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Memorandum of understanding and articles of association - class-XI

Description: memorandum of understanding and articles of association
Number of Questions: 53
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Tags: company business studies
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What is not false for dormant company?

  1. It is registered for future project

  2. It is registered under Companies Act, 1956

  3. It is registered as dormant company under Companies Act, 1956

  4. None of the above


Correct Option: A

A hospital does some charity work although it was not obliged to do so. What will be true?

  1. It will be considered a CSR activity

  2. Hospitals are not required to do CSR activity

  3. It will not be considered a CSR activity

  4. None of the above


Correct Option: A

Statutory body created for accounting norms under CA 2013 is _______.

  1. NFRA

  2. NCLT

  3. SF10

  4. CRA


Correct Option: A

Is CSR applicable to Foreign Companies?

  1. No

  2. Yes

  3. Nothing Specified

  4. It is Voluntary


Correct Option: B

For a company to be a small company _____________.

  1. its paid up capital is less than 50 lakh

  2. its paid up capital is 50 lakh

  3. its turnover is 3 core

  4. both a and c


Correct Option: A

Where a fraudulent and dishonest use is made of the legal entity, the Court will break through the corporate shell and apply the principle of what is known as _______

  1. Shifting of the corporate personality

  2. Doctrine of privity of contract

  3. Piercing through the corporate veil

  4. Doctrine of unjust enrichment


Correct Option: C

Private companies need not to register its own Article.

  1. True

  2. False

  3. Partly true

  4. Partly false


Correct Option: B

Final accounts of companies are prepaid according to_________of the companies Act,2013.

  1. Schedule VI

  2. Schedule V

  3. Schedule II

  4. Schedule III


Correct Option: D

Power/ duties of Auditors apply _______to Company Secretary in Practice conducting secretarial audit.

  1. Mutatis Mutandis

  2. Mutains Mutandis

  3. Mutatis Mutantis

  4. None of the above


Correct Option: A

The 'Doctrine of Indoor Management' provides protection to the ___________.

  1. Board of Directors

  2. Shareholders

  3. Managing Director

  4. Outsiders


Correct Option: D
Explanation:

In simple words, the doctrine of indoor management means that a company's interior associations are the company's difficulty. As a result, this regulation of interior organization is important to people dealing with a company through its directors or other persons. 

Where the doctrine of productive notice protects a company against outsiders, the doctrine of indoor management protects outsiders against the actions of a company. This doctrine also is a feasible safeguard against the possibility of abusing the doctrine of productive notice.

Thus, the correct option is D.

A company can change its name, by passing _________.

  1. ordinary resolution

  2. special resolution

  3. board resolution

  4. none of the above


Correct Option: B

Which is NOT a feature of an incorporated company?

  1. Transferability of shares

  2. Limited liability

  3. Common seal

  4. It is an agent


Correct Option: D

Dividend of a company is declared in _________.

  1. statutory meeting

  2. extra ordinary general meeting

  3. annual general meeting

  4. none of the above


Correct Option: C

Below mentioned are factors that have allowed small companies to act like they are big ones. Pick the right one.

  1. Competition

  2. Economic development

  3. Both a and b

  4. Technology


Correct Option: C

The persons who are in charge of the management of affairs of a company are termed as directors. They are collectively known as ________.

  1. shareholders

  2. employees

  3. board of directors

  4. either a or b


Correct Option: C
Explanation:
Section 2(10) of the Companies Act, 2013 defined that Board of Directors or Board, in relation to a company, means the collective body of the directors of the company.

What is full form of CSR?

  1. Corporate social responsibility

  2. Company sales revenue

  3. Company social responsibility

  4. None of the above


Correct Option: A

Which of the following cases clearly established that 2 company has a separate legal entity?

  1. Salomon v Salomon and Co. Ltd.

  2. Sultan and Co. Ltd. v Sultan

  3. Connors Bros v Connors

  4. FOSS V Harbottle


Correct Option: A

A company has to file annual return for 31st March, 2015 which form it will fill?

  1. MGT-7 as per Companies Act, 2013

  2. MGT- 7 as per Companies Act, 1956

  3. Form 23 as per Companies Act, 1956

  4. Form 23 as per Companies Act, 2013


Correct Option: A

In a company maximum time difference between two board meetings is _________.

  1. 3 months

  2. 4 months

  3. 5 months

  4. 6 months


Correct Option: B
Explanation:
Minimum 4 (four) meetings have to be held each year, with a gap of not more than 120 (one hundred and twenty) days between 2 (two) board meetings.

Which company gives its members a right to transfer his shares?

  1. Public

  2. Private

  3. Government

  4. None


Correct Option: A
Explanation:
In the case of Public Limited Company, the shares are freely transferable but it is not so in private limited company.

In a company who conceives the idea of the business?

  1. Promoters

  2. Auditors

  3. Directors

  4. Shareholders


Correct Option: A

Preferential shareholders can call meeting in which situation?

  1. Curfew

  2. Emergency

  3. Bomb blast

  4. None of the above


Correct Option: D
Explanation:
As per section 48 of Companies Act, 2013 class meetings are held by preferential shareholders. Class meeting are basically held for taking consent of a particular class of shareholders. Through this meeting, the rights and privileges of the shareholders can be altered, or conversion of one class to another can be done.

As per section 2(41) of the Companies Act, 2013 financial year of the Company is ________.

  1. from April to March

  2. from January to December

  3. to be decided on individual basis

  4. based on the incorporation date of Company


Correct Option: A

The corporate veil can be lifted___.

  1. For determining the true status of the company

  2. In order to determine whether it was an enemy company

  3. Where the company fails to pay taxes and duties

  4. All of the above


Correct Option: D

If company does not follow the principle of separate legal entity, _______ can be done.

  1. Principle of natural justice

  2. Principle of equity

  3. Lifting of corporate veil

  4. Principle of unjust enrichment


Correct Option: C

The corporate veil can be lifted__.

  1. Where the corporate veil has been used for proper & legal purpose

  2. Where the corporation is really an agency or trust for someone else and the corporate facade is used to cover up that agency or trust

  3. Where the company is incurring continuous losses

  4. When company restricts the right to transfer its shares


Correct Option: B

The net worth of a company is rupees five hundred crore in the year 2012-13. In the financial year 2014-15 its net worth is less than five hundred crore. As per Companies Act, 2013 it will need to constitute CSR Committee and comply with provisions of 135(2) to (5) in the year ________.

  1. 2014-15

  2. 2015-16

  3. 2013-14

  4. 2016-17


Correct Option: A

A company may be-.

  1. An incorporated company

  2. A corporation

  3. An unincorporated company

  4. All of the above


Correct Option: D

The corporate veil can be lifted____.

  1. Where it was found that the sole purpose for which the company was formed was to evade taxes

  2. Where the purpose of company formation was to evade labour welfare & other legislation

  3. To punish for contempt of court

  4. All of the above


Correct Option: D

A corporate veil may be lifted when_____.

  1. the corporate veil has been used for commission of fraud or improper conduct

  2. where the doctrine conflicts with public policy

  3. where the veil has been used for evasion of taxes and duties

  4. all of the above


Correct Option: A

Practicing Company Secretary has been authorized to appear as authorized representative before  the Securities Appellate Tribunal (SAT) under _____.

  1. SEBI Act, 1991

  2. Depositories Act, 1996

  3. Either (A) or (B)

  4. Both (A) and (B)


Correct Option: D

The audit report, besides other things necessary in any particular case, need not to expressly state -

  1. Whether, in opinion of auditor, proper books of account as required by law have been kept by the company

  2. Whether the company's balance sheet and profit and loss account dealt with by the report are in agreement with the books of account and returns.

  3. Whether books of account gives true and fair view

  4. Whether fit and proper person are appointed in the board of the company.


Correct Option: A

"Casual Vacancy" in relation to auditor means vacancy which arises due to -
1. Resignation
2. Death
3. Disqualification of auditor
Select the correct answer from the options given below -

  1. 1 and 2

  2. 1 and 3

  3. 2 and 3

  4. All 1, 2 and 3


Correct Option: A

Which of the following shall be eligible for appointment as an auditor of a company as per Section 141(3) of the Companies Act, 2013?

  1. An officer or employee of the company

  2. A person who, or his relative or partner is indebted to the company, or its subsidiary, or its holding or associate company or a subsidiary of such holding company, in excess of Rs. 5 Lakhs

  3. A person whose relative hold security or interest in the company of face value not exceeding Rs. one lakh

  4. None of the above


Correct Option: A

Which of the following services can be rendered by auditor of the company as per Section 144 of the Companies Act, 2013?

  1. Accounting and book keeping services

  2. Investment advisory services

  3. Investment banking services

  4. None of the above


Correct Option: A

As per Section 141(1) of the Companies Act, 2013, a person shall be eligible for appointment as an auditor of a company only if he is a -

  1. Chartered Accountant

  2. Company Accountant

  3. Statuary Auditor

  4. Chartered Accountant & Company Secretary


Correct Option: A

Which of the following shall NOT be eligible for appointment as an auditor of a company as per Section 141(3) of the Companies Act, 2013?
(I) A body corporate
(II) Limited liability partnership
(III) An officer of the company
(IV) An employee of the company
(V) A person who is a partner of an officer or employee of the company
(VI) A person who is in the employment of an officer or employee of the company
(VII) A person who is indebted to the company in excess of Rs. 2 Lakhs but below Rs. 5 Lakhs
The correct answer is -

  1. (I), (II), (III), (IV), (V) & (VI)

  2. (I), (II), (III), (IV) & (VII)

  3. (II), (III) & (VII)

  4. (I), (III), (IV), (V) & (VI)


Correct Option: A

Prof. Goodhart says that ration decidendi is nothing more than the decision based on the ............... of the case.

  1. important facts

  2. material facts

  3. legal facts

  4. fact in issue


Correct Option: B

The auditors are appointed equity shareholders in certain cases auditor can be appointed by -
(i) Directors
(ii) Central Government
(iii) Debenture holders
The correct answer is -

  1. (i) only of the above

  2. (i) or (iii) of the above

  3. (i) or (ii) of the above

  4. (i), (ii) or (iii) of the above


Correct Option: A

Which of the following section of the Companies Act, 2013 contains the provision relating to disqualification of auditor?

  1. Section 139(3)

  2. Section 141(5)

  3. Section 141(3)

  4. Section 139(5)


Correct Option: A

Which of the following section of the Companies Act, 2013 contains provisions as regards to qualification of auditors?

  1. Section 131

  2. Section 124

  3. Section 224

  4. Section 141


Correct Option: A

Company .............. to send any intimation of appointment of first auditor to the Registrar of companies (ROC).

  1. is required

  2. is not required

  3. shall

  4. must


Correct Option: A

The company shall inform the auditor concerned of his or its appointment, and also file a notice of such appointment, and also file a notice of such appointment with the Registrar within _____ of the meeting in which the auditor is appointed.

  1. 7 days

  2. 15 days

  3. 30 days

  4. 45 days


Correct Option: A

Section 139(1) of the Companies Act 2013 provides that____________must appoint an auditor.

  1. Only public company

  2. Only private company

  3. Every one man company

  4. Every company


Correct Option: D

Section 139(1) of the Companies Act, 2013 provides that every company must appoint ............... as an auditor.
(I) An Individual
(II) A firm
(III) A firm having at least three partners
(IV) Body corporate
The correct answer is -

  1. (I) & (III) only

  2. (II) & (IV) only

  3. (I) & (II) only

  4. (I), (III) & (IV) only


Correct Option: A

Where the corporate veil has been used for commission of fraud or improper conduct, Courts have lifted the veil and looked at the realities of die situation. In relation to this, which of the following case law can be quoted?

  1. Connors Bros. vs. Connors

  2. Daimler Co. Ltd. vs. Continental Tyre & Rubber Co.

  3. The Workmen Employed in Associated Rubber Industries Limited, Bhavnagar vs. The Associated Rubber Industries Ltd., Bhavnagar and another

  4. Gilford Motor Co. vs. Horne


Correct Option: D

Section 139(1) of the Companies Act, 2013 provides that every company must appoint an individual or a firm as an auditor who shall hold office from the conclusion of that meeting till the conclusion of its _______ and thereafter till the conclusion of every _______ and the manner and procedure of selection of auditors by the members of the company at such meeting shall be such as may be prescribed however the company shall place the matter relating to such appointment for ratification by _______ at every ________

  1. sixth annual general meeting; fifth meeting; members; fifth annual general meeting

  2. sixth annual general meeting; sixth meeting; board of directors; board meeting

  3. fifth annual general meeting; fifth meeting; members; extraordinary general meeting

  4. sixth annual meeting; sixth meeting; members; annual general meeting


Correct Option: A

As per section 141(4) of the Companies Act, 2013 where person appointed as an auditor of a company incurs any of the disqualifications mentioned in section 141(3) after his appointment, he_________his office has such auditor and such vacation shall be deemed to be a _________in the office.

  1. may vacate; casual vacancy

  2. may vacate;ordinary vacancy

  3. shall vacate;casual vacancy

  4. shall vacate;special vacancy


Correct Option: C

Under Section 143(2) of the Companies Act, 2013 the auditor shall make a report to the ............. of the company.

  1. managing directors

  2. board of directors

  3. members and board of directors

  4. members


Correct Option: A

An auditor may function as___________
      (I) An employee
      (II) an independent professional
The correct answer is-

  1. (I) only

  2. (II) only

  3. (I) or (II)

  4. Neither (I) nor (II)


Correct Option: C

In which one of the following cases has the court applied the doctrine of lifting the veil to determine distinct personality of corporation?

  1. Salomon vs. Salomon

  2. Johnson vs. Kenedy

  3. Moors vs. Burke

  4. Young vs. Hichens


Correct Option: A

Match the pairs.

List I List II
(i) ictus reus (1) the grounds of decision
(ii) obiter dictum (2) A guilty mind
(iii) ratio decidendi (3) Guilty act
(iv) mens rea  (4) An opinion of law not necessary to the decision
(5) Signifies a right to be heard
  1. (i)-2, (ii)- 5, (iii)- 1, (iv) - 3

  2. (i)-3, (ii)- 1, (iii)- 4, (iv) - 2

  3. (i)-3, (ii)- 4, (iii)- 1, (iv) - 2

  4. (i)-4, (ii)- 5, (iii)- 2, (iv) - 3


Correct Option: C

Sub rosa means _______

  1. done publically

  2. confidentially

  3. done in secret

  4. (B) or (C)


Correct Option: D
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