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New Companies Act

Description: Easy way to understand new Companies Act,2013.
Number of Questions: 15
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Tags: Companies Act Company Law
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What is the maximum number of members in a private company, as per new Companies Act, 2013?

  1. 70

  2. 50

  3. 200

  4. 250

  5. 100


Correct Option: C
Explanation:

This is the new limit as per Companies Act, 2013.

Who has the authority to decide the remuneration of the first auditors?

  1. The members at the general meeting

  2. The Central Government

  3. The auditors themselves

  4. The board

  5. The CAG


Correct Option: D
Explanation:

The board members can fix the remuneration of the first auditors.

Which of the following classes of companies is covered under rotation scheme of auditors?

  1. Unlisted public companies having paid up capital of Rs. 5 crore or more

  2. Private companies having paid up capital of Rs. 20 crore or more

  3. All companies having public borrowing from financial institution, banks or public deposits of Rs. 20 crore or more

  4. All private companies

  5. Only for public companies


Correct Option: B
Explanation:

Rotation scheme of auditors is applicable to private companies having paid up capital of Rs. 20 crore or more as per Section 139 of Companies Act, 2013.

If any relative of the auditor holding interest on security whose face value exceeds ________, then the auditor is disqualified from being appointed as auditor.

  1. Rs. 10

  2. Rs. 100

  3. Rs. 1,000

  4. Rs. 10,000

  5. Rs. 1,00,000


Correct Option: C
Explanation:

If any relative of the auditor holding interest on security whose face value exceeds Rs. 1,000, then the auditor is disqualified from being appointed as auditor as per section 141 of Companies Act, 2013.

Who has to appoint the first auditor of a Government company?

  1. The Central Government

  2. The State Government

  3. The Board of Directors

  4. The members

  5. The Comptroller and Auditor General of India


Correct Option: E
Explanation:

By CAG, within 60 days of registration of the company as per Section 139(7) of Companies Act, 2013.

What is the time limit prescribed under the New Companies Act for appointment of subsequent auditor of a Government company?

  1. Within 180 days from the commencement of financial year

  2. Within 6 months from the commencement of the financial year

  3. Within 180 days from the end of the previous financial year

  4. Within 6 months from the end of the previous financial year

  5. Within 1 year from the end of the previous financial year


Correct Option: A
Explanation:

CAG has to appoint the subsequent auditor of a Govt. Company within 180 days from the commencement of financial year.

Who has to appoint the subsequent auditors of a Govt. Company?

  1. Board

  2. Members at AGM

  3. Central Government

  4. State Government

  5. CAG


Correct Option: E
Explanation:

CAG has to appoint auditors within 180 days from the commencement of the financial year.

Mr. A (practicing CA) is a partner in XYZ Associates as well as ABC Associates. XYZ Associates retired under rotation as per section 139 (2). The company decides to appoint ABC Associates as the next auditor. Can the company do so?

  1. Yes

  2. No

  3. Yes but Mr. A can not sign the audit report

  4. Yes and Mr. A can sign the audit report

  5. Company can appoint other partners in ABC Associates except Mr. A


Correct Option: B
Explanation:

As per section 139 (2) of Companies Act,2013, proposed audit firm having partner who is also a partner in the retiring audit frim is ineligible to act as the auditor of the company

What is the time limit within which any existing listed company is required to comply with mandatory requirement of rotating their auditor?

  1. Within 3 years from the commencement of Companies Act, 2013

  2. Within 2 years from the commencement of Companies Act, 2013

  3. Within 1 year from the commencement of Companies Act, 2013

  4. Within 4 years from the commencement of Companies Act, 2013

  5. Immediate compliance is required


Correct Option: A
Explanation:

As intimated by Ministry of Corporate Affairs, under section 139(2) of Companies Act, 2013.

What is the time limit within which CAG shall appoint auditor in case of casual vacancy in a Govt. Company?

  1. 30 days

  2. 31 days

  3. 1 month

  4. 60 days

  5. 90 days


Correct Option: A
Explanation:

30 days is the limit under section 139(8)(ii) of Companies Act, 2013.

What is the section under which the meaning of Accounting Standards is prescribed under New Companies Act, 2013?

  1. Section 211(3B)

  2. Section 211(3C)

  3. Section 132

  4. Section 133

  5. Section 127


Correct Option: D
Explanation:

It prescribes the meaning of the expression "Accounting Standards".

What is the rotation period prescribed under the New Companies Act for auditors?

  1. Individual & firm - 5 years

  2. Individual - 5 years & firm - 10 years

  3. Individual & firm - 10 years

  4. Individual - 10 years & firm - 15 years

  5. Individual & firm - 15 years


Correct Option: B
Explanation:

As per Section 139 of Companies Act, 2013, individual auditor has to retire by rotation in 5 years and the firm has to retire by rotation in 10 years.

What is the penalty for not filing statement showing reason for resignation as auditor with ROC or CAG within 30 days?

  1. Rs. 50,000

  2. Rs. 5,00,000

  3. Rs. 50,000 to Rs. 5,00,000

  4. Rs. 10,00,000

  5. Rs. 50,000 to Rs. 10,00,000


Correct Option: C
Explanation:

As per Section 140(2) of Companies Act, 2013, penalty will be levied between Rs. 50000 to Rs. 500000.

In case of Govt. Companies, what is the period within which the auditor is required to file a statement specifying the reasons and fact of resignation with ROC and company or CAG?

  1. 30 days

  2. 31 days

  3. 1 month

  4. 150 days

  5. 180 days


Correct Option: A
Explanation:

30 days is time limit as per sec 140 of Companies Act, 2013.

Financial year as defined by New Companies Act, 2013 is from ______________________.

  1. April to March

  2. January to December

  3. Any 12 months

  4. Any 15 months

  5. March to February


Correct Option: A
Explanation:

It is defined in section 2(41) of the Companies Act, 2013.

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