• Fraud outside India

My business partners are trying to steal my shares in my company. I own 50% shares of it. They are from another countries. They are from Netherlands. Do i need to hire a advocate in Netherlands or i can fight against them from India also? My email is [deleted]
Asked 4 years ago in Business Law

9 answers received in 1 day.

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10 Answers

You can hire lawyer from India. Where did transcation took place in Canada or Netherlands or foreign country.

In which country your Business is registered. Its headquarters and local office. And feom where your business partners are operating rest of the things.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1) where is the company registered office ?

2)if offence has been committed in Netherlands better engage a lawyer in Nether lands only

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1. If they have not yet misappropriated your shares in the company then no offence has been committed yet.

2. A suit for permanent injunction can be filed in the competent civil court in India to restrain them from misappropriating your shares if the shares are held in a company which has its registered office in India.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. It is not sue whether the company is registered in India or not.

2. if the company is registered in Nederland and its registered office therein only having no connection with India then your dispute would be governed by the law of that country.

3. I that event you have only option to hire an advocate to counter their illegal acts by taking recourse of law of Nederland.

4. If this company has any branch office in India then you can file case in NCLT having juridiction over the office.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Company registered in India or netherlands??

Registered office of company situated at??

If the company is registered in India and is governed by Indian laws than the indian court have jurisdiction.otherwise indian court cannot restrict them. Still the fraud is not committed if it is committed than a complaint of fraud can be filed.

Though if registered in netherland hire a lawyer to initiate proceedings according to.netherlands court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

How they can steal your shares?

Unless you reveal their modus operandi, it will be difficult to suggest an option.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. You are deficient in providing details as to how are your partners trying to steal your shares in your Company.

2. Shares of individuals are recorded in the books/records kept with the Company for which share certificates are issued..

3. If you do not sell your shares to others, no body can take away the same from you.

4. Where is your said Company registered?

5. If it has been registered in India, then you can engage an Indian Advocate to defend your interest.

6. If the Company has been registered out side of India, the it will be prudent on your part to engage an Advocate of that Country.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

hello,

Is there any arbitration clause in case of dispute between the directors?

If the same is not there then I would advise you to proceed and file the case in Netherland, also till then you may file a case in India so that a stay is imposed in the transactions of the company

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Where company incorporate ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You must decide based on the gravity of the situation.

If you are confident of handling the issue with external support and assistance of well experienced lawyers practicing in the same filed in India then you may fight it out yourself or if you feel it ot be necessary then you can engage an advocate of that country.

An advocate of that country may know the local rules and law hence you can take the assistance of any lawyer of that country too.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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