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CS Executive Programme Module-II
(Solution upto June - 2013 & Questions of - Dec - 2013 Included)
Paper - 4: Company Law
Chapter - 1: Introduction
2013 - June [2] (a) (i)
The statement is false, because the company is not a Citizenship Act,1955 or the
Constitution of India [State Trading Corporation of India Vs.C.T.O ].
2013 - June [6] (v)
Please refer 2004 - Dec [8] (a) (iv) on page no. 26
Chapter - 2: Types of Companies
2013 - June [2] (b) (i)
(d) Fifty
Chapter - 4: Memorandum of Association and Articles of Association
2013 - June [1] {C} (ii)
The alteration of articles of association must be bonafide for interest of the Company.
If the alteration is not for the interest of the Company, but for majority of Shareholders,
then the alteration would be bad.
In other words, an alteration of articles must not discriminate between the majority and
minority shareholders so as to give the former an advantage over the latter. [ All India
Railway mens benefit Fund V. Jamadar Baleshwarnath Bali].
2013 - June [3] (a) (i)
` 1,000
2013 - June [5] (a)
Section 12 to 23 of the Companies Act, 1956 prescribe the particulars to be mentioned
in the memorandum of association and other requirements. It is the constitution of the
company in its relation to the outsider world. The company cannot depart from the
provisions of the memorandum. If it enters into contract or engages in any trade or
business which is beyond the powers conferred on it by the memorandum, such a
contract or the act will be ultra vires the company and hence void. The memorandum
of association of a company is its charter defining the objects of its existence and
operations.
1

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The purpose of the object clause in the memorandum is two-fold. First, the intending
shareholder before making investment in the company should know the field in, or the
purpose for which it is going to be used and what risk he is taking in making the
investment. The second purpose is that anyone dealing with the company will know
without doubt what is the permitted range of activities of the company [Cotman Vs.
Brougham (1918) A.C. 514].
Its purpose is to enable the shareholders, creditors and those dealing with the company
to know what is the permitted range of enterprise. The objects clauses in the
memorandum are to be so construed as to confer on the company all powers
reasonably required to the attainment of the objects.
2013 - June [7] (c)
In the given case the objection of the employees is sustainable.
In the case of Bharat Commerce and Industries Ltd. it was held that employees union
which is a registered body and which represents quite a number of the employees
employed at the registered office of the company, has the right to appear and to oppose
the application on the ground that their interests would be likely to be prejudicially
affected if such special resolution would be confirmed by the court. It is always open to
the employees concerned to bring it to the notice of the court through their union or
even individually, if the company is passing such resolution did not act bona fide so as
to enable the court to examine the reason set out in the petition to consider whether it
would be just and equitable to confirm such a resolution.
Chapter - 5: Contracts and Conversions
2013 - June [1] {C} (i)
A company cannot ratify a per-incorporation contract, but it is open to it to enter into a
new contract after its incorporation to given effect to a contract made before its
formation [Howard Vs. Patent Ivory Co. (1888) 38 Ch. D.] Since the per-incorporation
contract is a nullity, even the company cannot sue the vendor of property if he fails to
carry out such a contract.
In India, however, Sections 15 and 19 of the Specific Relief Act, 1963, have
considerably alleviated the difficulty. Section 15(h) provides that where the promoters
of a company have, before its incorporation, entered into a contract for the purposes of
the company, and such contract is warranted by the terms of incorporation, the
company may, if it has accepted the contract, and has communicated such acceptance
to the other party to the contract, obtain specific performance of the contract. Under
Section 19 (e) under similar circumstances, specific performance may be enforced
against the company by the other party to the contract.

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2013 - June [2] (a)


(iii) The statement is false, because if a private company can be converted into a
Public Company by passing a special resolution as its general meeting for
approving:
(a) alteration of articles of association (Section 31)
(b) change its name (Section 21)
(c) alteration of memorandum of association (Section 16)
Note:- Approval of Central Government is not required in this case.
Chapter - 6: Concept of Capital and Financing of Companies
2013 - June [3] (a) (v), (vii)
(v) Securities Premium Account.
(vii) Compensation Committee.
Chapter - 8: Prospectus
2013 - June [2] (a) (ii)
The statement is false, because all the public companies either issue a prospectus or
file statement in lieu of prospectus but a private company does not issue prospectus
or statement is lieu of prospectus.
Chapter - 9: Debt Capital
2013 - June [2] (b) (v)
(d) After obtaining certificate of commencement of business.
Chapter - 10: Creation and Registration of Charges
2013 - June [2] (a) (iv)
The statement is false, because a charge created orally would also require registration.
A Board Resolution can also be taken to be the fact of creation of a charge.
2013 - June [4] (i)
Please refer 2008 - June [8] (iv) on page no. 164
Chapter - 13: Transfer and Transmission of Securities
2013 - June [6] (ii)
Fungibility: As per section 9 of the Depositories Act, 1996 specifies that all securities
held in a depository shall be in a fungible form. That is all Certificates of the same
security are inter- changeable in the sense that investors lose the right to obtain the
exact certificate they surrender at the time of entry into depository.
Chapter - 14: Institution of Directors
2013 - June [2] (b) (ii), (iii)
(ii) (a) All companies
(iii) (b) Two companies.
2013 - June [3] (a) (ii), (iii)
(ii) two months
(iii) ` 2,50,000

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2013 - June [6] (iii)


Please refer 2008 - June [7] (a) on page no. 239
2013 - June [8] (c)
Kapil, the branch head is apparently a whole- time employee of the company. When the
company proposes to appoint him as a director, he will be in the position of a whole time
director of the company and the appointment would require the approval of the Central
Government under Section 269 of the Companies Act, 1956 if it is not in accordance
with Schedule XIII to the Act. In that case, an application seeking approval to the
appointment of whole-time director shall be made to the Central Government in e-Form
No. 25-A ,within a period of 90 days of such appointment.
However, approval of the Central Government is not necessary if the
appointment is made in accordance with the conditions specified in Schedule XIII and
a return in e- Form No. 25C is filed with Registrar within 90 days from the date of such
appointment.
Chapter - 15: Powers and Duties of Directors
2013 - June [5] (c)
Please refer 2005 - Dec [3] (a) on page no. 262
2013 - June [8] (d)
According to Section 295(1) of the Companies A ct, 1956, no company, shall without
obtaining the previous approval of the Central Government directly or indirectly, make
any loan to or give any guarantee or provide any security in connection with the loan
made by any person to or to any other person by any director of such company or of a
company which is its holding company or any partner or relative of any such director.
However, the Ministry or Corporate Affairs had allowed companies to make house
building loans to their Managing Directors and Whole-time Directors without obtaining
prior approval of the Central Government under Section 295 of the Companies Act,
1956 on such terms and conditions as are applicable to its officers/employees. Approval
of the Central Government will however, be necessary in the case of companies having
no such scheme or where the house building loan proposed to be made is not covered
by the terms and conditions as are applicable to its officers/employees.
Chapter - 16: Managing Director, Whole-Time Director and Manager
2013 - June [4] (ii)
Please refer 2007 - Dec [4] (a) (ii) on page no. 275
Chapter - 18: Meetings
2013 - June [2] (b) (iv)
(a) one/third of the total strength of the Board or two directors, whichever is higher
2013 - June [3] (a) (viii), (b), (c)
(viii) Extraordinary General Meetings.

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(b) Different types of Meetings under the Companies Act, 1956 are as under:
(i) Statutory Meeting;
(ii) Annual General Meeting;
(iii) Extra- ordinary General Meeting;
(iv) Class Meeting;
(v) Board Meeting;
(vi) Meeting of Board Committee;
(vii) Meeting of debentureholder;
(viii) Meeting of Creditor;
(ix) Meeting of Contributory in winding up.
(c) When the Board of Directors of the company are not in a position to meet in person
to discuss and consider any resolution, which is of urgent nature and the same
cannot be kept pending till they meet, the articles of association usually contain
provisions for passing of board resolution by circulation. Regulation 81 of Table
A contains provisions in this regard. It states that a resolution in writing signed by
all the members of the Board or Committee of Board shall be as valid and effectual
as if it had been passed at a meeting of the Board or Committee duly held. Section
289 of the Company Act,1956 provides for passing such resolution. No such
resolution will be treated as passed unless: (i) it has been circulated in draft form
together with necessary papers, if any, to all the directors or to all members of the
committee of directors, then in India, and to all other directors, or members at their
usual address in India, and (ii) it has been approved by all such directors then in
India or by majority of them, as one entitled to vote on the resolution. The number
of directors or members to whom the resolution has been circulated should not be
less than quorum fixed for a meeting of the Board or Committee, as the case may
be. The resolution by circulation will be submitted in the next meeting of the Board
for confirmation. Some of the matters which cannot be passed by the Board by
circulation are:
(i) to fill a casual vacancy occurred in the Board;
(ii) to make calls on shareholders in respect of money unpaid on shares;
(iii) to issue debentures;
(iv) to make any political contribution;
(v) to make declaration of solvency;
(vi) to invest the funds of the company.
2013 - June [4] (v)
Decisions of the company are made by resolutions of its members, passed at meeting
of members. The word resolution has not been defined in the Companies Act. It may
be defined as the formal decision of a meeting on any motion before it. A proposal when
passed and accepted by the members becomes resolution. Resolutions under present
Companies Act, 1956 are of three kinds :

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(i) Ordinary
(ii) Special
(iii) Resolution requiring special notice
Under Section 189 of the Companies Act, defines the ordinary and special resolutions :
(a) Ordinary resolution : It means a resolution passed at a general meeting of a
company by a simple majority of members entitled to vote and also voting in
person or by proxy (where proxies are allowed) is called an ordinary resolution.
(b) Special resolution : A special resolution is one passed at a general meeting of a
company when :
(i) The intention to propose the resolution as a special resolution has been duly
specified in the notice calling the general meeting and the notice has been
given to the members in accordance with the provisions of this Act, and
(ii) The votes cast in favour of the resolution by members entitled to vote and
voting are not less than three times the number of votes cast against the
resolution by members so entitled to vote.
(iii) Resolution requiring special notice : According to Section 190 of the
company Act, 1956 where by any provision of this. Act or in the articles,
special notice is required of any resolution, notice of the intention to move the
resolution is required to be given to the company. where such a notice is
required by this Act or the company's Articles, the notice must be given not
less than 14 days before the meeting at which the resolution is to be moved
exclusive of the day on which the notice is served and the day of the meeting.
After receiving such a notice the company must give its members notice of the
resolution in the same manner as it gives notice of the meeting. If this is not
practicable the company must give notice to the members by advertisement
in a newspaper having on appropriate circulation or in any other mode allowed
by the articles.
2013 - June [7] (a)
Section 174(3) of the Companies Act, 1956 states that unless the articles otherwise
provide, if within half an hour from the time appointed for holding a meeting of a
company, a quorum is not present, the m eeting, if called upon the requisition of
members, shall stand dissolved. According to Section 174(4) in any other case, the
meeting shall stand adjourned to the same day in the next week, at the same time and
place, or to such other day and at such other time and place as the Board may
determine. Section 174(5) lays down that if at the adjourned meeting also, quorum is
not present within half an hour from the time appointed for holding the meeting, the
members present shall constitute quorum.
In the present case, quorum is not present within thirty minutes of the scheduled
time for holding of the annual general meeting. Therefore, the company should comply
with the provisions of section 174(4) as discussed above.

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2013 - June [8] (b)


A Company Secretary cannot call meetings of members. An act done by the secretary
after mentioning the matter to some of the directors, but without any express approval
of the directors and without a board meeting being held to consider the question will not
be considered the act of directors. Subject to the provisions in the articles, any general
meeting of the company can be called only on the authority of a Board resolution. If the
secretary calls a meeting without the authority of the Board of Directors it will not be
effectual unless the Board ratifies the convening before the meeting is held [Haycraft
Gold Reduction & Mining Co., Re. (1900)2Ch.230]. Notice of a general meeting given
by secretary without the sanction of the directors or proper authority is invalid [State of
Wyoming Syndicate, Re.(1901)2 Ch.431].
Chapter - 19: Investments and Loans
2013 - June [7] (b)
As per Section 372A of the Companies Act, 1956, no company shall, directly or
indirectly:
(a) make any loan to any other body corporate;
(b) give any guarantee, or provide security, in connection with a loan made by any
other person to, or to any other person by any body corporate; and
(c) acquire, by way of subscription, purchase or otherwise the securities of any other
body corporate; exceeding 60% of its paid-up share capital and free reserves or
100% of its free reserves, whichever is more unless the same is previously
authorised by a special resolution passed in a general meeting.
A public limited company wishing to make investments in shares of a company in
excess of the above statutory limit provided in Section 372A will have to comply with the
following formalities:1. It has to convene a general meeting and pass a special resolution before making
the investment.
2. Notice of such resolution shall indicate:- (i) the specific limits; (ii) the particulars of
body corporate in which the investment is proposed to be made; (iii) the purpose
of the investment; (iv) specific sources of funding; and (v) any other detail which is
material.
3. No investment shall be made by the company unless the resolution sanctioning it
is passed at a meeting of the Board with the consent of all directors present at the
meeting.
4. The company has to obtain prior approval of the public financial institution referred
to in Section 4A, where any term loan is subsisting.
5. If a company has defaulted in complying with the provisions of Section 58A relating
to deposits; it shall not directly or indirectly acquire by way of subscription,
purchase or otherwise the securities of any other body corporate, till such default
is subsisting.

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Chapter - 21: Accounts and Audit


2013 - June [1] {C} (iii)
The statement is incorrect, because, a company has a branch office whether in India
or outside, the book of account relating to transaction effected at the branch office may
be kept at that office. [Section 209(2)]
2013 - June [2] (b) (vi)
(d) A member of the company.
2013 - June [6] (i)
Intangible means That cannot be touched.
Some of the assets are such which cannot be touched and do not have physical
existence and are called intangible assets.
For example: (i) Goodwill (ii) Brands/trademarks (iii) Mining rights (iv) Recipes formula,
models, designs and prototype.
Chapter - 22: Divisible Profits and Dividends
2013 - June [3] (a) (iv)
(iv) Schedule XIV.
2013 - June [6] (iv)
Please refer 2008 - June [4] (iv) on page no. 411
Chapter - 23: Sole Selling and Sole Buying Agents
2013 - June [7] (d)
According to Section 294AA (2), no company shall appoint any individual firm or body
corporate, who or which has a substantial interest in the company, as sole selling agent
of that company unless such appointment has been previously approved by the Central
Government.
In the present case the paid up share capital of Agro Ltd. is not given.
In case where Agro Ltds paid up share capital is ` 50 lakhs or more, it can appoint Sellwell Ltd. as its sole selling agent by obtaining,
(a) previous approval of the Central Government; and
(b) consent of the company in general meeting by ordinary resolution.
Chapter - 25: Registers and Returns
2013 - June [3] (a) (vi)
(vi) Part II of Schedule V
2013 - June [8] (a)
Ideally, the date of the Directors Report should be later than the date of Auditors
Report. However, both the dates i.e. the date of the Directors Report and that of the
Auditors Report could be the same.
If there is any reservation, qualification or adverse remark/comment has been given
by the Auditor in the Auditors Report, then the Board is required to give in its report the
fullest information and explanations on the adverse remarks given by the Auditor

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pursuant to section 217(3). If the date of the Auditors Report is subsequent to that of
the Directors Report, then it would not be possible for the Board to comply with the
above requirement. In light of the above, in the present case, the dating of the Directors
Report and Auditors Report is not in order.
Chapter - 29: Law Relating to Co-operatives, Societies and Trust
2013 - June [4] (iv)
Oral Trust and Written Trust: A trust may be declared either orally or through an
instrument in writing. However, a trust in relation to movable property can be declared
orally by transferring the possession of the property with a direction that the property be
held in trust. In regard to a private trust for immovable properties, a written trust deed
is a pre - requisite.
Chapter - 31: Limited Liability Partnerships
2013 - June [1] {C} (iv)
A Limited Liability Partnership (LLP) registered in Singapore which is proposing to
establish a place of business in Mumbai is a foreign LLP and need to comply with LLP
Rules 2009.
As per rule 34 (i), provides that a Foreign Limited Liability Partnership shall, within 30
days of establishing a place of business in India, file with the Registrar in Form No. 27.
Following documents must be submitted to Registrar:
1. a copy of certificate of incorporation or registration
2. a full address of the registered office or principal office.
3. a full address of the office of the Limited Liability Partnership in India.
4. a list of partners and designated partners.
Chapter - 34: Striking off Name of Companies
2013 - June [5] (b)
Please refer 2011 - June [5] (a) on page no. 490
Chapter - 36: An Introduction to E-Governance
2013 - June [1] {C} (v)
Please refer 2008 - Dec [4] (d) on page no. 500
2013 - June [4] (iii)
Pre-Scrutiny : It is a functionality that is used for checking whether certain core aspects
are properly filled in the e-form. Before submitting the e- Form for pre-scrutiny the user
has to make the necessary attachments in PDF format.
Check Form: By clicking CHECK FORM the user will be in a position to find out
whether the mandatory fields in an e -Form are duly filled - in.
For example, if the user enters alphabets in Date of appointment of director field,
he/she will be asked to correct that.
2013 - June [5] (d)
Please refer 2011 - June [5] (b) on page no. 502

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10

Chapter - 37: Secretarial Standards


2013 - June [2] (a) (v)
The statement is false, because at present secretarial standard are recommendatory.
Once the standard gain acceptability and their importance has been recognised, these
would be made mandatory/compulsory.
Question Paper of December - 2013
Chapter - 1: Introduction
2013 - Dec [6] Write notes on the following:
(iii) Lifting of corporate veil

(4 marks)

Chapter - 3: Promoters & Formation of Companies


2013 - Dec [2] (b) Write the most appropriate answer from the given options in respect
of the following:
(ii) A company pays registration fee on the basis of its
(a) Subscribed capital
(b) Paid-up capital
(c) Authorised capital
(d) Issued capital.
(1 mark)
Chapter - 5: Contracts and Conversions
2013 - Dec [2] (b) Write the most appropriate answer from the given options in respect
of the following:
(i) A contract entered into by a public company after incorporation but before
obtaining certificate of commencement of business is called
(a) Pre-incorporation contract
(b) Provisional contract
(c) Preliminary contract
(d) None of the above.
(1 mark)
Chapter - 6: Concept of Capital and Financing of Companies
2013 - Dec [4] Distinguish between the following:
(ii) Nominal capital and reserve capital.
(v) Public issue and private placement.
2013 - Dec [6] Write notes on the following:
(i) Basis of valuation of intellectual property
Chapter - 9: Debt Capital
2013 - Dec [6] Write notes on the following:
(ii) Subrogation

(4 marks each)
(4 marks)

(4 marks)

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Chapter - 10: Creation and Registration of Charges


2013 - Dec [3] (a) Re-write the following sentences after filling-in the blank spaces with
appropriate word(s)/figure(s):
(vi) __________ number is allotted at the time of registration of a charge. (1 mark)
2013 - Dec [5] (d) What are the different kind of mortgages in immovable property?
(4 marks)
Chapter - 11: Allotment and Certificates of Securities
2013 - Dec [3] (a) Re-write the following sentences after filling-in the blank spaces with
appropriate word(s)/figure(s) :
(i) If there is no payment in monies worth for the shares, the allotment would be
___________.
(1 mark)
Chapter - 12: Membership in a Company
2013 - Dec [4] Distinguish between the following:
(iii) Book closure and record date.

(4 marks)

Chapter - 13: Transfer and Transmission of Securities


2013 - Dec [3] (a) Re-write the following sentences after filling-in the blank spaces with
appropriate word(s)/figure(s):
(v) Every listed company making initial public offer of any security for a sum of
` _________ or more will have to issue the same only in dematerialised form.
(1 mark)
Chapter - 14: Institution of Directors
2013 - Dec [3] (a) Re-write the following sentences after filling-in the blank spaces with
appropriate word(s)/figure(s):
(vii) Every director in a public company shall file ________ intimating his
disqualification, if any, to the company under section 274(1)(g) before
appointment.
(1 mark)
2013 - Dec [6] Write notes on the following:
(v) Principle of proportional representation.

(4 marks)

Chapter - 15: Powers and Duties of Directors


2013 - Dec [1] {C} Comment on the following:
(iv) Directors of a company may personally become liable to outside parties even
when they enter into contracts on behalf of the company.
(5 marks)

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12

2013 - Dec [2] (b) Write the most appropriate answer from the given options in respect
of the following:
(vi) The power of Board of directors (to invest in shares or debentures of any other
body corporate under section 372A) must be exercised by
(a) Simple majority
(b) Special majority
(c) Unanimous vote
(d) None of the above.
(1 mark)
2013 - Dec [8] (c) A director should not make any secret profits even while selling his
own property to the company. Explain.
(4 marks)
Chapter - 18: Meetings
2013 - Dec [1] {C} Comment on the following:
(v) Failure to hold a particular general meeting may render the company liable to be
wound-up.
(5 marks)
2013 - Dec [2] (a) State, with reasons in brief, whether the following statements are
true or false :
(i) Unlike other general meetings of a company, statutory meeting cannot be
adjourned.
(2 marks)
(b) Write the most appropriate answer from the given options in respect of the following:
(v) Under clause 49 of the listing agreement, every listed company in India must
hold at least four Board meetings in a year. Maximum time gap between any two
meetings shall not be more than
(a) Four months
(b) Two months
(c) Six months
(d) Three months.
(1 mark)
2013 - Dec [3] (a) Re-write the following sentences after filling-in the blank spaces with
appropriate word(s)/figure(s):
(ii) All general meetings other than statutory and annual general meeting are called
__________ general meeting.
( 1 mark)
Chapter - 20: Deposits
2013 - Dec [7] (b) Royal Ltd. which is a non-banking non-financial company, registered
under the Companies Act, 1956, intends to accept short-term public deposits repayable
in a period of one month, three months and six months. The company is also planning
to introduce long-term public deposit schemes for 48 months. Examine.
(4 marks)
(d) What measures can a company take to get the date of maturity of public deposits
extended, as it is not in a position to repay the deposits on maturity owing to adverse
financial conditions?
(4 marks)

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13

Chapter - 21: Accounts and Audit


2013 - Dec [2] (a) State, with reasons in brief, whether the following statements are
true or false:
(ii) Auditors' report containing qualification, reservation or adverse remarks be
treated as qualified report to which Board must provide explanations and
information.
(iii) Circulation of balance sheet and profit and loss account without auditors' report
is an offence punishable under the provisions of the Companies Act, 1956.
(iv) First auditors of a Government company are to be appointed by the Board of
directors.
(2 marks each)
(b) Write the most appropriate answer from the given options in respect of the following:
(iii) The profit and loss account and balance sheet of a company will be signed by
(a) Managing Director and Company Secretary or Manager
(b) Chairman and other directors
(c) All the directors
.
(d) Any two directors on behalf of the Board and Company Secretary or
Manager.
(iv) A copy of profit and loss account and balance sheet will be submitted to the
Registrar of Companies within
(a) 60 Days of annual general meeting
(b) 30 Days of annual general meeting
(c) 7 Days of annual general meeting
(d) None of the above.
(1 mark each)
2013 - Dec [8] (b) Is it compulsory for a company to circulate the cost audit report to its
members? Justify your answer.
(4 marks)
Chapter - 22: Divisible Profits and Dividends
2013 - Dec [2] (a) State, with reasons in brief, whether the following statements are
true or false:
(v) Interim dividend is to be paid within sixty days from the date of its declaration.
(2 marks)
Chapter - 25: Registers and Returns
2013 - Dec [7] (c) PQR Ltd. is a public company registered under the Companies Act,
1956. The company has not held any AGM for the year under consideration. Is it
mandatory to file annual return in such a case?
(4 marks)

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14

Chapter - 27: Shareholders Democracy, Majority Powers and Minority Rights and
Prevention of Oppression and Mismanagement
2013 - Dec [1] {C} Comment on the following:
(i) An attempt to force new and more risky objects upon unw illing minority
shareholders may in certain circumstances amount to oppression. (5 marks)
Chapter - 28: Compromises and Arrangements - An Overview
2013 - Dec [8] (d) A demerger scheme was approved by the shareholders, secured and
unsecured creditors. The scheme was neither in violation of any law nor against public
interest. However, Accounting Standard-14 was not followed. Whether the scheme can
be sanctioned? Explain.
(4 marks)
Chapter - 29: Law Relating to Co-operatives, Societies and Trust
2013 - Dec [1] {C} Comment on the following:
(ii) A trust cannot be created orally and must always be in writing.

(5 marks)

2013 - Dec [5] (c) Who may be admitted as members of a multi-State co-operative
society?
(4 marks)
2013 - Dec [6] Write notes on the following:
(iv) Public and private trusts
(4 marks)
2013 - Dec [8] (a) What do you mean by the word co-operative? What are the
principles of co-operative?
(4 marks)
Chapter - 31: Limited Liability Partnerships
2013 - Dec [4] Distinguish between the following:
(i) Partnership firm and limited liability partnership.
(4 marks)
2013 - Dec [5] (b) Who cannot be appointed as designated partners of a limited liability
partnership in India?
(4 marks)
Chapter - 33: Offences and Penalties - An Overview
2013 - Dec [3] (b) Who shall be considered as an officer in default?
(4 marks)
Chapter - 34: Striking off Name of Companies
2013 - Dec [1] {C} Comment on the following:
(iii) The striking-off the name of a company does not materially affect the creditors
of the company.
(5 marks)
Chapter - 35 Winding up of Companies
2013 - Dec [4] Distinguish between the following:
(iv) Winding-up and dissolution.
(4 marks)
2013 - Dec [5] (a) When is the winding-up of a company deemed to commence
(i) In case of voluntary winding-up; and
(ii) In case of winding-up by the court?
(4 marks)

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2013 - Dec [7] (a) ABC Ltd., a company has been incurring losses for the last 2 years
and has not been paying wages to its workmen for the last 3 months. Trade Union of
the workmen has applied to the court for winding- up of the company. Will it succeed?
Give reasons.
(4 marks)
Chapter - 36: An Introduction to E-Governance
2013 - Dec [3] (a) Re-write the following sentences after filling-in the blank spaces with
appropriate word(s)/figure(s):
(iii) _________ is only a document in electronic format for filing with MCA authorities
through internet.
(iv) _________ is a unique identification number and once obtained is valid for
lifetime of a director.
(viii) XBRL stands for _________.
(1 mark each)
(c) Which are the companies mandated to file their balance sheets in XBRL format with
the Registrar of Companies?
(4 marks)

Shuchita Prakashan (P) Ltd.


25/19, L.I.C. Colony, Tagore Town,
Allahabad - 211002
Visit us: www.shuchita.com

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