shares buyback

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the private ltd  company(agriculture)  formed by 2 person as a directors and shareholder          

1  Company was originally formed with 1 lakh authorised capital but buy agricultural land worth of   25 lakh as company gets unsecured loan from one of relative of director.please confirm is this   a legal act ?.Does this loan is also exempt  from  " deposit"  and do we  need to raised share   capital  or not ?

2.     Is there any legal way that one of its director who own 90% shares transfer all share to     someone he trust(relative)with or without any money involved with board resolution and draw some kind any type contract or any  company law with him that whenever he want to take all shares back at same price .he(relative) should return or  transfer all shares back to director without any hassle 

Replies (2)

Regarding ur first q, from Companies Act view Sec 295 will be applicable and the same has to complied with. Then Sec 299 and 300 would also follow.  Share capital neednt be raised.

Share transfer is permitted. It is irrelevant for the company as to wat price the shares are transferred from one person to another.

No there is no applicability of section 295 loan to director.

 

Unsecured loan received by the company from relative of director is exempt from the deposit provisions. Refer deposit rules, 1975. So there is no need to worry.

 

Regarding your second qus i would suggest go for some specific professional help and draft a shareholding agreement as per your requirement.

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