Fraudulent Transfer of Shares
We are 4 equal partners in the company but my other three partners have fraudulently transferred my 25% shares and also submitted my resignation with my forged signatures about 15 days ago. I just came to know about this.I want to claim my directorship and shares back, What action should I take under which Act please?
Sir, prima facie this appears to be a case of cheating and fraud for which you may file a criminal complaint under the IPC. At the same time you have the civil remedy of declaration, rendition of accounts, damages etc which will be preferred before a civil court according to the pecuniary value of the suit
Advocate Rajat JosephNizamuddin East, Delhi
1. You should lodge a criminal complaint for cheating and forgery in the EOW cell.
2. You should file a complaint with the ROC regarding the fraudulent transfer.
3. You can approach the Company Law Board and seek a stay on illegal transfer of shares.
You also need to see whether you had a pre emptive right on transfer of shares.
Advocate Apurv ChandolaLajpat Nagar 4, Delhi
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