LL.B. (Five Years) Sem 7 Company Law 2017-18 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. Figures to the right indicate full marks.

Q. 1 Paper 66904, Q.1 Answer in one or two sentence 20 Marks

1. (a) What is "Foreign Security"?
   Read the model answer
2. (b) What is "Director Identification Number"?
   Read the model answer
3. (c) What is Repatriation of Foreign exchange?
   Read the model answer
4. (d) What is "Cumulative shares"?
   Read the model answer
5. (e) What is "Floating charge"?
   Read the model answer
6. (f) What is "Deemed Prospectus"?
   Read the model answer
7. (g) What is "Debenture"?
   Read the model answer
8. (h) Who is a Nominee Director?
   Read the model answer
9. (i) What is "Subsidiary Company"?
   Read the model answer
10. (j) What is "Investor Education and Protection Fund"?
    Read the model answer

Q. 2 Paper 66904, Q.2 Write short notes on any four 20 Marks

1. (a) Advantages of forming Company
   Read the model answer
2. (b) Kinds of Share capital
   Read the model answer
3. (c) Annual General Meeting
   Read the model answer
4. (d) Buy Back of shares
   Read the model answer
5. (e) Appointment of Directors
   Read the model answer
6. (f) Theory of Corporate Personality
   Read the model answer

Q. 3 Paper 66904, Q.3 Answer any two 12 Marks

1. (a) A meeting of Board of Directors could not be held for want of Quorum
   • (a) What shall be the subsequent procedure?
   • (b) What shall be the Quorum for Meeting of Board?
   Read the model answer
2. (b) A company to make its public issue a success makes an agreement with financial institution to subscribe shares to the extent not taken by the public.
   • (a) What is public issue?
   • (b) What is this agreement between company and financial institution known as?
   Read the model answer
3. (c) By passing an ordinary resolution a company removes one of its directors before the expiry of term from his office.
   • (a) Is such a removal valid? What are the pre requisites for such resolution?
   • (b) Can a director appointed by Tribunal be removed so?
   Read the model answer

Q. 4 Paper 66904, Q.4 Answer any four in detail 48 Marks

1. (a) "A proper balance of the rights of majority and minority shareholders is essential for the smooth functioning of the company" Discuss.
   Read the model answer
2. (b) What is the procedure for transfer of shares and explain the remedies available if a company refuses to register transfer of shares?
   Read the model answer
3. (c) State the golden rule of framing prospectus. What are the remedies available for misrepresentation in Prospectus?
   Read the model answer
4. (d) Explain the legal position and duties of Director?
   Read the model answer
5. (e) Explain in detail the provision in the companies Act relating to Prevention of oppression and mismanagement?
   Read the model answer
6. (f) Who is a official liquidator and what are his power and duties?
   Read the model answer

Q.1 Paper 04541, Q.1 Write answer in not more than two sentences 20 Marks

1. (a) Who is Alternate Director?
   Read the model answer
2. (b) When does Transmission of Share takes place?
   Read the model answer
3. (c) What is tenure of appointment of an Auditor?
   Read the model answer
4. (d) Define Debenture.
   Read the model answer
5. (e) What is meant by Dividend?
   Read the model answer
6. (f) What is 'Joint Venture'?
   Read the model answer
7. (g) How can a company alter its name clause?
   Read the model answer
8. (h) Who is 'Authorised Person' under FEMA 1999.
   Read the model answer
9. (i) What is voluntary winding up?
   Read the model answer
10. (j) Give any two instances of current account transaction under FEMA 1999
    Read the model answer

Q.2 Paper 04541, Q.2 Write short notes on any four of the following 20 Marks

1. (a) Distinguish between Private and Public company
   Read the model answer
2. (b) Official Liquidator
   Read the model answer
3. (c) Cumulative and Non-Cumulative shares
   Read the model answer
4. (d) Surrender of shares
   Read the model answer
5. (e) Doctrine of Constructive notice
   Read the model answer
6. (f) Forfeiture of shares
   Read the model answer

Q.3 Paper 04541, Q.3 Solve any two of the following 12 Marks

1. (a) The Directors of a company passed a resolution at a Board Meeting, resolving to make a call on a shareholders. However, the amount of 'call money' and 'the due' date of payment were left blank in the resolution. Later, these blanks were filled by secretary.
   • (a) What do you mean by 'call on share'?
   • (b) Will Such a call be valid? Why?
   Read the model answer
2. (b) 'Godavari' Transport Co. created floating charge on the Debentures issued by the company
   • (a) Under what circumstances floating charge becomes fixed charge?
   • (b) What remedies are available to the debenture holder, if the company makes default in the payment of the Principal or Interest?
   Read the model answer
3. (c) In the meeting of ABC Co. Ltd proper quorum was present at the beginning. However few members left at the middle of the meeting. It proceeds to business.
   • (a) Does the departure of member invalidate the meetings?
   • (b) What is quorum? What should be the quorum for meetings of Public and Private company, if articles of association has no provisions?
   Read the model answer

Q.4 Paper 04541, Q.4 Answer any four the following 48 Marks

1. (a) Explain the Doctrine of Indoor Management along with exceptions if any?
   Read the model answer
2. (b) Explain the provisions relating to appointment of Auditors?
   Read the model answer
3. (c) Define 'Member'? How Membership is acquired and how it is terminated?
   Read the model answer
4. (d) What are the compulsory clauses in the Memorandum of Association?
   Read the model answer
5. (e) What is winding up of company? What are the grounds under Companies Act, 2013, by which Tribunal may order winding up of a company?
   Read the model answer
6. (f) Explain the legal position of Directors?
   Read the model answer

Read from the scan above, so a character or two may differ. The scan is the original.