One of the best Advocates & Lawyers in Delhi - Advocate Vivek Pathak

Advocate Vivek Pathak

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LawRatoNehru Apartments, Delhi
LawRato14 years Experience
Practice Areas
Bankruptcy / Insolvency, Breach of Contract, Corporate, High Court, Media and Entertainment
Language(s) Spoken: English, Hindi
Advocate Vivek Pathak has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services.

Advocate Vivek provides services in the field of corporate law.

Advocate Vivek enrolled with the Bar Council of Delhi in 2009. He is a member of the Varanasi Bar Association.

Enrollment Number : UP04746/09
  • Delhi High Court
  • District Court, Karkardooma
  • District Court, Patiala House
  • District Court, Rohini
  • District Court, Saket
  • District Court, Tis Hazari

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Questions Answered by Advocate Vivek Pathak

Q: What is the procedure to start up a company

I want to start my own work, by opening a company which will give some services to public, like as food,plumber,car etc on order. I want everything in legal way,so tha no problem would occer in future. but i dont know how to open the company.what is the procedure for it. and whether i need to open a pvt ltd. or public ltd. and what does it mean. and whether i would be supported by START UP INDIA or not. please guide me. 

Advocate Vivek Pathak answered
Yes, there is a proper procedure to incorporate a company which is not very cumbersome and the entire process ( from obtaining DIN to incorporation) may take total time span of around two weeks. Intially it's advisable, considering your business, to open a private limited company which requires atleast 2 members and capital of Rs 1 lakh. Once the business grow then it may be converted into a public limited company (public limited companies are subject to more regulation and compliances as compared to private limited companies)As far as getting support from start up India initiative, it's better to discuss things in more detail to evaluate the possibility of getting start up India support.

Q: Dispute between directors of a Pvt. Ltd. Company and blackmailing

I am he largest minority shareholder in a pvt. ltd. company. Other two have now ganged up against me. In our bank accounts either mine or SH A's signatures are admissible. However, the chequebook is with SH A and he refuses to pass board resolution of mandatory joint signature. He is withdrawing funds in arbitrary (difficult to prove illegal) fashion. Now refuses to sign cheques for utilities payments without which business will stop & I being biggest SH have most to lose. So they are blackmailing me to give them more. I want bank to takeover A/C & only clear cheques against genuine bills.

Advocate Vivek Pathak answered
file petition under 397/398 in CLB, if you are a minority shareholder, if not call for EGM/AGM and pass the resolution recording change in the authorised signatory and intimate the bank. further, provide exact shareholding details in order to enable me to provide proper advise.

Q: Investing personal funds into company

Hello, I have incorporated a company with Rs. 1 lac authorised capital. I have also opened a bank account by transferring Rs. 1 lac from the directors (in the ratio of their equity holding in the company). My question is that now if I want to put money into the company to meet expenses, what is the best option? 1. Should I transfer from my personal account to the company account and show it as a loan to the company? 2. Should I transfer more money from the directors' accounts to the company accounts and show it as equity? What are the pros and cons for both of the above? Thanks

Advocate Vivek Pathak answered
Lending money to the company will fetch you an assured interest while contributing money in the share capital will entitle you to proportionate profit of the company by way of dividend,hope that gives you a fair idea about funding. further for more clarification provide the existing structure of the company.

Q: Received notice for using goodwill of firm after dissolution

i do agreement with my other two partner in 6th october. that firm will be dissolve in 31st march 2016 with other partner will be caretaker. and afterwards no can use name, place and goodwill. but they took all firm asset so i change firm name. now they sent me notice that i use goodwill. but after 31st march i not use name and firm goodwill. please suggest me that i need to reponse of notice or not. and can i breach agreement??

Advocate Vivek Pathak answered
Reply to Legal Query ID 16997.I understand that you have a partnership firm which has to be dissolved on 31.03.2016 according to an agreement you entered with other partner in October 2015 wherein it was also agreed that none of the partners after dissolution will use the name of the firm , goodwill etc., However, the other partner continued using the goodwill of the firm. Prima facie it appears that the other partners are in breach of the terms of the Agreement they entered with you in October, 2015. We can also explore the option of suing them for breach of agreement and demand liquidated damages. Further if they are have already breached the agreement then in that scenario agreement has no effect and you are also free to pursue your interest.However to advise you the best course of action, I need to go through the Agreement. Thus request you to provide the copy of agreement.Warm Regards

Frequently Asked Questions about Advocate Vivek Pathak

Can Advocate Vivek Pathak represent me in court?

Yes, Advocate Vivek Pathak can represent you in court. The lawyer is trained to present your case in the most effective way possible.

What should I bring to my initial consultation with Advocate Vivek Pathak?

When you meet with Advocate Vivek Pathak for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.

How do I prepare for my initial consultation with Advocate Vivek Pathak?

Before your initial consultation with Advocate Vivek Pathak, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.

What should I expect during my initial consultation with Advocate Vivek Pathak?

During your initial consultation with Advocate Vivek Pathak, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.

How do I communicate with Advocate Vivek Pathak?

It is important to communicate with Advocate Vivek Pathak regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.

How much does it cost to hire Advocate Vivek Pathak?

The cost of hiring Advocate Vivek Pathak can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.