Legal Question in Criminal Law in India

I would like to lend the money (15 lakh) at an intreset rate of 24% to a construction company whose turn over is around 10 crore/annum.Please suggest the necessary documents to be procured from the company for legal transaction.Please help me in the format of the documents and the rules to be framed in the document to proceed legally and to get back the money incase of the unexpected conditions.


Asked on 7/30/12, 10:09 pm

3 Answers from Attorneys

Vivek Mapara Vivek N. Mapara

Hello

Important thing is this a white money transaction of black money transaction.

If it is white money transaction

(1) Lend money by cheque only against the name of the Construction Company Only, not against any individual director etc.

(2) Get executed a promissory note from the Construction Company. Before getting executed note, ensure who is executing the note on behalf of company, and his authority to bind company

(3) Execute a deed of acknowledgment of debt

(4) Execute a Loan Agreement and get it registered with the Registrar of Document and also with RoC

(5) And if agreed then take advance cheque as security

These are sufficient safe guards to ensure your money back.

However, if it is black money transaction, then also you can get all executed as aforesaid, but there will be problem if time comes for enforcement, regarding IT clearance etc.

Let me know should you have any query.

Vivek N Mapara

Attorney-At-Law

[email protected]

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Answered on 7/31/12, 12:30 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Vivek

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Answered on 8/03/12, 4:48 am
Shrichand Nahar S.V.Nahar, Advocate

Most States have local laws regulating and/or prohibiting money lending. Check those laws and act accordingly.

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Answered on 8/30/12, 10:02 pm


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