In general, there are no restrictions on the nationality of a director. However, the nationality of a director may be a relevant factor in some regulated industries. Directors generally do not need to be resident in the state where the corporation is incorporated. In Sarathi Leasing Finance Ltd v. B Narayana Shetty, (2000) 131 Co. Cases 798, the articles of association authorized the managing director to represent the company in legal proceedings. It was decided that another power of attorney was not required to file a claim for non-cashing of cheques under section 138 of the Negotiable Instruments Act. In a company, the shareholders are the owners because they contribute capital to the operation of the company. But directors are the person responsible for managing the corporation for the purposes for which it was founded. Only certain decisions of paramount importance are made by the shareholders, while the directors are responsible for the entire day-to-day management of the company. If a director is absent from Board meetings for more than 3 months, an alternate director is appointed by the Board of Directors to replace him. The alternate director shall hold office either until the end of his term of office or until the return of the original director.
The difference between ad hoc and alternate administrators is that the alternate director position is temporary until the return of the original administrator, while the ad hoc director position remains permanent. It is also assumed that directors are not full representatives of the corporation because they are elected persons, but persons appointed by agents. A business manager is a professional person hired by the company to manage and manage his business. A director is defined in section 2 (34) of the Companies Act 2013 as a person (director) appointed to the board of directors of a company. No artificial person or entity can be selected for the position of director in a company. Only an individual may be appointed as a director of a corporation. The legal position of the directors is discussed below: I am so satisfied with your notes, it was so easy to understand the whole concept of legal position, especially when the exams are close. This helps me a lot to better understand how the Madras High Court in the landmark case of V.S. Ramaswami Iyer v.
Brahmayya and Co. (1966), directors may be held liable as trustees for their authority to use corporate funds. A director can abuse it in several ways. For this reason, if legal action is brought against a director in respect of the above offence, the cause of action against his or her legal representative remains even after the director`s death. In Percival v. Wright (1902) and Peskin v. Anderson (2001), it was held that directors of a corporation owe their duty to the corporation as a whole and are not trustees of individual shareholders or have a fiduciary duty to them solely by virtue of their duties. They can acquire their shares without disclosing the negotiations on the sale of the company to the company. A person may only be appointed as a director if he or she has been given a Director Identification Number (DIN) or other number in accordance with Section 153 of the Companies Act 2013. According to the 2017 amendment, the central government can give a person an identification number, which must be treated as a DIN for the purposes of this law. The rule that a communication to a representative within his agency is equivalent to a communication to his client.
The same rule applies to administrators. A notice to a director is a notice to the Corporation. As a representative of the Company, the duty of the Director to inform the Company. A « shadow director » is a director who greatly influences the decisions of the company`s board of directors. He does this secretly and acts in the background. He is not officially appointed as a director, but has a great influence on the company`s decisions. An application for the allocation of DIN to the central government must be made by a person who intends to be a director of a company under section 153 of the Companies Act 2013.
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Rpd Legal TermBy FMR — 6 mois ago
For abbreviations of legal journal titles, see also the list of legal journals indexed by the Encyclopedia of Law (which may contain several articles related to pension repatriation decisions) (choose the letter with which the title of the legal journal begins). See Index of legal abbreviations used in Australia Translation: Your private diaries may contain evidence in the case, and opposing parties have the legal right to copy and review it when submitting a request for submission of documents. Today`s #LEGAL term is: #Discovery Have you heard this term on a TV show? t.co/oklfYHj5th . #lawyer#TheMoreYouKnowpic.twitter.com/9S5RpcHrca The definition of « discovery » in law is the exchange of legal information and facts known to a case. Think of discovery as obtaining and disclosing the evidence and position of each party to a case so that all parties involved can decide what their best options are – going to court or negotiating an early resolution. RESPONSE: When a complaint is submitted to a defendant in litigation, the « response » is the written response that relates to each allegation and admits or denies the errors. Parties to a case must participate in the investigation process, which means that they must hand over information and evidence about a claim so that all parties involved can know what awaits them in the trial. WRITTEN DISCOVERY Under the umbrella of « written discovery, » we find, « We are in discovery right now, I hope we get what we need with this statement. » RPBA – CPPR – CPSR – CVPP – RPCX – RPDA – DPRD – RPDE – LDPR – PDP Translation: The investigative process is ongoing and we try to get all the evidence we need when we sit in person and question the defendant under oath. For these reasons, it is very rare during a trial for a lawyer to present surprising evidence, as many television characters seem to do with regularity. There is no answer to this question like « MISCELLANEOUS, SPORTS, GOVERNMENT » all categories for anything that does not fit into another category. It can represent anything from « leftover » items to hard-to-classify items.
Testing can be time-consuming, wasteful of energy and money. Discovery encourages the parties to choose a settlement and end the dispute before trial or before the end of the process. Like showing your cards to your opponent in a poker game, discovery reveals the strengths and weaknesses of each game`s hands. Now that they know the evidence, either party can continue the process or fold their hands depending on what has been revealed. DISCOVERABLE: This is potential evidence – notes, diaries, photos, videos, etc. – these « findable » elements must be made available to the opposing parties in the dispute. « They have to pass this log during the discovery if they emit RPD. » A testimony is an opportunity for a lawyer to ask for whatever is necessary to gather, clarify and « discover » evidence and facts. Knowing the facts, the parties can then decide what to do with the claim.Post Views: 276
Uci Bike Frame RulesBy FMR — 6 mois ago
It is also illegal for two people to ride a bicycle intended for one person or to have headphones that cover both ears while cycling. Proof that the rules are always open to interpretation is the recently unveiled Lotus/Hope track bike, designed for British Cycling to compete in the Tokyo 2020 Olympics. It`s a bike that pushes the boundaries more than anything we`ve seen in recent years. Despite its radical appearance, it adheres to UCI rules, has a sticker on the frame and can be purchased for £15,000, and speaking to British Cycling and Hope recently revealed that the UCI was involved throughout development and passed inspection at the first track race he contested. The rule at the time was to ensure that manufacturers did not make bicycles that were structurally weak but too lightweight. Since then, we and other manufacturers have worked hard to refine our carbon fiber overlays and can now safely make bikes that weigh less. Therefore, you can buy a bike that facilitates mountaineering and a professional can not ride. So what does the UCI sticker mean? It simply means that someone in the organization has made sure that a new bike meets all the necessary technical rules. Once homologation has been granted, the bike brand can put a sticker on production bikes and the bike will then be listed in the UCI database of approved frames. The UCI has yet to confirm the discussions, and the panel`s head of innovation, Michael Rogers, told CyclingTips: « At this stage, the UCI is not in a position to comment on this. » However, several stakeholders involved in the review told CyclingTips that they expect « a decent amount of change » and stressed that « a lot is being reviewed. » In addition, some industry insiders involved in the review process told us that the goal is to « simplify and even relax some rules. » Apparently, the UCI does not intend to introduce new restrictions, but to promulgate regulations that « help both manufacturers and stewards ».
CyclingTips believes that the UCI is reviewing its technical rules and rules for road and track racing. Several industry insiders confirmed to CyclingTips that the UCI is currently in consultation with many stakeholders, with a revision of the current rules expected before the next Olympic cycle. This list is often where bike media get the first hints that a new bike is coming soon, as they are often launched here months before a new bike is discovered in the real world or on the market. I`m sure marketing departments hate this list! Yes, there can be complications in terms of TV rights and data ownership, but the requirement that all bikes must carry at least broadcast equipment is the first step in making race coverage more exciting for fans. With the equipment mounted on each bike, no rider will be at a disadvantage and we will have photos of the critical times at each race. We could even go further and require all drivers to publish their performance data after each race. One of the biggest changes brought by the UCI in cycling was the creation of the ProTour in 2005. These rules meant that ProTour teams, with the UCI awarding the ProTour license to 20 teams, had to participate in all races on the ProTour calendar. These races were originally all held in Europe, and after 2007, the UCI began sanctioning races around the world.
I reached out to Graham Shrive, Director of Engineering at Factor Bike (and former Head of Engineering at Cervelo) to find out what such a rule change could mean for future bike design. The reason for this change was that Great Britain would send English, Scottish, Welsh and Irish teams under ICA rules and various other countries were upset about this. The other interesting thing is the voting rules. The approval process was put in place, according to the UCI, to « improve and simplify various aspects of competitive cycling », with benefits such as adding value to approved equipment, knowing riders and customers that a frame can be fitted, reducing the checks carried out by stewards at an event and avoiding the rejection of a motorcycle. The new rules are a recast of a small part of Article 1.3.020 in the existing UCI Technical Manual. The UCI has long checked the dimensions of the tube of bicycles, in particular that a tube must remain between 2.5 and 8 cm in each direction. In recent years, the UCI has relaxed this regulation with regard to forks, stays and guy wires, which are allowed up to a minimum thickness of 1 cm. UCI certification not only makes life easier for stewards, but also allows you as a consumer to calm down. We opted for full UCI certification because we want you to know that we want to be China`s leading supplier of carbon fiber road bikes. Currently, the UCI technical regulations provide for a section that applies to road, track and cyclocross bikes, and a separate section for time trial bikes and some track bikes. According to the leaked document, it appears that the UCI will soon merge some of these two sections.
This means, among other things, that the compensation triangles at major level crossings – currently only legal for time trial bikes and rail bikes – could be used for all bikes in the future. Such compensation triangles are already visible on many time trial machines, reminiscent of Trek`s concept of speed. « It`s like asking a parent who is their favorite (least popular?) child. There are a number of them, so I am not sure we would be able to point to one thing as a silver bullet. In general, I`m a proponent of simplifying the rules and I think there are several ways to do that in the current definitions, » he says. When asked if he thinks the UCI`s approval process has been a good thing since its inception, Chris Yu, Specialized`s integrated brand/technology manager, says he has reduced the risk of banning new bikes. One of the most controversial rules for bikes is the weight rule. In fact, almost every year, a magazine will publish an article telling you that this is the year when the weight rule of the bike will change. The weight limit for bicycles weighing less than 6.8 kg was set in the Lugano Charter in 1996. And this comment from Shrive made my mind spiral.
When I first read about the rule changes, I was thinking exclusively about aerodynamic gains, but these changes could mean real changes in the way bikes are made, how they ride and much more. Looking at the mountain bike world, recent versions of bikes such as the Mondraker Podium and Canyon Exceed each feature impressively flattened top tube shapes that could now be used in other disciplines. I hope you can now see that the UCI has set the rules and that we and all the other cycling federations must respect them. The UCI has created the Equipment Commission. The Commission was created to develop « a new UCI approach to innovation and technology ». As you can imagine, the UCI also has aerodynamic rules. What we were always talking about was the 3:1 ratio. This ratio meant that the frame tubes could not exceed a ratio of 3:1 for length to width. The rule was abandoned about two years ago. The wheel must be perpendicular to the valve hole.
There must be good evidence that these rules are being followed, and all images in the test must be taken from multiple angles. Cyclists must respect all specified speed limits. In addition, no cyclist may ride at a speed higher than that which is appropriate and prudent under the given conditions. At the university, the speed limit on campus bike lanes is 8 miles per hour. Now you know what the UCI sticker on your bike means and what it means for the bike company. Now it`s up to you, we want to know if the UCI sticker influences your decision to buy a new road bike? The UCI says the rules are about rider safety and sporting purity, but also technological excellence. This is how the UCI defines itself in terms of controlling the design of bicycles. Speaking of changes to the head tube, the leaked document states: « Additional frame components may be added between the head tube and the handlebar stem.
These must be within the dimensions of the steering tube box. ». Admittedly, some bike designers somewhere have intentions for this new rule, and it will be interesting to see if these are cable management solutions or something more. Over the years, CyclingTips has criticised the UCI for its sometimes loosely worded and even poorly enforced rules. We often question UCI priorities when elevator traffic jams are banned and riders are disqualified for bidding on children, but rider safety can slip down the priority list. Sidewalk cycling is prohibited on the university campus, except in the few areas where there is no parallel road or bike path. UCI bikes cannot be used on green spaces, pedestrian areas, pedestrian ramps or anywhere there are signs prohibiting cycling. A sticker is then issued. The focal point is the UCI logo with a code that identifies the model and registration data. There are even rules for the position of the sticker on the frame. No hiding place under the bottom bracket! « The label must be visible, indelible and inseparable from the frame, » says the UCI, and for most frame manufacturers, this means the seat tube. « So it`s something where different rules could have an immediate impact on all the different frame designs, not just aerodynamic bikes or TT. This could change all bikes.
Since the UCI is ready to relax and refine some of its equipment rules, let`s take a look at the rules we would change. « In short, yes. Whenever we design a bike for any type of road racing application, we have to consider the impact of UCI rules. The most important concerns the « UCI boxes ». You`re probably familiar with them, but they`re very prescriptive and go beyond the tread depth of some pipes. Previously, we were often limited in the minimum size of the tube (which was limited) and the location of the guy wires, » he explains.Post Views: 148
Legal Drugs in MexicoBy FMR — 7 mois ago
In a statement, the MUCD stressed that the sentence would only be carried out if it is confirmed by the court and stressed that it did not legalise cocaine. While the vicious cycle of illicit drugs causes corruption and violence, affects society and the economy, increases organized crime and harms vulnerable communities and institutions, as the organization claims. Currently, more than 250 million people worldwide are at risk of frequent drug use. According to the Global Commission on Drug Policy, there are two circles regarding drug prohibition. At some point in history, drugs that are now illegal were legalized in Mexico. In fact, the government opened clinics where doctors administered controlled doses to people who were addicted. Human traffickers use a variety of tactics to evade discovery by U.S. authorities at the border. These include hiding or hiding drugs in vehicles, smuggling into the United States through underground tunnels, and flying over border barriers using drones or other aircraft. After Mexican drug traffickers smuggled bulk drug shipments into the United States, local groups and street gangs manage retail distribution in cities across the country.
Carlos Zamudio presented the results of his ethnographic research on drug trafficking in Mexico City. He found that there are two main types of trafficking, the first is a delivery system where the trafficker brings drugs to the user. This is common in wealthier neighborhoods, but in marginalized communities and some middle-class areas where vendors sell their products from fixed locations. Usually, he said, a family that has political ties or comes from a part of a neighborhood known to be particularly violent gets into the drug trade. Zamudio described how the family provides a service to the neighborhood by ridding the area of the old common crime and gaining the support of the local community despite their illegal activities. Families involved in local commerce often provide other services to the community, offering loans to residents and funding neighborhood festivals, he said. While drug use can often lead to disruptive behavior and other crimes, Zamudio noted that traffickers try to minimize this problem by creating a designated space, including in the neighborhood, where users can use the drugs in a discreet environment. He also pointed out that young people are at the heart of this phenomenon, both as users and as traders.
They also tend to feel the effects of these actions more directly, as the lowest traffickers are the first to be arrested when police feel they need to show progress on drug problems, Zamudio said. Jorge Hernández Tinajero said that efforts to combat drugs should take into account two objectives, the safety of citizens and the regulation of the drug trafficking market. A recently passed law strengthened the government`s powers to combat drug trafficking and allowed local governments to prosecute drug-related offenses as violations of the health law, Hernández Tinajero noted. He went on to describe how the new law theoretically cracks down on retailers while decriminalizing consumption. However, the fact that possession of relatively small quantities of drugs is considered evidence of intent to distribute has opened up unhealthy opportunities for negotiation (corruption) with the police, as it determines the exact amount of drugs a suspect possesses. In addition, Hernández mentioned that the application of the law has been very different and that in many areas there are no changes in enforcement. He sees Mexico`s change in legal framework as much more modest than originally imagined, concluding that the marijuana decriminalization movement in many U.S. states could have a much more profound impact on Mexico`s drug laws and drug market.
On August 20, 2009, the Mexican government passed a law decriminalizing possession of small amounts of drugs. Under the new law, possession for « personal and immediate use » – defined as up to half a gram of cocaine, five grams of marijuana, 50 milligrams of heroin, 40 milligrams of methamphetamine and 0.015 milligrams of LSD — do not result in criminal prosecution. « In this case, it`s about emphasizing the need to end the criminalization of people who use drugs and develop better public policies that explore all available options, including regulation. » « It could end up in a rocky area, » Baumgarten said, explaining that a majority of Mexicans oppose the legalization of marijuana. The court`s decision orders Mexico`s national health authority Cofepris to allow two people to legally possess, transport and consume cocaine. President Donald J. Trump has shifted U.S. priorities for Merida to issues such as border security and combating drug production and money laundering. In a highly controversial move in February 2019, Trump declared a national emergency at the U.S.-Mexico border and ordered the deployment of thousands of active troops, citing an influx of illegal drugs, criminals and undocumented immigrants. Mexico then deployed twenty-five thousand members of the National Guard to secure its borders, which some experts say increased violence and reduced the country`s ability to fight cartels. These were the early years of World War II and the government was unable to buy drugs because it was brought from Europe, where the war continued.
In 2017, marijuana was legalized for medical and scientific purposes, and in November 2018, the Supreme Court ruled that a blanket ban on recreational use was unconstitutional, Reuters reports. The ruling means the anonymous couple can use small amounts of cocaine but not sell it, according to Mexico United Against Crime (MUCD), an NGO that filed legal documents in the case as part of its strategy to change the country`s drug policy. On August 21, 2009, Mexico decriminalized the possession of small amounts of cannabis and other drugs in order to reduce illicit drug activities.Post Views: 132
Is Gambling Legal in Costa RicaBy FMR — 7 mois ago
Costa Rica does not have strict laws related to gambling, which is why online casino operators can develop their operations independently and free of charge. This country`s gambling license is different from those issued by other online casino regulators as there is no general regulatory body that oversees the day-to-day business and operations of online casinos to ensure that they do not engage in nefarious activities and pose no danger to players. Online casinos can operate through a single license called the Data Processing License, which gives operators the ability to conduct sports betting, poker, bingo, and online casino games. Only the following companies are eligible for a gambling license in Costa Rica (a data processing license): American expats Costa Rica – U.S. accuses man of laundering Costa Rican money Just to be clear, Costa Rica`s gambling license does not exist and the operation of online gambling sites based in Costa Rica is in no way allowed, regulated or supervised. Even those who hold the « data processing license » are still not regulated. Currently, Costa Rica`s laws do not allow citizens of that country to engage in online gambling. On the other hand, they don`t have the same approach to gambling when it comes to their state game, which is legal. The company then has the choice to continue in Costa Rica and offer only cryptocurrency payments or move to another jurisdiction that offers an online gambling license and supports the use of fiat currency and cryptocurrency. Fast Offshore recommends using Costa Rica as a « sandbox » environment and later purchasing a license in Curacao or Kahnawake. Cryptocurrency betting is not specifically regulated in Costa Rica, but it is illegal, like all other forms of online gambling, at least technically. However, online gambling sites licensed in the country are not affected.
In fact, there are licensed Bitcoin casinos in Costa Rica, but these gambling sites don`t have to accept players from the country. However, locals can play on foreign gambling sites Bitcoin, Litecoin and Ethereum. For players, the taxation of gambling winnings in Costa Rica: non-taxable, there was a proposal for a new 25% tax on big lottery prizes in 2020, but it was rejected Since there is no online gambling license, most Costa Rican operators acquire a data processing license and operate under the guise of call centers. The improvement of the online gambling sector and the pressure of social distancing and isolation have made this industry one of the fastest growing industries in the world. Despite the ban on online gambling, Costa Rica is a lucrative online gambling center and offshore tax haven and probably the most popular licensing destination in the Caribbean. However, this popularity does not reflect the quality of the licenses issued (at least for players). In fact, it is inversely proportional. An online gambling license from this country is considered the second worst among popular offshore licenses (the worst is Panama`s « data processing license »).
The way they circumvent the ban on online gambling is that the law has been written in such a way that the game does not take place at the place where the server is located, but at the location of the player. /Comment: By the way, the latter is a very good solution, I would use it if I had a casino in the country, this way you do not have to deal with chaotic regulations, just get the license from the Ministry of Security, pay taxes, but have everything online, on a server abroad, just in case, with a gaming license in Panama, with servers in Panama. God knows what these politicians will propose in a few years. This will make your casino business « future-proof » and this Panama license is also an equally cheap and barely regulated data processing license that allows you to accept players from Costa Rica. / The government must be aware of the real problem of most licensed online gambling operators (although they do not officially admit it for obvious reasons). And they have banned these companies from accepting premises on their websites, which is no coincidence. This is one of the few rules that these licensees must follow. I recommend everyone to avoid online gambling sites allowed in Costa Rica. There is absolutely no responsibility, and these online gambling sites are not controlled, regulated at all. Over the years, there have been numerous scandals and regular allegations of money laundering, involvement of organized crime****. Obviously, not all of these accusations are true.
But even if only a third of them are true, it`s already too many. The online gambling sites listed below are all licensed in other countries but accept players from Costa Rica. Sistema costarricense de Informatión Jurídica – Autorización para el cambio de nombre de la Junta de Protección Social y establecimiento de la distribución de rentas de las loterías nacionales A gambling license in Costa Rica, or better yet, gambling companies, is a great option for startups to « test the waters » before diving in and spending a hefty sum on licenses. You can start an online gaming business, test your software, website, and the popularity of your platform with your target audience before taking the business to the next level. Sports betting is legal in Costa Rica. Sports betting is theoretically legal, according to Article 2 of Law No. 8718*, which grants the Junta de Potección de Social a monopoly on the following: Costa Rica`s gambling law allows businesses to have a gambling license and gambling sites under current online gambling laws. First of all, it is quite easy to get a license for online gambling, which is the first red flag. Second, companies don`t get real online gambling licenses.
Instead, they get data processing licenses, just like in Panama. In addition, Costa Rica`s licenses are poorly monitored, which poses a risk to players on these sites. Online gambling is illegal in the United States and there is no federal license that serves the entire country. While some states have legalized online gambling, Fast Offshore does not offer services to customers who wish to offer services to gamblers in the United States. We take the same position vis-à-vis any jurisdiction where online gambling is illegal or prohibited. When it comes to gambling, Costa Rica is a very special jurisdiction. All gambling was officially banned by the Gambling Act of 1922, but subsequent regulations and government interpretations opened the door to a legalized sector. Today, land-based casinos can operate in hotels and offer slot machines, tables and card games, while betting is subject to a state monopoly.
Although you only need internet access to gamble online, most countries have laws and regulations that specifically focus on online gambling. One reason is that countries want to prevent money from leaving the country, which is why they force home casino companies. Setting up gambling companies in Costa Rica through a gambling license is a big part of our expertise regarding Costa Rica`s gambling law. The Costa Rican gambling industry and the requirements for a business to establish itself in the Costa Rican online gambling environment is our specialty. Most gambling sites and gambling companies are located in Costa Rica, and most have considered us a guide for setting up licensed online gambling services. If you want to know more about Costa Rica and other gaming jurisdictions in the region, you can download our free eBook « iGaming in Latin America ». No, you can`t. Like other jurisdictions, Costa Rica`s banks allow unlicensed, unsupervised, and unregulated online gambling companies to open accounts with them.
As a minimum requirement, a reputable financial institution would need an online gambling license. Instead of using fiat currencies, those who have an online gambling company in Costa Rica are limited to using cryptocurrency. A gambling company in Costa Rica is a legal entity whose purpose is defined as online gambling. This allows the operator to conduct online gambling activities from Costa Rica when there is no specific regulatory framework for online casinos and betting. The growth of the online gambling industry cannot go unnoticed and the change in the gambling industry has impacted many other industries. With the advent of technology, online gambling has become accessible to all parts of the world. Some business service providers will try to sell a gambling license in Costa Rica at a high price, but they are not entirely honest. While it is possible to set up an online gaming company in Costa Rica, any discussion of a « license » is misleading. Costa Rica grants data processing licenses to various companies, including online poker operators (or more specifically, online casinos that also have poker, none of the licensed gambling sites are, to my knowledge, exclusively poker platforms). However, these companies cannot offer their services to Costa Ricans. Locals can play at international poker sites without impact, the online gambling ban is not enforced and foreign online poker sites are not blocked.Post Views: 122