2016 (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
- Which of the following statements in correct:
- The Companies Act, 1956, extends to all the states of India.
- The Companies Act, 1956, extends to all the states of India, except Jammu and Kashmir.
- The Registered-Office clause of Memorandum of Association contains –
- The name of the state in which the registered office of the company is to situate.
- The name of the Registrar of Companies.
- The complete postal address.
- Can a public company issue any other type of shares except ordinary and preference shares?
- Yes.
- No.
- Which of the following statements is not correct?
- A share-warrant is a negotiable instrument.
- A share-warrant is not a negotiable instrument.
- A share-warrant can be issued only in respect of fully paid shares.
- A share-warrant can be issued only by a public company limited by shares.
- A blank-share transfer instrument is valid for –
- 2 months.
- 3 months.
- 6 months.
- 12 months.
- The shares in a company are the movable property of the shareholders –
- True, as the Companies Act so provides.
- False, as only goods can be movable property, but shares are not goods.
- Can a change be created on the assets of the company?
- Yes, as there is a legal provision to this effect.
- No, as a charge on changing assets is meaningless.
- A company must commence business within one year of its incorporation.
- True, as it is the law on this point.
- False, as there is no such provision in the Companies Act.
- What is the proportion of total directors that can be given permanent appointment in the company?
- 2/3.
- 1/3.
- 1/4.
- 1/6.
2. Write short notes on: 4x4=16
- Memorandum of Association.
- Share-Warrant.
- Certificate of Registration of Charges.
- Annual Return of Companies.
3. (a) What is Articles of Association? Mention the contents of articles of association which are generally included in it. 3+10=13
Or
(b) Give the definition of Prospectus as per Companies Act. Mention the various contents written in the prospectus. 4+9=13
4. (a) Define share. What are the different kinds of share a company may issue? Discuss. 8+5=13
Or
(b) What is Share Certificate and Debenture Certificate? What are the essential factors to be required for a valid share certificate? When can a company renew a share certificate or issue a duplicate one? 4+6+3=13
5. (a) What is Charge? What are the special points to be noted by a company, while creating charge? Write an explanatory note on Fixed Charge and Floating Charge. 2+3+8=13
Or
(b) Discuss the legal provisions relating to the maintenance of register of charges by the Registrar and the Company. What are the consequences of non registration of charges? 8+5=13
6. (a) Discuss in brief the legal provisions under Companies Act, in relation to change of name clause of a company. Mention five particulars entered in the Register of Members. 8+5=13
Or
(b) When and which companies are required to hold the Statutory Meeting? Discuss the legal provisions relating to the statutory meeting. 3+10=13
7. (a) Who are the Directors of a Company? Discuss in brief the various modes of appointment of directors in a company. 3+10=13
Or
(b) Who is Managing Director? Discuss the qualifications, disqualifications, remuneration and terms of office, relating to the appointment of managing-director of a company. 3+10=13