Tag: Importance

Importance of Managed VPS Hosting

Importance of Managed VPS Hosting

There is a reason why VPS Hosting is the type of hosting that is in demand nowadays amongst all the people looking for web hosting as it is a combination of the best parts of shared hosting and dedicated hosting merged in one. It is much more affordable than a dedicated server and almost provides the same, though virtually. It is the affordability and flexibility of shared hosting and dedicated hosting respectively that makes it the most demanding service amongst all. The Virtual Private Servers truly hold the potential of providing the best industry solutions and are comparatively safe too. In total you can say that there are a lot of opportunities provided to you with a much lesser price as far as Managed VPS Hosting is concerned.

A Virtual Private Server shares a common server with the other VPS but the best part is that none of them interfere with one another at any point, irrespective of the common platform being shared by them. In comparison to the other shared hosting platforms, the speed and the bandwidth offered is much more as compared to the other shared hosting platforms as in that the bandwidth and the speed is divided. Also a Managed VPS Hosting plan gives you the privilege and the flexibility to install the desired operating systems and software of own choice and the beauty is that even with being on the same physical server, the Individual VPS is capable of running on its own.

A new type of hosting that’s hit the market that is Managed Linux VPS and is comparatively more reliable and fast. The other benefits those are included along with the Managed Linux VPS as you would be able to enjoy more memory with complete customization. It provides you the access of control panels like cPanel and direct admin for the complete control of your server. IF you are the ones who like to enjoy resource management, virtualization, clustering and multi tendency, then VPS Hosting can prove out to be the best solution.

Established in 2003, RSHosting is one of the leading UK & US web hosting providers and continue to offer most reliable, secure and high performance web hosting plans at the lowest cost. The wide range of web hosting products offered by RSHosting includes Managed Linux VPS,best reseller hosting UK, Dedicated server hosting uk, Cheap web hosting UK and many more. The Fully Managed Service includes 24/7 support by experienced technicians.
Importance Of A Personal Meeting With A Criminal Lawyer

Importance Of A Personal Meeting With A Criminal Lawyer

If you are having trouble with the law, it is imperative you hire a good criminal defence lawyer who will protect your rights and get you out of complicated situations. Your need for a good criminal lawyer will depend on the crime that you have committed and your background. However, you cannot hire the first criminal lawyer that you come in contact with. It is important that you hire a lawyer who is competent and who will work hard to get you out of a complicated situation.

Good criminal lawyers look at every case as a team effort, where both clients and lawyers put in effort to solve the case. The client relies on the input given by their lawyers to get out of a criminal case filed against them. It is important for the client to maintain a good rapport with their lawyer, to ensure that their case is taken care of in the best possible manner by the criminal lawyer they have hired. This will help them to obtain a fair trial for the criminal suit filed against you. It is important that the client learns to trust the criminal lawyer that they have hired. They must be able to talk to each other and avoid hiding case facts from their lawyer. Client/lawyer trust is vital if the client wants to prove his innocence.

Before the client hires a lawyer it is important to have a face-to-face conversation with the lawyer. No matter how busy the lawyer may be, it is important that client meets his lawyer at least once. Having a personal interview with the lawyer will help the client understand the interest the lawyer has in the case. Some of the important benefits of personally meeting the criminal lawyer include:

a) The client can judge the personality of the lawyer. This is important because if the client finds out that they cannot trust the lawyer they may hold back information which may be vital for winning the case.

b) The lawyer should also believe that they can trust the client. If the lawyer cannot trust the client then the lawyer will not give their best, which could adversely affect the case.

c) Personal meetings with the lawyer will help the client understand the track record of the lawyer. Criminal lawyers who have a good track record are known to provide excellent defence. The criminal lawyer must also be aware of the laws which are applicable.

d) Personal meetings with the criminal lawyer will also help in understanding the experience level of the lawyer. If the client finds out the lawyer is a novice, it is in their interest to search for an experienced lawyer that can prepare a good defence.

e) Personal meetings with the lawyer will help the client establish a good rapport with the lawyer. If the client is unable to explain his situation to the lawyer, it may become difficult for the lawyer to prepare a good defence.

It is almost impossible to explain the entire situation to the lawyer in a single sitting. However, meeting the lawyer in person will make the client feel comfortable and confident.

If you are looking for an expert and professional criminal lawyer visit the David Phillips and Partners website.
Importance Of Appointed Date & Effective Date in Restructuring

Importance Of Appointed Date & Effective Date in Restructuring

Introduction:

In the case of merger and demerger, two dates are crucial, the “Appointed Date” and secondly the “Effective Date”. Corporate managers spend a lot of time to plan the exact timing of these dates. ‘Appointed Date’ is normally arranged to secure the interests & objects of the respective companies. And ‘Effective Date’ is finalized by High Court depends on upon filing of a final order of High Court with Registrar of Companies.

Importance of ‘Appointed Date’ & ‘Effective Date’:

Any scheme of compromise or arrangement should identify a date in the scheme itself as ‘Appointed Date’. This ‘appointed date’ is crucial for arriving at values of assets and liabilities appearing in the books of Accounts both for the purpose of the transfer to the Transferee company and also for arriving at the value of shares for the transferor and transferee company viz. exchange ratio. Generally, the first day of a month or the first day of a financial year is identified as the ‘appointed date’, though the Court has the discretion to decide any date as ‘transfer date’.

The ‘Effective Date’ on the other hand is the date on which the transferee company files the order of the High Court sanctioning the scheme with the Registrar of Companies for registration and when the order has so filed the amalgamation or arrangement becomes effective or having come into force from the ‘Appointed date’. The effective date is subsequent date and the company has no control over it.

Issues regarding ‘Appointed Date’ & ‘Effective Date’ and their effects on Various Aspects of Restructuring:

1. Identification of Assets & Liabilities of Transferor Company:
As per the requirements of Section 391 to 394 of the Companies Act, 1956 the Transferor company should identify and quantify the assets and liabilities which are sought to be transferred to the transferee company under merger or demerger. This identification & quantification of assets and liabilities should be done as on Appointed Date.

The details of such assets & liabilities may be annexed as a schedule to the scheme. This identification gives certainty to the scheme, as members of both the companies get a clear idea about what is going to be transferred?

2. Changes in the name/status of the company after Appointed Date:
There could be some changes in name, address or status of the company after the appointed date. Normally such changes do not affect the sanction of the scheme before High Court unless they adversely affect the rights & interests or obligations of the company and/or its members and creditors.

3. Accounting Treatment:
Normally the Transferee Company should, upon the Scheme coming into effect on effective date record the assets and liabilities of the Transferor Company vested in it pursuant to the Scheme, at the fair values thereof at the close of business of the day immediately preceding the Appointed Date.

4. Increase in share capital & Appointed Date:
The shares are allotted only after the scheme is sanctioned by the court and not before. Further, the increase of authorised share capital is always upon sanctioning of the scheme. Hence any objection to the scheme on the ground that on appointed date the share capital of the Transferee Company was not sufficient to give effect to the scheme cannot be sustained.

5. Nature of Business:
From the Appointed Date and till the Effective Date transferor company should act as a trustee of a transferee company.

The Transferor Companies should carry on all their respective business and activities and should be deemed to have held or stood possessed of and should hold and stand possessed all the said Assets for and on account of and in trust for the Transferee Company.

All the profits or income accruing or arising to the Transferor Companies or expenditure or losses arising or incurred by the Transferor Companies should for all purposes be treated and accrued as the profits and income or expenditure or losses of the Transferee Company, as the case may be.

The Transferor Companies should carry on their respective business activities with reasonable diligence, business prudence and should not alienate, charge, mortgage, encumber or otherwise deal with the said assets or any part thereof except in the ordinary course of business or pursuant to any pre-existing obligation undertaken by the Transferor Companies prior to the Appointed Date except with prior written consent of the Transferee Company.

The Transferor Companies should not, without prior written consent of the Transferee Company, undertake any new business.

The Transferor Companies should not, without prior written consent of the Transferee Company, take any major policy decisions in respect of the management of the Company and for the business of the Company and should not change their present capital structure.

6. Employee Transfer:
Normally in any merger/amalgamation, all employees of the Transferor Company in service on the Effective Date could become employees of the Transferee Company on such date without any break or interruption in service and on terms and conditions not less favorable than those subsisting with reference to the Transferor Company as on the effective date. The main object of transfer of any undertaking under the scheme is to see the continuance of business, at that undertaking, under the control of Transferee Company. So the transferor company should arrange to maintain the cadre and number in service on the effective date who are willing to get transferred to the transferee company

7. Declaration of Dividend: Transferee Company
Dividend declared by the transferee company, after the Appointed Date, is payable to members of the transferor company also. And this does not violate the provisions of section 205 of Companies Act, 1956. While it is true that unless court sanctions the scheme, it would not become effective, but once the court accords its sanction, it would become effective from the Appointed Date. So the shareholders of Transferor Company become shareholders of Transferee Company from ‘Appointed Date’ itself. Hence they are entitled to any dividend declared by Transferee Company after ‘Appointed Date’.

Record Date:

As this is a sensitive issue to the shareholders, any ambiguity in this regard could be avoided by providing a clause in the Scheme stating that the transferor company’s shareholders should be entitled to such dividend, rights and other benefits as and from ‘Record Date’ to be fixed by the Board of transferee company upon scheme becoming effective as per the court sanction..

8. Dividend, Profit And Bonus/Rights Shares: Transferor Company
The Transferor Company should not without the prior written consent of the Transferee Company declare any dividend, whether interim or final, for the financial year ending on or after the Appointed Date and subsequent financial years.

The Transferor Company should not issue or allot any Bonus Shares or Right Bonus Shares out of it’s Authorised or unissued Share Capital on or after the Appointed Date.

Normally, the profits of the Transferor Company from the appointed date should belong to and be the profits of the Transferee Company and will be available to the Transferee Company for being disposed of in any manner as it thinks fit.

The Transferor Company should not, except with the written consent of the Board of Directors of the Transferee Company, alter its paid up capital structure by making a preferential allotment of shares or otherwise, once the Scheme is approved by the Board of Directors of the Transferee Company.

9. Tax Liability:
The basic principle behind deciding cut-off dates for direct or indirect tax liability can be explained as under,

For day to day activities, the liability shifts only upon effective date and for any other activity such as annual assessment etc., the cut-off date will be appointed date.

10. Indirect Tax Implications:
Indirect taxes are generally levied upon activities like services, manufacturing/production of goods, a sale of goods etc. After the ‘appointed date’; though these activities are concerned with ‘transferred undertaking’, their ultimate effect on financial position will normally be shown in the books of account of Transferee Company only after the effective date. So for an indirect taxes cut-off date is ‘Effective date’. Till effective date, Transferor Company is liable to pay the indirect taxes if any.

Sales Tax Deferral Scheme:

Where the transferor company which was enjoying a deferral scheme, transferred as a unit the whole business without obtaining prior permission from the prescribed authority, the transferee is not entitled to continuation of deferral. As such deferral schemes are created for specific areas or for specific industries with certain pre-conditions so it is necessary that prior approval from the concerned authority may be obtained. Further for a continuance of such deferral scheme the transferee company should fulfill all the requirements for such continuance.

1. Excise Duty:
On amalgamation, on effective date Transferee Company takes over the manufacturing activity of Transferor Company and therefore, the transferor company has to surrender its registration under Excise Rules. Further Transferee Company is required to apply and obtain fresh registration of the premises for carrying on manufacturing activity. On sanction of a scheme, any credit on inputs availed by the transferee company on or after Appointed Date, which may be either lying in stock or may be contained in the work in progress. On sanction of a scheme, such credit is also to be transferred to the transferee company. Such transfer of credit is allowed only if the stock of inputs or work in progress is also transferred along with the factory to the new site or new ownership. The basic condition is that the manufacturing unit remains intact and continues to manufacture the same goods with the very same inputs.

2. Liability for evasion of Excise Duty:
Normally the liability for penalties would remain the liability of those who committed the offense as a manufacturer and cannot be transferred in law to a successor. So any liability for evasion of Excise Duty after Appointed Date and till Effective Date should be discharged by the manufacturer under the control of Transferor Company.

3. Re- assessment and refilling of assessment:
During the intervening period from Appointed Date to Effective Date, both transferor & transferee company would have filed various declarations for prices and classifications, assessment of tax liabilities, claimed exemptions and so on as independent entities. These declarations may not remain so on scheme becoming effective. The Supreme Court in the case of Marshall Sons & Co. (India) Ltd. vs. ITO (1997 [223] ITR 809) has held that the date of amalgamation/transfer is the date specified in the scheme or the date specified by the Courts. Therefore, as soon as the formalities are completed, the transfer becomes effective and related back to the date of transfer specified by the parties/court. A logical corollary of this is that the activities of both the entities would be clubbed effective from that date and as a result, there may be a change in facts. Hence these earlier declarations would have to be re-determined.

Though it is not legally binding on the companies, the concerned departments should be informed about such proposed Arrangement or Amalgamation well in advance. In the event of omission of such notice of amalgamation, the department may allege the company for suppression of facts with an intention to evade duty and invoke extended period of five years for assessment.

4. Income Tax Issues:
Quite often on the basis of the ‘appointed date’ the rights and liabilities of the transferor and transferee are segregated. This date is the date on which the merger takes place for the purposes of the Income Tax Act. So while computing assessment of Income Tax cut-off date is ‘appointed date’. So till effective date ‘TDS’ is the responsibility of Transferor Company.

The decision in Union of India v. Ambalal Sarabhai (55 Comp. Cas. 623) clearly illustrates the significance of the ‘appointed date’ of the merger. In this case, the appointed date in the original scheme of amalgamation of two companies was July 1, 1981. Under the modified scheme the appointed date was shifted to April 1, 1980, which was also the first day of the accounting year of the transferor company. The IT department objected to the scheme on the ground that by shifting the date the transferee company was seeking to set-off, by circumventing the provisions of S.72A, the losses of the transferor company for the accounting year 1980-81 against the profits of the transferee company. The High Court, dismissing the objections of the Income Tax department, held that, “It is true that incidentally as a result of shifting the date, the transferee company will get the advantage of setting off the loss but that could hardly be considered good or sufficient ground for refusing to sanction the modified scheme. When the transferee company is taking over liabilities along with the assets of the transferor company there is nothing if the transferee company evolves a scheme so as to take as much advantage as possible as may be permissible according to law.”

So the companies should consider their objectives from the scheme and then decide the actual date on which the merger should take effect.

5. Stamp Duty Assessment:
As in other cases of conveyance, the duty is levied on the basis of true market value on the date of execution of the instrument. But in the cases of merger/amalgamation of listed company stamp duty is levied with reference to the market value of shares on appointed date. For unlisted companies, it may be either appointed date as mentioned in the scheme or date of an order of high court or date of registration of the order.

Though market value as on appointed date is to be referred for assessment of duty, the companies may rely on the Supreme Court’s judgment in Marshall case and may ask for the values as on date of valuation which may be much after appointed date. The companies may also argue and refer to the effective date to claim more depreciation especially in the market value of the immovable properties.

The companies should adopt the appropriate date which will give a more beneficial assessment of duty.

Conclusion:

The companies are free to decide any ‘Appointed Date’ for their schemes. As this ‘appointed date’ acts as a cut-off date for many aspects of merger/demerger, more emphasis should be given on this before finalizing any scheme. So any error in finalizing ‘Appointed Date’ may affect adversely to the interests of Company and its shareholders. At the same time judicious selection of ‘Appointed Date’ may create more value by minimizing Tax liability, resolving employee’s issues and bringing certainty towards the asset-liability structure of transferee company after the merger/demerger. It also helps to observe selective pick & drop option for any distribution of dividend or bonus shares to the shareholders. So from this, we may conclude that ‘Appointed Date’ if selected wisely may ensure successful M & A, at the same time any error in selecting appropriate ‘Appointed Date’ may ruin an otherwise sound merger deal.

The Importance Of Choosing A Reliable Chinese Dating Site On Valentine Day

The Importance Of Choosing A Reliable Chinese Dating Site On Valentine Day

Valentine day is the time when the feelings of love and romance fill all hearts with joy and excitement. While numerous people celebrate the occasion in the company of their beloveds, those who are still single consider it the best occasion to search for their soul mate. With the popularity of Chinese girls as the perfect life mates growing around the globe, it is only natural for most men to initiate their online relationships on this day. However, in the midst of all the festivities and joys, people generally tend to forget the fact that it is also an occasion when the online scammers and cheaters are most active, making it even more imperative to choose a reliable Chinese dating website.

Among the various types of online dating communities Chinese dating has been recognized as not only the most popular but also the most preferred platform for online dating. Although, this has helped numerous men from the west to find their ideal Chinese life mate, it has also attracted the attention of online villains. Given the fact that people tend to be a bit careless on an occasion like Valentine day, such online criminals have a field day. Unfortunately, so many dating sites have neither the technology nor the intention of checking the activities of such people and hence people using such sites run a great risk of losing much more than their money.

Using reliable and trustworthy Chinese dating sites not only ensures greater safety but also helps the members meet people who are genuinely interested in a lasting relationship. Such sites generally enforce stricter policies and regulations on occasions such as Valentine day so as to keep the activities of online cheaters under check. Moreover, they also tend to constantly monitor the activities of the members on this day in order to remain well informed about whether or not they have honest intentions and attitude.

Are you looking for a genuine website for dating Chinese girls online?www.OnlineChineseDating.com helps you find reliable dating sites by providing honest reviews about various online Chinese dating websites. Coco Chen writes articles with online dating tips for great dating experience.
Chinese Dating – The Importance Of Horoscope In Chinese Culture

Chinese Dating – The Importance Of Horoscope In Chinese Culture

Among the numerous queries that western men using Chinese dating websites have to face from their online mates, the most common is perhaps the one about their horoscopes. Although most men are aware of the significance of astronomy in the lives of Chinese people, they are rarely aware of the vital role played by horoscopes in finding a perfect match. In fact, most men are also ignorant of the fact that the Chinese concept of creating a horoscope is entirely different form the western perception of the same. According to Chinese astrological principles, the positions of the planets as well as the exact time of birth of individuals are the deciding factors in shaping their destiny.
The Chinese horoscope is divided into twelve signs each of which is related to a specific animal. These include rabbit, ox, rat, snake, rooster, pig, dog, dragon, monkey, tiger, horse and ram. A particular sign is assigned to an individual after several considerations primary among which are the year, month, day and hour of the birth. It is believed that these factors define the unique personality of every individual and also help in understanding the various aspects of their life. It is these factors that are use by Chinese astrologers to check the compatibility between prospective couples and that is why once your Chinese girlfriend wants to take the relationship to the next level she will ask for the exact details of year, month, day and hour of your birth.
Chinese people in general have firm belief in the ability of learned and experienced astrologers to correctly predict the various events of their life after studying their horoscopes thoroughly. That is why it is customary for Chinese parents to send the horoscopes of the prospective bride and the groom to their family astrologer to not only learn about their level of compatibility but also the other aspects of their future life together, including love, finances, children etc., even for cross cultural couples who meet through Chinese dating sites.

Are you looking for a genuine website for dating Chinese men and women online? www.OnlineChineseDating.com helps you find reliable dating sites by providing honest reviews about various online Chinese dating websites. Coco Chen writes articles with online dating tips for great dating experience.

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Importance of CFD trading education

Importance of CFD trading education

A CFD does not have volatility premium or time value. It is just one for one equity swap. Like equity swap, CFDs are OTC, meaning the contracts can be customized as per the needs of the individual and exchange fee can also be avoided. However, selling may be difficult if one cannot find a seller for a CFD.

Before entering CFD trade, it is very important to understand them as for new CFD trades it can be daunting. There are various companies that offer CFD education to the new traders however, many a times this could be quite expensive. Before paying thousands to a CFD education provider, one should do some extensive research and go through various CFD ebooks available online. Consider paying to your CFD educator only after you have understood the fundamentals of CFD trading and are ready to take the next step.

One of the most important features to be considered while choosing the right CFD trading education is the feedback about the provider received from past graduates. This is crucial as there are some education providers that will ask huge amount for the study material that is available for free on internet.

A good educational package will provide you with details on as to how to manage risk, develop a trading plan and effectively distribute capital across forex, share and index CFDs. It is also important to implement your trading plan to ascertain that it is as per your lifestyle as trading should not become a burden in the long run.

After learning how to create a trading plan, it is crucial that you follow it. Lack of discipline is one of the common mistakes made by the new entrants which leads to trading mistakes.

There are many good CFD trading education materials available, however choosing the the right educational course offered by a reputed provider plays a very important role. Sometimes attending a trading expo or inquiring educational providers over phone can be helpful as this will help you to understand the authenticity of the provider.

Trading Lounge is an online trading, analysis and education service that offers services such as Day Trading-cfds like cfd trading,cfd trading education,cfd trading strategy.Trading Strategies, Technical Analysis, and How to Trade advice by a reputable and experienced trading coach. Tradinglounge.com.au was started by Peter Mathers in 1982 to meet the growing demand of accessible and sensible education in online trading.

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