Question 1.Distinguish Between: ‘Mortgage’ and ‘Charge’. (June 2013, December 2016) (4 marks)Answer: S. No. Mortgage Charge 1. A mortgage is created by the act of the parties. 1. A charge may be created either through the act of parties or by the operation of law. 2. A mortgage requires registration under the Transfer of Property …
Question 1.The power to invest funds of the company is the prerogative of the board of directors under section 179. Discuss the limitations on such powers of the board, if any, relating to inter-corporate loans and investments under section 186. (December 2019) (6 marks)OrYour company, which is a public limited company wishes to make investments …
Question 1.Enumerate the difference between statutory books and statistical books of a company. (December 2008) (June 2012) (4 marks)Answer: Basis of Distinction Statutory Books Statistical Books Meaning As per the provisions under the Companies Act, 2013, certain books must be maintained by the company which is known as statutory books. As per the provisions of …
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Question 1.Distinguish between: Oppression and Mismanagement. (December 2014) (4 marks)Answer: Basis of Distinction Oppression Mismanagement Meaning of the Terms The term “oppression” is not defined in the Companies Act, 2013.Oppression, according to the dictionary meaning of the word, is an act exercised in a manner burdensome, harsh, and wrongful.Oppression means violation of the condition of …
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Question 1.Write a short note on Digital Signature Certificate. (December 2010) (4 marks)OrWho are all the persons required to obtain “Digital Signature Certificates” (DSCs)? (June 2019) (3 marks)Answer:1. A digital signature is the electronic signature duly issued by a certifying authority that shows the authority of the person signing the same. It is an electronic …
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Question 1.Mr. Solid, a young professional of 29 years, has stayed in India for 150 days in the previous financial year. He does not hold any shares in Happy Retails Limited, which is quoted (listed) company. Small shareholders have decided among themselves that he is proposed to be appointed as small shareholders director who shall …
Question 1.Write a short note on Managerial Remuneration. (June 2009) (4 marks)Answer:1. Section 197(1) of the Companies Act, 2013, Total managerial remuneration payable by a public company to its directors in respect of any financial year shall not exceed 11% of the net profit. Net profit for this purpose will be calculated as per Section …
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Question 1.State whether a board meeting of a company can be held at any place (June 2010) (4 marks)OrBoard meetings of a company to be held at the registered office of the company during the working hours on a day that is not a public holiday. (December 2011) (4 marks)Answer: Hence, the Meeting of the …
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Question 1.Distinguish between: Motion and Resolution. (December 2009) (June 2011) (June 2012) (4 marks)Answer: Basis of Distinction Motion Resolution Meaning Motion is the proposal submitted for decision making adopted by means of a resolution. A resolution is the formal expression of the decision of the meeting when a motion has been duly voted and passed …
Question 1.Distinguish between: ‘E-voting’ and ‘voting by show of hands. (June 2017) (4 marks)Answer: Basis of Distinction ‘E-voting’ ‘Voting by show of hands Governing Section Section 108 of the Companies Act, 2013 makes provisions relating to E-voting. Section 107 of the Companies Act, 2013 makes provisions relating to the show of hands. Applicability The Central …
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