Hello All,

The partnership was formed with 2 partners when both partners were resident Indian citizens. The managing partner (and the one who brought in 90% of the capital) intends to go abroad possibly permanently, while the other partner will remain in India. Both partners will still remain Indian citizens.

So can the partnership carry on as earlier?

A Non-Resident Indian (NRI) and a person residing in India form a private company in India. The NRI pays the subscription money in INR in India. Is this considered as Foreign Direct Investment (FDI), and is the transaction legal?

Hi,

Some of us wanted to enter into a business partnership. All partners signed the deed and got it notarised. But there were no witnesses. Is the deed valid without any witness signatures? Will we face any problem in getting PAN. GST and other Government documents? Any help would be highly appreciated.


Regards

Rakesh

is it essential to affix a revenue stamp (1 Re.), on payment exceeding Rs.5000, made through bank?

As per section 36 of Companies Act 2013,

Any person who, either knowingly or recklessly makes any statement, promise or forecast which is false, deceptive or misleading, or deliberately conceals any material facts, to induce another person to enter into, or to offer to enter into:

c) any agreement for, or with a view to, obtaining credit facilities from any bank or financial institution , shall be liable for action under section 447.

Further as per Section 37, a suit may be filed or any other action may be taken under section 34 or section 35 or section 36 by any person, group of persons or any association of persons affected by any misleading statement or the inclusion or omission of any matter in the prospectus .


My questions are the following:

1) Does "statement , promise or forecast" mentioned u/s 36 mean the prospectus or can it be any other statement not being a prospectus? As suit can be filed only if misstatement is related to prospectus as per section 37, so should we assume that this statement given to induce an agreement is prospectus only?

2) Further what does "inducing a person to enter into an agreement for or with a view to obtaining credit facility from a bank" mean? Are we making an agreement with another individual to improve our credit worthiness in order to obtain credit?

3) To make someone liable u/s 447 should the suit be filed only by persons mentioned under section 37 ( that is an investor who was affected by the misstatement in the prospectus) ?

1) My query is that is internal auditor to be mandatorily appointed during fy 2011-12 for listed companies under companies act 1956 and any other provisions?
2)does an internal auditor appointment requires board approval during F.Y. 2011-12 under the Companies Act.1956 or any other provisions of the companies act?
3)Also under 2013 act was it mandatory to file MGT-14 for internal auditor appointment ?

Please advise.

Sir,

A & B are joint bank account holders, A being first named. A has expired and deceased claim been submitted. However kindly advise :
A. Whether Banj account can be continued by the joint account holder?
B. Is there any banking guideline be pertaining to this?

Kindly Advise.

Thanks & Regards

Dear Sir,

One of our society and section 8 company wants to give loan to another society and on that loan, interest would also be charge by them. My query is whether section 8 and society can give loan to another society and would charge interest thereon as purpose of the society and section 8 company was formed for a charitable purpose. Whether chargeable interest would be considered as his non charitable income or business income.. Is society and section 8 company can charge interest on the loan and would earn interest as income.. Requested to present your views..

Sir

Request you to apprise :

A. Whether husband has or can exercise any right on the property/assets held by wife prior to the marriage?

B. Similarly what is the position in case of gifts and/or inheritance from Parents post marriage?

Thanks & Regards

Hi,

can we pay the half wages to labour at the time of payroll period and pay the rest amount at the time of bonus payment. ??
and it's mention in which section or gov. notification ??