Case of a fraudulent transaction
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Abhishek Mishra /
Published on :
03-Apr-2023 04:30 AM /
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319 /
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Dear All,
If a transaction is done with the sole or primary intent of benefiting a related party, and such, related party has deliberately concealed the transaction, is it not a case of a fraudulent transaction?
Read more on : transaction fraudulent case
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Posted By : Abhishek Mishra /
Published on :
20-Apr-2023 05:06 AM /
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320 /
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Hello All.
What needs to be done when the proposed name applied has already been reserved but due to some issues like (Category/Spelling mistakes etc.), the applicant wants to reapply with the same name?
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Posted By : Abhishek Mishra /
Published on :
19-Apr-2023 07:12 AM /
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Dear All,
What is the functionality of Extend the name in Spice + Part A?
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Posted By : Abhishek Mishra /
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12-Apr-2023 05:38 AM /
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403 /
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Hello all,
Does MD or ED of the company related to promoter group, fall under the
definition of employees for the purpose of ESOP?
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Posted By : Abhishek Mishra /
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11-Apr-2023 04:21 AM /
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Hello All
Want to know that if all the Resident shareholders transfer holdings to one foreign entity and in attachment of form FCTRS in pre-post shareholding if we shows two nominee shareholder of foreign body corporate also show the nominee shareholder in share purchase agreement and we have filed form FCTRS,
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Posted By : Abhishek Mishra /
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08-Apr-2023 04:17 AM /
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378 /
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Hello All,
Is there is any relaxation in stamp duty payment on transfer of shares of Section 8 Company?
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Posted By : Abhishek Mishra /
Published on :
06-Apr-2023 07:33 AM /
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481 /
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Hello All,
Is there a blanket ban on communication/ procurement of UPSI? Are there any exemptions?
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Posted By : Abhishek Mishra /
Published on :
05-Apr-2023 05:51 AM /
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378 /
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Dear All,
Is it mandatory that the name of section 8 Company shall include the words like – Foundation, forum, association, federation, chamber, confederation, Council, electoral trust etc.?
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Posted By : Abhishek Mishra /
Published on :
04-Apr-2023 05:14 AM /
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424 /
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Hello All,
Suppose, a person is holding 24% of paid up equity capital of an NBFC and
acquires additional 2% of paid up equity capital. Does the transfer require a prior approval of the RBI?
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Dear Abhishek,
The necessary elements to establish a fraud are intent to deceive, to gain undue advantage from, or to injure the interests of, the company or its shareholders or its creditors or any other person. A fraud is deliberate, and is a conscious design to hide facts, provide wrong facts, etc. RPTs themselves are not fraudulent, but if there is a deliberate attempt to disguise what is clearly a
related party transaction, and therefore, seek unscrupulous benefit and avoid independent scrutiny by the audit committee, it may be contended to be a fraudulent transaction.
Hope it helps