Advocate Ajit Singh Tawar

Questions Answered by Advocate Ajit Singh Tawar

Q: COMPANY BOARD RESOLUTIONS TO REGISTER WITH ROC

Is all the board resolutions needs to be intimated or uploaded with MCA / ROC for Private Limited Company. What is legal status of resolutions passed by board of directors and not uploaded with Registrar of Companies ? Is it they are legally valid in court of law ?

Advocate Ajit Singh Tawar answered
Not all resolutions need to be uploaded with ROC, once all board members agree to particular thing which is as per the law then such resolutions are valid resolution. The Companies Act stipulate the resolutions which are required to be uploaded on MCA website for ROC.In any event if any resolution is not uploaded to ROC then it's a procedural non compliance and same can be rectified by paying late fees or seeking condonation of delay and if it's becomes an offence then it can be compounded.

Q: Deposit of outsiders money in pvt Ltd company & du

My friend asked me for help. He asked me to deposit Rs 5 lacs in his pvt Ltd company & he told me that he would return the same in 3 months. I deposited Rs 5 lacs in nphg fitness pvt Ltd via neft. The paid up capital of the pvt Ltd company is Rs 1 lac only. Till date my friend has not done any paperwork with regards to my deposit in his pvt Ltd company & he refuses to do so. 3 months has passed & he is not returning my money. How can I legally pursue him for my money. Regards

Advocate Ajit Singh Tawar answered
First take a confirmation from the company that your friend has floated and then you can start any legal recourse against that company n your friend. Once confirmed you can approach civil court or nclt for relief.