CA IPCC Company Law Important Questions For Nov 2019 (Chapter Wise)

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CA IPCC Company Law Important Questions For November 2019 (Chapter Wise). In the previous articles, we have given CA IPCC Business Law and Ethics and Communication chapter wise important questions for November 2019 attempt. Today we are providing CA IPCC law most important questions for Nov 2019 attempt (सीए आई.पी.सी.सी कंपनी लॉ इम्पोर्टेन्ट प्रश्न). With only a few days left for the CA IPCC exam Nov 2019, students have very less time to cement their learnings and get well prepared to write the perfect exams. During these days before the exams, students should avoid studying anything new. They must focus on practising and revising what they have studied until now.

Moreover, they must go through the important topics and practice the questions related to those topics. This will help to fine-tune your preparations for the board exams. It’s very essential that students pick reliable study material and practice manual, which provide only important and meaningful stuff so that students are able to make an effective preparation for the exam.

IPCC law is an easy and scoring subject and good from exemption point of view too. Basically more than 40% paper has case studies and questions revolving around the Companies Act. That’s what I have witnessed in the question papers of the last 3–4 years. So start with Company law which covers 30 marks. Prepare it very well and try to solve more and more case study questions from anywhere you find such as practice manual, monthly journal, past question papers. You need to become perfect in answer writing skills as that’s what would get you more marks.

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CA IPCC Company Law Important Questions Nov 2019

Here we have provided all the important question of CA IPCC Group -I Company Law important guess questions. People who are preparing for the CA IPCC Nov 2019 Law Ethics and Communication exam can follow these questions for their exams preparation. If you don’t have time, here we have given all 4 marks important questions, 8 marks important questions and 16 marks important questions. So prepare all these short answers questions and long answers questions. Please have a look!

CLASSES OF COMPANIES

THEORY QUESTIONS:

  1. Explain the concept of One Person Company (OPC)
  2. Explain what is (1) Government Company (2) F Objects (4) Dormant Company (5) Nidhi Company.

PROMOTION & INCORPORATION OF A COMPANY

THEORY QUESTIONS:

  1. Who shall be considered as a promoter according to the definition given in the Companies Act, 2013? Explain?
  2. Which documents are required to be filed with the ROC at the time of registration of a company under the provisions of the Companies Act, 2013?
  3. Can a “Non-profit organization be registered as a company under the Companies Act? If so, what procedure does it have to adopt? Explain Provisions relating to Revocation of License granted U/s 8.

MEMORANDUM & ARTICLES OF ASSOCIATION

THEORY QUESTIONS:

  1. Explain the Requirements for reservation of the name of the company.
  2. Explain the procedure for change of name of a company as per the Companies Act, 2013. [Sec 13(2)]
  3. Explain the procedure for rectification of name of the company. (Sec 16).
  4. Explain the procedure for shifting of registered office from the jurisdiction of one Registrar to the other Registrar within the same state.
  5. Explain the provisions of law and procedure relating to Alteration of Objects clause” of MOA of a company under the Companies Act, 2013.
  6. Explain the limitations relating to the alteration of AOA of a company.
  7. Explain the concept of the Doctrine of Constructive Notice.
  8. The Doctrine of Indoor Management always protects the persons (outsiders) dealing with a “company.” Explain the given statement and also state the exceptions to the above rule.
  9. Explain the Binding Effects of Memorandum and Articles of a company.

PROSPECTUS

THEORY QUESTIONS:

  1. Explain the meaning, role and significance of the Prospectus.
  2. State the conditions where under the issuing of the prospectus is not necessary under the Provisions of the Companies Act, 2013.
  3. What is the procedure for variation in terms of contractor objects in prospectus and requirements that need to be complied with?
  4. What is meant by “Abridged Prospectus”? Is it necessary to furnish the abridged form of prospectus along with the application form for shares? Under what circumstances an abridged prospectus need not accompany the detailed information regarding prospectus along with the application form?
  5. The document containing an offer of securities for sale to be deemed prospectus. Comment. [Sec.25]
  6. Explain the concept of “Shelf Prospectus” in the light of Companies Act, 2013. What is the law relating to issuing and filing of such prospectus?
  7. What is meant by ‘Red-herring prospectus? State the circumstances under which such prospectus is required to be filed with the ROC. What is the requirement relating to filing of the final prospectus in such cases?
  8. What are the liabilities for Misstatements in Prospectus?
  9. Who is an expert? When is he liable for any mis-statement in the prospectus? When is he not liable?
  10. What is the private placement of securities and state the conditions for issue of the private placement of securities?

ALLOTMENT OF SECURITIES & UNDERWRITING

THEORY QUESTIONS:

  1. When is an Allotment of Shares treated as irregular allotment? State the effects of an irregular allotment.
  2. Define the term underwriting and state the circumstances in which underwriting commission can be paid as per provisions of sec 40 of Companies Act 2013.
  3. What is a Depository receipt? Discuss the provisions of the Companies Act, 2013 and rules relating to the issue of Global Depository Receipts (GDR) by an Indian Company.

DEPOSITS

THEORY QUESTIONS:

  1. Explain the provisions relating to acceptance of deposits from Members as per the Companies Act, 2013?
  2. Discuss the provisions of the Companies Act, 2013 with respect to the acceptance of deposits from public by certain companies (i.e. Eligible Public Companies) having high net worth or high turnover as may be prescribed [Sec 76],

MEMBERSHIP

THEORY QUESTIONS:

  1. When membership ceases?
  2. Explain the position of a minor in relation to obtaining membership in a company.
  3. Can a public limited company become a member of another public limited company? Comment?
  4. Discuss the provisions of the Companies Act, 2013 relating to the closure of its register of members and related rules made thereunder.
  5. Discuss the provisions of the Companies Act relating to “Preservation of register of members”.
  6. Is a person, holding Preference shares in a Company, deemed to be a member of that Company?

SHARE CAPITAL

THEORY QUESTIONS:

  1. What are the conditions that need to be satisfied with the issue of Equity shares with differential rights?
  2. Write about “issue of shares at a premium”.
  3. Write the provisions regarding the “issue of shares at a discount” under the Companies Act, 2013. (Sec 53).
  4. What is meant by sweat equity shares? What are the conditions to be fulfilled by a company proposing to issue sweat equity shares? (Sec 54)
  5. What are the provisions relating to voting rights of members?
  6. Explain the concept of Alteration of “Capital Clause”.
  7. What are the provisions regulating the further issue of shares under the Companies Act, 2013 (or) Pre – empty right.
  8. Issue of further shares to persons other than existing Equity Shareholders.
  9. “Diminution of capital does not constitute a reduction of capital within the provisions of the Companies Act, 2013,” State in what respect they differ from each other.
  10. Can a company purchase its own shares? Can a company give loan or financial assistance to purchase its own shares?
  11. State the sources of funds that can be utilized by the company for purchasing its own shares and requirements to be complied with before and after the shares are so purchased.

CALLS & FORFEITURE/SURRENDER OF SHARES

THEORY QUESTIONS:

  1. Write the provisions of Payment of calls in advance?
  2. What conditions as required under the Companies Act, 2013 must be satisfied by a company for the forfeiture of shares of a member, who has defaulted the payment of calls? What are the consequences of such forfeiture?
  3. Write the provisions of Payment of calls in advance?

TRANSFER & TRANSMISSION OF SHARES

THEORY QUESTIONS:

  1. What is transfer? State the procedure for transfer of shares?
  2. Discuss the provisions relating to Refusal to the registration of transfer/transmission of securities.
  3. What is blank transfer?
  4. what is forged transfer?
  5. Write about the nomination facility in respect of shares [Sec 72]?

DEBENTURES

THEORY QUESTIONS:

  1. Discuss the manner in which a company may issue debentures according to the provisions of the Companies Act, 2013.
  2. Elaborately discuss the provisions relating to debenture trustee under the Companies Act, 2013?
  3. Write the rules relating to the duty of the company to create a debenture redemption reserve [DRR].

CHARGE

THEORY QUESTIONS:

  1. Explain the procedure as to registration of charges?
  2. a Company made default in providing particulars of a charge created on the assets of the company filing with the ROC. Explain the provisions with regard to the condonation of such delay by ROC.
  3. Explain briefly the provisions relating to “Modification of charge”.
  4. Explain briefly the provisions relating to “Satisfaction of charge”.

GENERAL  MEETINGS -I

THEORY QUESTIONS:

  1. Explain the provisions of the Act, with regard to holding of an Annual General Meeting (AGM) by a Company.
  2. What are the provisions of the Companies Act, 2013 relating to service of notice of a meeting?
  3. When is an explanatory statement required to be annexed to the notice calling the GM of a Company? Also, discuss the provisions relating to the explanatory statement.

GENERAL  MEETINGS -II

THEORY QUESTIONS:

  1. Write about “Resolution requiring special notice”. Discuss the rules relating to serving of special notice to the Company by members.
  2. What are the statutory provisions as regards to a quorum for calling general meetings?
  3. What is the meaning of ‘Proxy’? Discuss the law related to the proxy in brief.
  4. Discuss the Contents of Minutes of the proceedings of meetings under the Companies Act, 2013 and rules made thereunder.
  5. What are the provisions of the Companies Act, 2013 relating to ‘inspection’ of minute-books of a General Meeting?

MISCELLANEOUS MATTERS IN COMPANY LAW

  1. Explain the Objective and Scope of MCA 21 Project.
  2. What is “Annual Return”? Discuss the provisions of the Companies Act, 2013 relating to the same. [Sec. 92].

Company law (Practical)

Here we have given the CA IPCC Company Law Practical Questions. The below-given Questions are the Guess questions for Company Law exam. Here we have given CA IPCC Company Law Expected Questions related on 4 Marks, 8 Marks and 16 Marks. Please Have a Look!

COMPANY BASIC CONCEPTS

PRACTICAL QUESTIONS:

  1. Some of the creditors of M/s Get Rich Quick Ltd. have complained that the company was formed by the promoters only to defraud the creditors and circumvent the compliance of legal provisions of the Companies Act, 2013. In this context, they seek your advice as to the meaning of the corporate veil and when the promoters can be made personally liable for the debts of the company.
  2. F, an assessee, was a wealthy man earning huge income by way of dividend and interest. He formed 3 private companies and agreed with each to hold a block of investment as an agent for them. The dividend and interest income received by the companies was handed back to F as a pretended loan. This way, F divided his income into three parts in a bid to reduce his tax liability. Decide, for what purpose the three companies were established? Whether the legal personality of all the 3 companies may be disregarded or not?
  3. ABC Pvt. Ltd. is a Private Company having five members only. All the members of the company were going by car to Mumbai in relation to some business. An accident took place and all of them died. Answer with reasons, under the Companies Act, 2013 whether the existence of the company has also come to the end?

CLASSES OF COMPANIES

  1. The paid-up Share Capital of AVS Private Limited is Rs 1 crore, consisting of 8 lacs Equity Shares of Rs 10 each, fully paid-up and 2 lacs Cumulative Preference Shares of Rs 10 each, fully paid-up. XYZ Private Limited and BCL Private Limited are holding 3 lacs Equity Shares and 1,50,000 Equity Shares respectively in AVS Private Limited. XYZ Private Limited and BCL Private Limited are the subsidiaries of TSR Private Limited.

PROMOTION & INCORPORATION OF A COMPANY

  1. XYZ Co. Ltd. was in the process of incorporation. Promoters of the Company signed an agreement for the purchase of certain furniture for the Company and payment was to be made to the suppliers of furniture by the Company after incorporation. The Company was incorporated and the furniture was used by it. Shortly after incorporation, the Company went into liquidation and the debt could not be paid by the Company for the purchase of the above furniture. As a result, suppliers sued the promoters of the Company for the recovery of money. Examine whether promoters can be held liable for payment in the following cases: i) When the company has already adopted the contract after incorporation? ii) When the Company makes a fresh contract with the suppliers in terms of the pre-incorporation contract? On revocation of License granted by the CG u/s 8 of the Companies Act, 2013 the Company may continue to carry on the same Activities which were being carried on by it prior to such revocation.
  2. A Company was incorporated on 6th July 2014. The COI of the company was issued by the Registrar on 15th July 2014. The company on 10th July 2014 entered into a contract, which created its contractual liability. The company denies from the said liability on the ground that the company is not bound by the contract entered into prior to issuing of COI. Decide, under the provisions of the Companies Act, 1956, whether the company can be exempted from the said contractual liability.
  3. An association of 120 persons has been formed with the object of acquisition of gain. Now, due to internal mismanagement, the said association has applied for being wound up under the provisions of the Companies Act, 2013. Advice.
  4. V along with six other persons desires to float a company for charitable purposes, as permissible u/s 8 of the Companies Act, 2013. He seeks your advice about the procedure to be followed to give effect to the above proposal. Advise him.

MEMORANDUM & ARTICLES OF ASSOCIATION

  1. Advise “Asiatic Government Security Life insurance Companies Ltd” whether it can seek an injunction against ‘The New Asiatic Insurance Companies Ltd.’ Which was subsequently formed restraining it from having in its name the word ‘Asiatic’ on the ground that it has caused confusion and can deceive the public.
  2. The object clause of the MOA of LSR Private Ltd, Lucknow authorised it to do trading in fruits and vegetables. The company, however, entered into a Partnership with Mr J and traded in steel and incurred liabilities to Mr J. The Company, subsequently, refused to admit the liability to J on the ground that the deal was ‘Ultra Vires’ the Company. Examine the validity of the company’s refusal to admit the liability to J. Give reasons in support of your answer.
  3. A Company issued a bond under its common seal signed by 2 Directors. The Articles provided that the directors might borrow on bond such sums as they should be authorized by an “OR” of the Company. No such resolution was passed. Is the Company liable on the bond?
  4. The Secretary of a Company issued a share certificate to ‘A’ under the Company’s seal with his own signature and the signature of a Director forged by him. ‘A’ Borrowed money from B’ on the strength of this certificate. ‘B’ wanted to realise the security and requested the company to register him as a holder of the shares. Explain whether ‘B’ will succeed in getting the share registered in his name.
  5. The AOA of a Public Company clearly stated that Mr A will be the solicitor of the company in its GM of the shareholders resolved unanimously to appoint B in place of A as the solicitor of the company by altering the AOA. Examine, whether the company can do so? State the reasons clearly.
  6. RSP Limited, with the limited liability of its members by the guarantee of Rs.10 lakh to each member. The company increases the liability of the members from Rs.10 to 15 lakh by an alteration made in the liability clause of the

PROSPECTUS

  1. An allottee of shares in the Company brought an action the prospectus. The director contended that the statements were prepared by them. Is the director liable under the circumstances? Decide reference to the provisions of the Companies Act 2013
  2. A company issued a prospectus. All statements in a prospectus issued by X & Co. Ltd. were literally true, but it failed to disclose that the dividends stated in it as paid were not paid out of revenue profits, but out of realized capital profits. The statement that the Company had paid dividends for a number of years was true. But the Company had incurred losses for all those years, however, no disclosure of this was made in the prospectus. An allottee of shares wanted to avoid the allotment on the ground that the prospectus did not disclose this fact which, in his opinion, was very material. Would he succeed?
  3. Peek Ltd. The company issued and published its prospectus to invite investors to purchase its shares. The said prospectus contained a false statement. Mr X purchased some partly paid shares of the company in good faith on the stock exchange. Subsequently, the company was wound up and the name of Mr.X was in the list of contributors. Decide:

i) Whether Mr.X is liable to pay the unpaid amount?

ii) Can Mr.X sue the directors of the company to recover damages?

ALLOTMENT OF SECURITIES & UNDERWRITING

  1. After receiving 80% of the minimum subscription as stated in the prospectus, a Company allotted 100 equity shares in favour of ‘X’. The Company deposited the said amount in the bank but withdrew 50% of the amount, before finalisation of the allotment, for the purchase of certain assets. X refuses to accept the allotment of shares on the ground that the allotment is violative of the provisions of the Companies Act, 2013. Comment.
  2. The BOD of a Company decides to pay 5% of issue price as underwriting commission to the underwriters. The Articles of Association of the Company permit only 3% commission. The BOD further decides to pay the commission out of the proceeds of the share capital. Are the decisions taken by the BOD valid under the Companies Act, 2013?

DEPOSITS

  1. Is a person, holding Preference shares in a Company, deemed to be a member of that Company?

MEMBERSHIP

  1. RSP Limited allotted 500 fully paid-up shares of Rs. l00 each to Z, a minor, in response to his application without knowing that he was a minor and entered his name in the Register of Members. Later on, the company came to know of this fact. The company cancelled the allotment and struck-off his name from the Register of Members and also forfeited his entire share money Z filed a suit against the action of the company. Decide whether Z would be given any relief by the court under the provisions of the Companies Act, 2013.
  2. A company issued 20 partly paid equity shares and registered them is the name of a minor describing him as minor. The father of the minor signed the application on the minor’s behalf. After some time the company went into liquidation. The company filed a suit against the father of the minor to recover the remaining amount on the shares. Whether the company will succeed? Advice.

SHARE CAPITAL

  1. J held 100 partly paid-up shares of LKM Limited. The company asked him to pay the final call money on the shares. Due to some unavoidable circumstances, he was unable to pay the amount of call money to the company. At a general meeting of the shareholders, the chairman disallowed him to cast his vote on the ground that the articles do not permit a shareholder to vote if he has not paid the calls on the shares held by him. J contested the decision of the Chairman. Referring to the provisions of the Companies Act, 2013 decide whether the contention of J is valid.
  2. ABC Ltd. has not given a dividend to its preference shareholders. In this regard state the rights of preference shareholders and non-cumulative Preference Shareholders on the dividend.
  3. VRS Company Ltd. is holding 45% of the total equity shares in SV Company Ltd. The BOD of SV Company Ltd. (incorporated on January 1, 2014) decided to raise the share capital by issuing further Equity shares. The BOD resolved not to offer any shares to VRS Company Ltd., on the ground that it was already holding a high % of the total number of shares already issued, in SV Company Ltd. The Articles of Association of SV Company Ltd. provides that the new shares be offered to the existing shareholders of the company. On March 1, 2014, new shares were offered to all the shareholders except VRS Company Ltd. Referring to the provisions of the Co-Act, 2013 examine the validity of the decision of the BOD of SV Company Limited of not offering any further shares to VRS Company Limited.
  4. The BOD of XYZ Private Limited, a subsidiary of SRN Limited, decides to grant a loan of Rs 2.00 lac to P, the Finance Manager of the company getting the salary of Rs.30,000 per month, to buy 400 partly paid-up equity shares of Rs.1,000 each of XYZ Limited. Examine the validity of Shard’s decision with reference to the provisions of the Companies Act, 2013.
  5. Ramesh, who is a resident of New Delhi, sent a transmitted, for registration of transfer of shares to the company at the address of its Registered Office in Mumbai did not receive the shares certificates even after the expiry of 4 months from the date of dispatch of the transfer deed. He lodged a criminal complaint in the Court at New Delhi. Decide, under the provisions of the Companies Act, 2013, whether the Court at New Delhi is competent to take action in the said matter?

CALLS & FORFEITURE/SURRENDER OF SHARES

Moon Star Ltd” is authorised by its articles to accept the whole or any part of the amount of remaining unpaid calls from any member although no part of that amount has been called up. Mr. ‘A’, a shareholder of the Moon Star Ltd., deposits in advance the remaining amount due on his shares without any calls made by “Moon star Ltd”.

Referring to the provisions of the Companies Act, 2013, state the rights and liabilities of Mr A, which will arise on the payment of calls made in advance.

TRANSFER & TRANSMISSION OF SHARES

Ramesh, who is a resident of Delhi, sent a transfer deed, for registration of transfer of shares to the company at the address of its registered office in Mumbai. He did not receive the share certificates even after the expiry of one month from the date of dispatch of the transfer deed. He lodged a criminal complaint in the court at Delhi. Decide whether the court at Delhi is competent to take action in the said matter?

  1. ‘V’ the transferee, acquired 300 equity shares of ABC Limited from Mr, ‘S’, the transferor. But the signature of Mr. ‘S’, the transferor, on the transfer deed was forged. Mr. ‘V’ after getting the shares registered by the company in his name, sold 250 equity shares to Mr. ‘X’ on the basis of the share certificate issued by ABC Limited. Mr. ‘V’ and ‘X’ were not aware of the forgery. State the rights of Mr.’S’, ‘V’ and ‘X’ against the company with reference to the aforesaid shares.
  2. X, a registered shareholder of Y Limited left his share certificates with his broker. The broker forged the transfer deed in favour of Z and lodged the transfer deed alongwith the share certificates with the company for registration. The Company Secretary, who had certain doubts, wrote to X informing him of the proposed transfer and in the absence of a reply from him (X), within the stipulated time, registered the transfer of shares in the name of Z. Subsequently, Z sold the shares to J and J’s name was placed in the register of shareholders. Later on, X discovered that forgery has taken place.

Referring to the provisions of the Companies Act, 2013, state the remedy available to X and Z in the given case. Explain.

DEBENTURES

  1. Issue of debentures with voting is not permissible
  2. Whether the following can be appointed as “Debentures Trustee”
  • A shareholder who has no beneficial interest
  • A creditor whom Company owes Rs 499 only.
  • A person who has given a guarantee of  repayment of the number of debentures issued by the Company

CHARGE

  1. Antriksh entered into an agreement for purchasing a commercial property in delhi belonging to NRT Ltd. At the time of registration, Mr Antriksh comes to know that the title deed of the company is not free and the company expresses its inability to get the title deed transferred in the name of Mr Antriksh saying that he ought to have had the knowledge of charge created on the property of the company. Explain with the help of ‘Notice of a charge’, Whether the contention of NRT Ltd. is correct?
  2. ABC Limited realised on 2nd May 2017 that particulars of charge created on 12th March 2017 in favour of a Bank were not filed with the ROC for Registration, what procedure should the Company follow to get the charge registered with the ROC?

Would the procedure be different if the charge was created on 12th Feb 2017 instead of 12th Mar 2017? Explain with reference to the relevant provisions of the Companies Act, 2013.

GENERAL MEETINGS – I

  1. MR Company Limited could not hold its first AGM within 9 months from the close of the financial year. The BOD of the Company by a resolution decide not to call first AGM at all on the ground that most of the directors were outside India on a business trip and since the Company was under gestation period it would cost the Company heavily. Referring to provisions of the Act, examine whether:
  2. The BOD decision is legally justified.
  3. What course of Action is open to the company if one of the members writes to the company for holding the meeting through the statutory time limit is over.
  1. To remove the MD, 40% of members of Global Ltd. submitted a requisition for holding EGM. The company failed to call the said meeting and hence the requisitionists held the meeting. Since the MD did not allow the holding of meeting at the registered office of the Company, the said meeting was held at some other place and a resolution for removal of the MD was passed. Examine the validity of the said meeting and resolution passed therein in the light of the companies Act, 2013.

  2. STD Ltd. convened its BOD meetings on 1st Aug 2016. During the course of the meeting, the date for calling AGM was discussed but no decision could be taken on it in the meeting. However, the Secretary of the company issued the notice for calling the AGM of the shareholders without taking any authority from the BOD. State who is the proper authority to issue the notice for calling the AGM and to whom such notice is to be given.

  3. Mr DP, Secretary, of City Handicrafts Ltd. called an EGM of the company on the requisition of some members. Mr DP, Secretary of the Company, issued a notice of the meeting without the authority of the BOD. Discuss the validity of the notice issued by Mr DP, Secretary of the city Handicrafts Ltd.

  4. The date of approval of financial statements by the BOD of KMP Ltd. is 17th July 2016 and the date of notice of AGM is 25th August 2016. Accountant of KMP Ltd. has advised that the time gap between the date of approval of financial statements by BOD and the date of notice of AGM should be 45 days. The directors have approached you to advise them regarding the same in view of the provisions of Companies Act, 2013.

  5. All ordinary business are required to be transacted by ‘OR’ and all special businesses are required to be transacted by ‘SR’.

  6. A Company served a notice of GM upon its>members. The notice stated that a resolution to increase the share capital of the Company would be considered at such Meeting. A shareholder complains that the amount of the proposed increase was not specified in the notice. Is the notice valid?

  7. M.H. Company Limited served a notice of GM upon its shareholders. The notice stated that the issue of sweat equity shares would be considered at such meeting. Mr. ‘A’, a shareholder of the M.H. Company Limited complains that the issue of sweat equity shares was not specified fully in the notice. Is the notice issued by M.H. Company Limited regarding the issue of sweat equity shares valid under the provisions of Companies Act, 2013? Explain in detail.

GENERAL MEETING – II

  1. The AOA of X Ltd., require the personal presence of six members to constitute of GM. The following persons were present at the time of commencement of an EGM to consider the appointment of ‘MD’
  1. G. the representative of Governor of Gujarat
  2. A and Mr B shareholders of Preference shares.
  3. L., representing M Ltd N Ltd and X Ltd.
  4. Mr P, Mr Q, Mr R and Mr S who were proxies of shareholders Can it be said that quorum was present? Discuss.
  1. The quorum for a GM of a public company is 15 members personally present as per AOA of the company. Examine with reference to the provisions of the Companies Act, 2013 whether there is a proper quorum at a GM of the company which was attended by the following persons.
  • 13 members personally present,
  • 2 members represented by proxies who are not members of the company.
  • One person representing two member companies.
  1. If the GM is adjourned for want of Quorum, then in case of a change in the day, time, place of the adjourned meeting, the company is required to give not less than 7 days of notice to the members individually or by press announcement. Comment whether the given statements are correct or incorrect as per the Companies Act, 2013:
  2. Mr s, a shareholder, after duly appointing Mr.P as his proxy for a meeting, himself attended the meeting and voted on a resolution. Mr.P thereafter claimed to exercise his vote. Examine his claim.
  3. Examine the validity of the following decisions of the BOD with reference to the provisions of the Companies Act, 2013
  • i) In an AGM of a company having a share capital, 80 members present in person or by proxy holding more than l/10th of the total voting power, demanded a poll. The chairman of the meeting rejected the request on the ground that only the members present in person can demand the poll.
  • ii) In an AGM, during the process of the poll, the members who earlier demanded poll want to withdraw it. The chairman of the meeting rejected the request ofr^he ground that once poll started, it cannot be withdrawn.
  1. The Minutes of the Meeting must contain a fair and correct summary of the proceedings thereat. Can the chairman direct exclusion of any matter from the Minutes. Some of the shareholders insist on the inclusion of certain matters which are regarded as defamatory a director of the company. The Chairman declines to do so. State how the matter can be resolved.

  2. The BOD of Alltronix Ltd has passed a resolution to the effect that no Member who is indulging in the activity detrimental to the interest of the company be permitted to examine the records or obtain certified copies thereof. A member of the company whirls also the Member of the rival association demands inspection of the Register of Members and minutes of GM and Certified True Copies thereof. The Company refuses the inspection, etc. on the strength of the resolution referred to above.

Examine the correctness of the refusal by the company, under the Companies Act, 2013 and the remedial action, if any that can be taken by the aggrieved Member in this case.

MISCELLANEOUS MATTERS IN COMPANY LAW

  1. The XYZ Traders Association was constituted by 4 joint Hindu families consisting of 60 major and 10 minors members. The Association was carrying on the business of trading as retailers with the object for the acquisition of gains. The Association was not registered as a Company under the Companies Act, 2013 or any other law. State whether the XYZ Traders Association is having any legal status?

Will there be any change in the status of this Association if the members of the XYZ Traders Association subsequently were reduced to 40?

We hope with the help of this article, now you know the what are the important topics in CA IPCC company law for Nov 2019 (सीए आई.पी.सी.सी कंपनी लॉ इम्पोर्टेन्ट प्रश्न) attempt. People who are searching for the CA IPCC company law important questions for CA exam can utilize these questions for their exam preparation. Students should understand that it is not recommended to skip some topics and read only a few important ones. Try to cover entire IPCC syllabus and that’s what ICAI expects from you and even IPCC question papers are based on that. These important questions are for those students who don’t prepare well for the exam and try to get at least 40 marks. So don’t depend on these questions if you have so much time for the exams. If you have any doubts the comment below. We will try to help you. And don’t forget to share this article with your friends who are going to write CA IPCC exams in November 2019.

1 Comment
  1. Sai Kiran says

    It’s enough to qualify for ca IPCC Nov 2019 please reply

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