LL.B. (Three Years) Sem 3 Company Law 2021-22 Question Paper - Mumbai University | munotes

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MCQ Multiple choice questions (1.5 marks each) 30 Marks

1. 1 If a company is registered by incorrect information then its winding up may be ordered by:
   • (a) Central Government
   • (b) Registrar of companies
   • (c) National company law tribunal
   • (d) Court
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2. 2 Jatin is desirous of forming a 'One Person Company (OPC)' for which he wants to nominate his wife Jasmin who in the event of his death shall become the member of OPC. However, he is not aware of as to which document should contain the name of the nominee. Advise him in the matter.
   • (a) Name of the nominee should be mentioned in the Articles of Association after the names of the directors.
   • (b) Name of the nominee should be mentioned in the Memorandum of Association
   • (c) Either Articles of Association or Memorandum of Association may contain the name of the nominee.
   • (d) There is no need to mention the name of the nominee in either Articles of Association or Memorandum of Association; a simple consent letter obtained from the nominee and kept in the records is sufficient.
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3. 3 Swastik Pvt Ltd passed a special resolution to change its name to Swastik Darshan Pvt Limited on 30th May, 2021. Relevant MCA filing was done on due time and then Company got its new stationery printed on 1st, July, 2021. However, there was a delay in issue of certificate and Company received new certificate on 20th August, 2021 which was issued on 10th August, 2021. Company wants to enter into a lease agreement for new premise. When they can do such agreement in new name of the Company?
   • (a) 30th may, 2021.
   • (b) 1 st July, 2021
   • (c) 20th August, 2021
   • (d) 10th August, 2021
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4. 4 Mr. Pushkar wishes to start his own venture with an idea of recycling of plastic waste. He approaches you for your advice so as to decide on which type of entity he should incorporate mainly based on the aspects of taxation, capital funding and other monetary benefits to the promoters. Kindly suggest a suitable form of entity from the following -
   • (a) Limited Liability Partnership;
   • (b) Private Limited Company;
   • (c) Section 8 Company;
   • (d) Producer Company.
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5. 5 ________ in relation to another company, means a company in which that other company has a significant influence, but which is not a subsidiary company of the company having such influence and includes a joint venture company
   • (a) Associate company
   • (b) Subsidiary company
   • (c) Investing company
   • (d) None of these
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6. 6 Government company means any company in which not less than 51% of the paid-up share capital is held
   • (a) By the Central Government
   • (b) By any state government
   • (c) Jointly by the Central Government and any State Government
   • (d) Any of these
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7. 7 Private company means a company which by ________ prohibits any invitation to ________ to subscribe for any securities of the company
   • (a) Its articles; any person
   • (b) Its articles; the public
   • (c) Its memorandum; the public
   • (d) Its memorandum; any person
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8. 8 A person shall be eligible to incorporate OPC only if he is ________
   • (a) A natural person and an Indian citizen
   • (b) An Indian citizen and resident in India
   • (c) A natural person and a resident in India
   • (d) A natural person and an Indian citizen and resident in India
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9. 9 A limited company may be ________
   • (a) A company limited by shares
   • (b) A company limited by guarantee having no share capital
   • (c) A company limited by guarantee and having a share capital
   • (d) Any of these
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10. 10 Where a company is granted licence under section 8, it is not required to use the word(s) ________ even though the company is limited company.
    • (a) 'Limited'
    • (b) 'Private Ltd.'
    • (c) 'Limited' or 'Private Limited' as the case may be
    • (d) Company
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11. 11 The report on AGM to be filed with the Registrar shall be in Form No. ________
    • (a) MGT-13
    • (b) MGT-14
    • (c) MGT-15
    • (d) MGT-16
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12. 12 ________ shall exercise absolute discretion with regard to the inclusion or non-inclusion of any matter in the minutes.
    • (a) The Company Secretary
    • (b) The Board of Directors
    • (c) The Chairman
    • (d) The Managing Director
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13. 13 The minutes of every general meeting shall be signed by ________.
    • (a) The chairman of the same meeting or the chairman of the next meeting
    • (b) The chairman of the same meeting or in the event of death or inability of that chairman, by a director duly authorized by the Board for this purpose
    • (c) The chairman of the same meeting
    • (d) The Company Secretary
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14. 14 The minutes book of general meetings shall be preserved ________.
    • (a) For a period of 4 years
    • (b) For a period of 6 years
    • (c) For a period of 8 years
    • (d) Permanently
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15. 15 A notice of general meeting may be sent by e-mail as ________
    • (a) A text
    • (b) An attachment to e-mail
    • (c) A notification providing electronic link or Uniform Resource Locator for accessing such notice
    • (d) Any of these
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16. 16 ________ is entitled to receive the notice of every general meeting.
    • (a) Every member
    • (b) Every promoter
    • (c) The Registrar
    • (d) All of these
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17. 17 AGM shall be called during business hours, i.e. between ________
    • (a) 9 am and 5 pm
    • (b) 9 am and 6 pm
    • (c) 10 am and 5 pm
    • (d) 10 am and 6 pm
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18. 18 AGM shall be called for a day which is not a ________ holiday.
    • (a) Public
    • (b) Bank
    • (c) Gazetted
    • (d) National
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19. 19 An extraordinary general meeting may be convened by
    • (a) Board of Directors
    • (b) Requisitionists
    • (c) Tribunal
    • (d) All the above
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20. 20 The gap between two annual general meetings must not be more than
    • (a) 12 months
    • (b) 15 months
    • (c) 18 months
    • (d) 15 months, as may be extended by Register of Companies to 18 months
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DTQ Detailed questions (3 marks each) 30 Marks

1. 1 What are Preliminary contracts? Explain the conditions for Enforcement of Preliminary contracts.
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2. 2 Who is Member in a company? Explain the modes of acquiring membership?
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3. 3 What are meetings in a company? Explain the types of shareholders meetings.
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4. 4 Define the term Director as per Companies Act, 2013. What are the different types of director?
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5. 5 What is transfer of shares? Explain the term share certificate.
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6. 6 Who is Promoter in a company? Explain the legal position of promoters.
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7. 7 Discuss all necessary steps involved in Incorporation of a company.
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8. 8 Explain the provisions of Women Director in a company as per Companies Act, 2013.
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9. 9 What are Charges? Why registration of charges are required?
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10. 10 Differentiate between Equity share capital and Preference share capital
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