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Ramalingam Kalirajan3956 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jun 03, 2024

Asked on - Jun 03, 2024Hindi

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Does a director of insolvent company can sell his property during insolvency proceedings.
Ans: The ability of a director of an insolvent company to sell personal property during insolvency proceedings is governed by specific legal frameworks. Here's a detailed explanation of the relevant considerations and legal context in India.

Understanding Insolvency Proceedings
Insolvency proceedings are designed to manage the debts of an insolvent company. During these proceedings, the company's assets and operations are under scrutiny to repay creditors.

Legal Framework in India
In India, the Insolvency and Bankruptcy Code (IBC), 2016, governs insolvency proceedings. The IBC provides a structured and time-bound process for insolvency resolution.

Director's Role During Insolvency
Once insolvency proceedings are initiated, the role of the company's directors is significantly restricted. The management of the company typically shifts to an Insolvency Resolution Professional (IRP) or a Resolution Professional (RP).

Personal Property of Directors
Directors can retain their personal property separate from the company's assets. The insolvency proceedings focus on the assets and liabilities of the company, not the personal assets of its directors.

Selling Personal Property
Legal Ownership: Directors can sell their personal property during insolvency proceedings, provided it is legally their own and not connected to the company's assets.

Restrictions: While directors have the right to sell their personal property, they must ensure that the sale does not infringe on any legal obligations or create a perception of asset stripping related to the company’s insolvency.

Disclosure: Any significant transactions may require disclosure, especially if there is any potential conflict of interest or suspicion of diverting funds from the company.

Implications for Creditors
Creditors may scrutinize personal transactions of directors to ensure that no company assets are being unlawfully diverted. If any transaction is found to be improper, it could be challenged in court.

Best Practices for Directors
Legal Advice: Directors should seek legal advice before selling any personal property during insolvency proceedings to ensure compliance with legal and ethical standards.

Transparency: Maintaining transparency in all transactions helps avoid legal complications and demonstrates good faith to creditors and stakeholders.

Avoid Conflicts: Ensure that personal transactions do not conflict with the company’s insolvency proceedings or the interests of creditors.

Conclusion
While directors of an insolvent company can sell their personal property during insolvency proceedings, they must do so cautiously, ensuring compliance with legal requirements and maintaining transparency to avoid any potential conflicts or legal challenges.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
(more)
Ramalingam

Ramalingam Kalirajan3956 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 21, 2024

Asked on - May 19, 2024Hindi

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Can I withdraw PF for buying a resale property?
Ans: Understanding PF Withdrawal for Property Purchase
Your question about withdrawing Provident Fund (PF) for buying a resale property is important and relevant. Let's explore the possibilities and regulations regarding this process.

PF Withdrawal Rules for Property Purchase
The Employees' Provident Fund Organisation (EPFO) allows PF withdrawals for specific purposes, including the purchase of a property. However, certain conditions must be met to utilize this option.

Eligibility Criteria
Employment Tenure
You must have completed at least five years of service to be eligible for a PF withdrawal for purchasing a property.

Property Ownership
The property can be a house or flat and can be purchased individually or jointly with a spouse. The property must be in your or your spouse's name.

Amount of Withdrawal
Maximum Limit
You can withdraw up to 90% of your accumulated PF balance, including both employee and employer contributions, for purchasing a property. This amount includes the interest earned on your PF balance.

Purpose-Specific Regulations
Resale Property Purchase
The rules for buying a resale property are similar to those for purchasing a new property. The property must be free of any encumbrances, meaning it should not have any existing loans or legal disputes.

Documentation and Process
Application Submission
You need to submit Form 31 along with the required documents, such as a property agreement, identity proof, and a declaration form. These documents are necessary to verify your eligibility and the purpose of the withdrawal.

EPFO Approval
The EPFO will review your application and documents. Upon approval, the PF amount will be directly transferred to your bank account or to the seller as specified.

Tax Implications
Tax-Free Withdrawal
Withdrawals for purchasing a property are tax-free if you meet the eligibility criteria. However, if the PF account is less than five years old, the withdrawal amount may be subject to tax.

Strategic Considerations
Evaluating PF as a Funding Source
Withdrawing PF can be a strategic move if you need funds for purchasing a property. However, it reduces your retirement corpus. Carefully evaluate the impact on your long-term financial goals.

Alternative Financing Options
Consider other financing options like home loans. Home loans offer tax benefits on both principal repayment and interest payments under Sections 80C and 24(b) of the Income Tax Act.

Consulting a Certified Financial Planner
Consulting a Certified Financial Planner (CFP) can help you assess the best course of action. A CFP can provide personalized advice based on your financial situation, goals, and risk tolerance.

Conclusion
Withdrawing PF for purchasing a resale property is possible if you meet the EPFO's eligibility criteria. Ensure you understand the implications and explore all financing options. Consulting a CFP can provide valuable guidance in making an informed decision.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
(more)
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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