2015 (July)
COMMERCE
Paper: 205
(Company Law)
Full Marks: 90
Time: 3 hours
The figures in the margin indicate full marks for the questions
1. Answer as directed: 1x9=9
- On which of the following dates the Companies Act, 1956, come into force?
- 31st March, 1956.
- 1st April, 1956.
- 31st March, 1957.
- 1st April 1957.
- Yes.
- No.
- The Capital with which the company is registered is called –
- Subscribed capital.
- Authorised capital.
- Working capital.
- None of these.
- For which of the following companies it is not obligatory to have Articles of Association?
- Companies limited by shares.
- Companies limited by guarantee.
- Private limited companies.
- Unlimited companies.
- A share certificate is a negotiable instrument as the shares of companies are freely transferable.
- True.
- False.
- If the particulars of charge are not field with Registrar of Companies within the prescribed period of 30 days, then the Registrar may allow the additional period of –
- 7 days.
- 21 days.
- 30 days.
- 60 days.
- Every company (public or private) is required to hold an Annual General Meeting.
- True.
- False.
- A director appointed to fill-up a casual vacancy will hold office –
- Years from the date of appointment.
- Years from the date of appointment.
- The date which the person in whose place he is appointed would have held the office.
- It is obligatory to file with the Registrar, a copy of Prospectus, before it is being issued to the public.
- True.
- False.
2. Write short notes on: 4x4=16
- Incorporation of company.
- Voting rights of shareholders.
- Register of members.
- Statutory meeting.
3. (a) What is Memorandum of Association? Explain briefly the important clauses of Memorandum of Association. 4+9=13
Or
(b) Discuss in brief the various kinds of Companies established under the Companies Act. 13
4. (a) Explain how a company can issue shares at a premium and at a discount as per Company Law. 6+7=13
Or
(b) State the procedure of transfer of shares under the Companies Act, 1956. 13
5. (a) Explain the legal provisions relating to registration of charges. What is the effect of non-registration of charges? 10+3=13
Or
(b) What charge must be registered with Registrar of Companies? Write a note on Certificate of Registration of Charges. 7+6=13
6. (a) What are the conditions to be fulfilled before a company can commence its business? Which new condition has been inserted by the Companies Amendment Act, 1956, for the commencement of the business by a company? 8+5=13
Or
(b) Explain the legal provisions of the Companies Act, 1956, regarding the holding of Annual General Meeting. What is the significance of Annual General Meeting? 9+4=13
7. (a) Explain how the office of a director is filled in case of a casual vacancy and for what period. State the number of companies, a person can accept the post of directorship. 7+6=13
Or
(b) Mention the statutory provisions of the Companies Act, relating to appointment of a Managing Director of a company. Who cannot be appointed as Managing Director?