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Promotion and formation of a company - class-XI

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 Experts who help promoters in the promotion of a company are also called promoters.

  1. True

  2. False


Correct Option: B
Explanation:

Expert do not become promoter, because they are assisting the promoters in various works or studies for which they charge fees. Hence experts who assists promoters in promotion of the company will not be called as promoters.

Minimum number of members to form a public company is ________.

  1. 5

  2. 7

  3. 12

  4. 21


Correct Option: B
Explanation:

Public company is the company who has a minimum paid up share capital of Rs. 5 Lac. Hence, as prescribed by the Companies Act the minimum members to form a public company is 7.

Minimum number of members to form a private company is  _______.

  1. 2

  2. 3

  3. 5

  4. 7


Correct Option: A
Explanation:

The minimum number of members needed to form a private company is at least 2 members. The minimum number of members needed to form a Public Company is at least 7 members. The Maximum number of members in a Private Company is restricted to 200. The Public Company have no restriction on a maximum number of members.

The software company promoted by Nayayan Murthy is __________.

  1. Wipro

  2. Infosys

  3. Satyam

  4. HCL


Correct Option: B
Explanation:

Narayanmurthy and six software professionals founded Infosys in 1981 with an initial capital injection of Rs 10,000, which was provided by his wife Sudha MurthyNarayanmurthy served as the CEO of Infosys for 21 years from 1981 to 2002 and was succeeded by co-founder Nandan Nilekani.

Memorandum of association of a firm contains ____________.

  1. rules regarding the internal management of the company

  2. rules regarding the constitution and activities of the company

  3. rules regarding the external management

  4. rules regarding the constitution


Correct Option: B

Operating leverage examines _________________________.

  1. The effect of the change in the quantity on EBIT

  2. The effect of the change in EBIT on the EPS of the company

  3. The effect of the change in output to the EPS of the company

  4. The effect of change in EPS on the output of the company


Correct Option: A

The duties of Company Secretary s regarding company meetings are restricted upto _______________.

  1. Before company meeting

  2. During company meeting

  3. After company meeting

  4. ln all the above situations


Correct Option: D

State, with reasons, whether the following statements are True and False.
The objective of SEBI is to protect interest of the companies.

  1. True

  2. False


Correct Option: B
Explanation:

False. 
Reasons: The main objectives of SEBI are as under. 
1. To promote fair dealing by the issue of securities and to ensure a market place where (they) companies or institutions can raise funds at relatively low cost. 
2. To provide protection to the investors and protect their rights and interests so that there is a steady flow of savings into the market. 
3. To regulate and develop a code of conduct and fair practices by intermediaries like brokers etc. with a view to make them competitive and professional. 
4. It aims at protection to investors and safeguard the rights and interest of small to big investors alike. 
5. It aims to provide a code of conduct of all the players in the market like brokers and provide the best of professional and competitive atmosphere in the Indian Capital market. 
6. 6. SEBI therefore is more pro investor than pro company. 

Which of the following is / are true?

  1. A company following an aggressive working capital policy will finance its current assets more from long-term sources

  2. A company following a conservative working capital policy will finance its current assets from long-term sources

  3. A company having a conservative working capital policy will have a higher current ratio than one following an aggressive working capital policy.

  4. Both (A) and (C) above

  5. Both (B) and (C) above


Correct Option: E
Explanation:

The investment in current assets for a given level of forecasted sales will be higher if the management follows a conservative attitude. Hence statements (B) and (C) are true.

The success of the company is measured by its ______________.

  1. Current profits

  2. Long-term growth

  3. Expected profits

  4. Both (A) and (B)


Correct Option: D
Explanation:
  1. Look At Your Business's Financial Statements.
  2. Check Customer Satisfaction.
  3. Average How Many New Customers You Get.
  4. Conduct Performance Reviews.
  5. Stay Current On The Market.
  6. Assess Your Own Expectations
  7. Current profits
  8. 8. Long term growth

A company has separate legal status.

  1. True

  2. False


Correct Option: A
Explanation:

the principle of the separate legal personality of a company has become a vital part of company law.while the company legal relationships until that time had been principally based on transactions and activities between ‘natural’ or ‘real’ persons, namely human beings, from that time forward these legal relationships have been increasingly extended also to relations with company, as ‘legal’ personality. Thus, the principle of separate legal personality of a company has conjured up many practical as well as theoretical considerations about its application and correlated consequences

The Registration of a Joint Stock Company is _______.

  1. Voluntary

  2. Compulsory

  3. optional

  4. None of these


Correct Option: B
Explanation:

Registration of the company is optional not compulsory. One can start the business with other ways also rather than registering like acquiring tax license, service tax registration.

Those who initiate formation of a company are called ___________.
  1. underwriters

  2. directors

  3. promoters

  4. None of these


Correct Option: C
Explanation:

When an individual has an idea for a new business venture, he or she may set about interesting others in the venture and persuade them to contribute capital to a company to be incorporate for the purpose of carrying on the venture. The individual will then be described as ‘promoter’ of the company.

A __________ is a person, who discovers the business opportunity.
  1. secretary

  2. promoter

  3. shareholder

  4. director


Correct Option: B
Explanation:

A promoter is a person who discovers the business opportunity. They are the people who conceives the idea of any business. They do all the work related to the incorporation, promotion, flotation and solicit people to invest the money in the company.

The applicants who are allotted shares will be sent ___________ letter.
  1. regret

  2. allotment

  3. enquiry

  4. request


Correct Option: B
Explanation:

Share allotment letter is a document that details and confirms the amount or number of securities allotted to an applicant for a new issue or a rights issue.

A company must start it's business within ___________ of incorporation of company.
  1. one year

  2. nine months

  3. six months

  4. two years


Correct Option: A
Explanation:

After the documents for incorporation are filed, the ROC calls the attorney on a specific date for scrutiny and making the corrections in the MOA and AOA filed. 

On complying with the same, the certificate of incorporation is granted to the attorney. After receiving incorporation letter company must start its business within one year from the date of A functional of incorporation letter.

The second stage in the formation of a company is _________.
  1. promotion

  2. capital raising

  3. incorporation

  4. registration


Correct Option: C
Explanation:

Incorporation or registration is the second stage in the formation of a company. It is the registration that brings a company into existence. A company is properly constituted only when it is duly registered under the Act and a Certificate of Incorporation has been obtained from the Registrar of Companies.

State the following statement is True or False:
The certificate issued by the registrar of a companies for registration of a company is the certificate of incorporation.

  1. True

  2. False


Correct Option: A
Explanation:

True

A certificate of incorporation is a legal document relating to the formation of a company or corporation. This is issued by the registrar of companies after registering the company. When the registrars fully satisfied with the documents of the company, the registrars of company and issues a certificate of incorporation signifying the birth of the company.

Share Certificate must be issued within ______ months from the date of allotment of shares.
  1. two

  2. six

  3. nine

  4. ten


Correct Option: A

Write a word or a term or a phrase which can substitute the following statement.
The person who initiates scheme of formation of company.

  1. Investor

  2. Promoter

  3. Shareholder

  4. Proprietor


Correct Option: B
Explanation:

A  promoter is a  person who does the preliminary work incidental to the formation of a company, including its promotion, incorporation, and flotation, and solicits people to invest money in the company, usually when it is being formed.

Company can be registered without Memorandum of Association. 
  1. True

  2. False


Correct Option: B
Explanation:
(i) The Memorandum of Association is a basic or fundamental or primary document of a company. 

(ii) The Memorandum of Association lays down the ranges of its activities. 

(iii) It is a public document and can be inspected by those who deal with the company. 

(iv) It states the nature of the business activities to be conducted by the company. 

(v) It defines the relationship between the company and the outsiders.

(v) All companies have to prepare their own Memorandum of Association. 

(vii) It is a charter on the Constitution of company. 

(viii) It defines the limitation and powers of the company. 

(ix) No company can be formed without Memorandum of Association. 

(x) Memorandum of Association is submitted to the Registrar of Companies for registration i.e. for getting Certificate of Incorporation. 
So, a company cannot be registered without Memorandum of Association.

Write a word, term or a phrase which can substitute the following statement:
An authority that issues a Certificate of Incorporation.

  1. Official Liquidator

  2. Registrar of Company

  3. Central government

  4. None of these


Correct Option: B
Explanation:

According to Rule 36(13) of the Companies Incorporation Rules, 2014, the Certificate of Incorporation shall be issued by the Registrar in Form No. INC-11

The _____ is the representative of the Company Law Board.

  1. Registrar of Companies

  2. Official Liquidator

  3. Advisory Committee

  4. None of these


Correct Option: A
Explanation:

The Registrar of Companies is an office under the Indian Ministry of Corporate Affairs that deals with administration of the Companies Act 1956 and Companies Act, 2013. There are currently 22 Registrars of Companies operating from offices in all major states of India

Select the correct option given below :

The first auditors of the company are appointed by the _________.

  1. Secretary

  2. Promoters

  3. Manager

  4. None of these


Correct Option: B
Explanation:

The first directors of the company are usually appointed by the promoters in the manner laid down by the company's articles. The first directors can hold office only till the first annual general meeting of the company when they will be replaced by directors appointed by the company at this meeting.

The appointment of bankers of a company is made by the _________.
  1. Board of directors

  2. Promoters

  3. Shareholders

  4. All of above


Correct Option: A

Registration is compulsory for ________.

  1. club

  2. company

  3. HUF

  4. proprietorship


Correct Option: B
Explanation:

Mandatory Company Registration. Hence, a business with any amount of turnover or capital can be operated as a Proprietorship or Partnership or Limited Liability Partnership or Private Limited Company. However, the Companies Act 2013, does require mandatory company registration

The companies are governed by the Companies Act _________.

  1. 1956

  2. 1936

  3. 2013

  4. 1856


Correct Option: C
Explanation:

Companies Act 2013. An Act to consolidate and amend the law relating to companies. The Companies Act 2013  is an Act of the Parliament of India on Indian Company Law which regulates incorporation of a company, responsibilities of a company, directors, dissolution of a company.

Which of the following can be treated as the official signature of the company?
1. Rubber stamp
2. A common seal
Select correct answer from the options given below:

  1. 1 - Yes

    2 - Yes

  2. 1 - No

    2 - No

  3. 1 - Yes

    2 - No

  4. 1 - No

    2 - Yes


Correct Option: D
Explanation:

A company seal (sometimes referred to as the corporate seal or common seal) is an official seal used by a company. Company seals were predominantly used by companies in common law jurisdictions, although in modern times, most countries have done away with the use of seals.

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 & b

  4. Technology


Correct Option: C
Explanation:

Competition and economic development are two factors that have allowed small companies to act like they are big in this dynamic environment and competitive market.

E-form no. 2 can be signed by___________________.

  1. Attorney entitled to appear before high count

  2. Company secretary in whole time practice

  3. Chartered Accountant in work time practice

  4. All of the above


Correct Option: D
Explanation:
E-form no. 2 can be signed by :
Attorney entitled to appear before high count
Company secretary in whole time practice
Chartered Accountant in work time practice.

Which company was formed by seven engineers with a capital of Rs. 10000____________.

  1. Asian Paints

  2. Bharti Airtel

  3. Infosys

  4. None of the above


Correct Option: C
Explanation:

Infosys was conceived in 1981 in Pune by Narayan Murthy, Nandan Nilekani, N S Raghavan, S Gopalakrishnan, S D Shibulal, K Dinesh and Ashok Arora, all former employees of Patni Computer Systems. The company was started with meager initial capital of Rs 10,000 and was named Infosys Consultants. 

E-form no. 32 is filled for________________.

  1. Appointment of director

  2. Appointment of manager

  3. Appointment of secretary

  4. All of the above


Correct Option: D
Explanation:

E- form 32 is generally filled with registrar for conforming appointment of director, manager, or secretary of company.

A company created jointly by two or more companies for mutual advantage is called _____________.

  1. Consolidation

  2. Merger

  3. Joint Venture

  4. None of the above


Correct Option: A
Explanation:

Action or process of combining two or more companies into a single more effective or coherent whole known as consolidation.

An act is said to be ultra vires Company when it is beyond the powers___________.

  1. of the Company,

  2. of the Directors,

  3. of the Directors but not the Company,

  4. Conferred on the Company by the Articles.


Correct Option: D
Explanation:

 In corporate law, ultra vires describes acts attempted by a corporation that are beyond the scope of powers granted by the corporation's objects clause, articles of incorporation or in a clause in its Bylaws, in the laws authorizing a corporation's formation, or similar founding documents.

Which of the following is benefit from Incorporation of a Company?

  1. Loss of Privacy

  2. Possibility of Frauds

  3. Greater Public Accountability

  4. Independent Legal Entity


Correct Option: D
Explanation:
Separate Legal Entity:
Under Company law, a company becomes a separate legal entity as compared to its members. The company is distinct and different from its members in law. It has its own seal and its own name, its assets and liabilities are separate and distinct from those of its members. It is capable of owning property, incurring debt, and borrowing money, employing people, having a bank account, entering into contracts and suing and being sued separately.

Contracts which entered into, by Agents or trustees on behalf of a prospective Company before it has come into existence are called _______________.

  1. Provisional Contracts

  2. Pre-Incorporation Contracts

  3. Both Provisional and Pre-Incorporation Contracts

  4. None of the above


Correct Option: B
Explanation:
As the name stands, these contracts are made before the formation of a company. For the formation of the company, the promoters are required to enter into various contracts with third parties e.g. purchasing some property or hiring the services of professions like lawyers, technicians, etc.

After the incorporation of the company such contracts are not attached to the company, as the company obtains legal entity status only after its incorporation.

Which of the following can be treated as the official signature of the company?
$1.$ Rubber stamp
$2.$ A common seal
Select correct answer from the options given below.

  1. Either 1 or 2

  2. Only 1

  3. 1 and 2

  4. Only 2


Correct Option: D
Explanation:
A company being an artificial person cannot sign for itself. A seal with the name of the company embossed on it acts as a substitute for the company’s signatures. The company gives its assent to any contract or document by the common seal. A document which does not bear the common seal of the company is not binding on it.

A company may allot fully paid shares to promoters or any other party for the services rendered by them, share capital account is credited and ___________ debited.

  1. Preliminary expenses account

  2. Goodwill account

  3. Capital reserve account

  4. Suspense account


Correct Option: B

If a company makes default in holding AGM, then fine imposed on the company & every officer of the company who is in default is upto ___________.

  1. 25,000

  2. 50,000

  3. 5,000

  4. 1,00,000


Correct Option: D
Explanation:

If a company makes default in holding an annual general meeting.

Fine which may extend to Rs. 1,00,000 on the company and every officer of the company who is in default may be levied and for continuing default, with a further fine of Rs. 2500 per day during which the default continues may be levied.

Under the Companies Act, which of the following powers can be exercised by the Board of Directors ____________________.

  1. Power to sell any of the companies undertakings

  2. Power to make calls

  3. Power to borrow in excess of paid up capital

  4. Power to appoint an auditor


Correct Option: B
Explanation:
The Board of Directors of a company can exercise the following powers on behalf of the company only by means of resolutions passed at meetings of the Board:

To make calls on shareholders in respect of money unpaid on their shares;
To authorize buy-back of securities under section 68;
To issue securities, including debentures, whether in or outside India;
To borrow monies;
To invest the funds of the company;
To grant loans or give guarantee or provide security in respect of loans;
To approve financial statement and the Board’s report;
To diversify the business of the company;
To approve amalgamation, merger or reconstruction.

MCA stands for ___________.

  1. Ministry of Corporate affairs

  2. Manager of Company Acts

  3. Ministry of Corporate

  4. None of the above Administration


Correct Option: A
Explanation:

MCA stands for Ministry of Corporate Affairs.

MCA regulates corporate affairs in India through the Companies Act, 1956, 2013 and other allied Acts, Bills and Rules. MCA also protects investors and offers many important services to stakeholders. 

A company is a _________ on the other hand a club is a ____________.

  1. Trading association, non trading association

  2. Non trading association, trading association

  3. Trading association, trading association

  4. None of these


Correct Option: A
Explanation:

Generally company used to indulge in activities of trading of goods and services whereas club indulge in non trading activities.

Secretarial Compliance Report is ___________________.

  1. optional for a company

  2. required when a company does not have a whole-time secretary

  3. required if a company is not required to employ a whole time secretary and has a paid-up share capital of Rs. 10 lakh or more

  4. required for companies as are notified by the Central Government


Correct Option: C

Which of the following is a part of top management?

  1. The board of directors

  2. Chief executive

  3. Both (a) and (b)

  4. Manager


Correct Option: C
Explanation:

Top level management consists of chairman, board of directors, CEO etc. Top level management has those persons who are important for leading and directing the efforts of other people.

Which of the following taxes has reduced the net earnings of companies?

  1. Sales tax

  2. Capital gains tax

  3. Wealth tax

  4. Corporate income tax


Correct Option: D
Explanation:

An assessment levied by a government on the profits of a company. The rate of corporate income tax paid by a business varies between countries, although since corporations are legal entities distinct from their owners and operators, they are typically taxed as if they were people.

Therefore corporate income tax has reduced the net earnings of companies.

Registration is ________ for every company.

  1. voluntary

  2. compulsory

  3. optional

  4. none of these


Correct Option: B
Explanation:

The registration is compulsory for every company under the Company Act, 2013.

The promoters are __________ of the company.
  1. shareholders

  2. directors

  3. pioneers

  4. none of these


Correct Option: C
Explanation:

Promoters are those person who is among the first to explore or settle a new company hence they might be called as pioneers.

State the following statement is True or False:
The second stage in the formation of a Joint Stock Company is incorporation.

  1. True

  2. False


Correct Option: A
Explanation:

True

Incorporation or registration is the second stage in the formation of a company. It is the registration that brings a company into existence. A company is properly constituted only when it is duly registered under the Act and a Certificate of Incorporation has been obtained from the Registrar of Companies.

The Registrar of Companies issues incorporation certificate to the company.

  1. True

  2. False


Correct Option: A
Explanation:

This statements is true,due to the following reasons:


(i) "Registrar " means a registrar,an additional, a joint, a deputy or an assistant registrar , having the duty of registering companies under this act.


(ii) They area appointed in each state by the Central Government.

(iii) The Registrar is a statutory authority under the Companies Act.

(iv) His appointment is made under section 609(2) of the Companies Act and is responsible  for the administration of the company law in his states.

(v) The Registrar of companies has to carry out routine functions  relating to company law  administration.

(vi) He has, therefore been given wide power by the Company Law Board.

(vii) He also performs different functions like to receive notices, returns, reports and record prospectus to be filed by the companies.

(viii) To inspect the Documents, Register, Financial records etc. of a company at any time. 

(ix) To record alteration of Memorandum and Articles of Association of the company.

(x) To issue the Certificate of Incorporation and the Certificate of  Commencement of Business is also the function of the Registrar of companies.

Match the Groups :

(II) Group 'A' Group 'B'
(i) Registrar of Companies (a) Six
(ii) Advisory Committee (b) Disposal of assets of company
(iii) Company Law Board (c) Five members
(iv) Number of Regional Directors (d) Purchase of assets of company
(v) Official Liquidator (e) Nine members
(f) Trading Certificate
(g) Seven members
(h) Eight
(i) Four members
(j) Head of Companies
  1. (i - f), (ii - c), (iii - e), (iv - a), (v - b)

  2. (i - h), (ii - c), (iii - e), (iv - j), (v - b)

  3. (i - f), (ii - g), (iii - i), (iv - a), (v - b)

  4. (i - a), (ii - c), (iii - j), (iv - h), (v - b)


Correct Option: A
Explanation:

The correct matches of the groups are:

Registrar of Companies is a trading certificate.
Advisory committee have Five members.
Company Law Board have Nine members.
Number of Regional Directors are six in number.
Official liquidator job is to dispose of assets of company.  

The working of Registrar of Companies of a region is supervised by ________.

  1. Court

  2. Advisory Committee

  3. Regional Directors

  4. Shareholders


Correct Option: C
Explanation:

The seven regional registrar of companies are in charge of the respective regions each region comprising a number of States and Union Territories. They supervise the working of registrars of the companies in their region . They also maintain a liaison between the respective State government and the Central government in matters relating to the administration of the Companies Act.

The Company Law Board consists of not more than ________ members.

  1. seven

  2. nine

  3. six

  4. ten


Correct Option: B
Explanation:

The Company Law Board shall consist of such number of members, not exceeding nine, as the Central Government deems fit, to be appointed by that Government by notification in the Official Gazette

The Company Law Board has ________ members.

  1. four

  2. five

  3. eight

  4. nine


Correct Option: D
Explanation:

According to the Company Act 2013 , The Company Law Board has nine members.

The Company Law Board has set up ________ regional offices.

  1. four

  2. six

  3. seven

  4. eight


Correct Option: B
Explanation:

The Company Law Board has set up six regional offices across the country to regulate different regions.

Every company has it's own Articles of Association. 
  1. True

  2. False


Correct Option: B
Explanation:
(i) Articles of Association states the rules and regulations of a company. 
(ii) It is framed for internal management of the company. 
(iii) It deals with the rights of the members of company. 
(iv) Articles are subordinate to the Memorandum of Association. 
(v) It states the relationship between the company and its members, staff, etc. (vi) Articles of Association defines how the business of the company should be carried on. 
(vii) Articles of Association are governed by Memorandum of Association. 
(viii) The Articles of Association being an important document is required to be filed with the Registrar of Companies. 
(ix) The preparation and filing of Articles of Association is compulsory in case of Private Limited Company by guarantee and an Unlimited Company. 

Who is the head of Company Law Board?

  1. Chairman

  2. President

  3. Governor

  4. None of these


Correct Option: A
Explanation:

Chairman is the head of the company law board. Hon'ble Chief Justice Shri Mahesh Mittal Kumar is the Chairman at present. 

Write a word or a term or a phrase which can substitute the statement:
The authority that has right to issue incorporation certificate to the company.

  1. An official liquidator

  2. Regional Director

  3. Registrar of Companies

  4. None of these


Correct Option: C
Explanation:

The Registrar of Companies (ROC) is an office under the Indian Ministry of Corporate Affairs that deals with administration of the Companies Act 1956 and Companies Act, 2013. There are currently 22 Registrars of Companies (ROC) operating from offices in all major states of India

Select the correct option given below :

Remuneration paid to the Managing Director shall not exceed ___ of the net profit.

  1. 5 %

  2. 10 %

  3. 11 %

  4. 15%


Correct Option: A
Explanation:

Managerial Persons covered are Managing Director, Whole-time  Director, Part time Directors and managers who shall be paid remuneration subject to and in accordance with provisions of Section 197 of the Companies Act, 2013. As compared to various sections and chapters viz section 198, 309, etc of Companies Act, 1956 which deals with Managerial remunerations separately, the new Act has solved this issue by consolidating all provisions under a single provision of 197. According to  Companies Act, 2013 remuneration paid to the managing director shall not be exceed 5% of the net profit. 

The policies of a company are framed by the __________.
  1. Secretary

  2. Managing Director

  3. Board of Directors

  4. None of these


Correct Option: C
Explanation:

The policies of a company are framed by the Board of Directors. The board of directors have a very defined role and responsibilities within the business organisation. The board has the responsibility of developing a governance system for a business i.e they make the policies of the organisation.

The maximum term at a time for appointment of managing director is _________ year. 
  1. two

  2. three

  3. five

  4. six


Correct Option: C
Explanation:

The maximum term for the appointment of a director is five year. An independent director can be appointed for a period of consecutive five years. Such directors can be re appointed after passing a special resolution by the board for a period of another five years.

The persons or the body of the persons appointed to inspect the books of accounts of the company are called _______ of a company.

  1. Directors

  2. Secretary

  3. Auditors

  4. None of these


Correct Option: C
Explanation:
According to Section 139 of the Companies Act 2013, every Company shall at the First Annual General Meeting appoint an Individual or firm as an Auditor who shall hold office from the conclusion of this meeting until the conclusion of sixth Annual general Meeting. A person shall be qualified to be appointed as an auditor of a Company only if he is a Chartered Accountant. Such an auditor is given with the powers to inspect the accounts of the company to make sure that the financial statements give a true and fair few of the transactions.

A person who is purchases share of the company is called____________.

  1. Manager

  2. Secretary

  3. Shareholder

  4. Director


Correct Option: C
Explanation:

Shareholder is a person that owns shares of a company. They can be equity shareholders or preference shareholders. A person who purchases share of he company is called a shareholder.

One who acts as a manager and as a Director is the _______.
  1. Board of directors

  2. Secretary

  3. Managing Director

  4. None of these


Correct Option: C
Explanation:
Managing Director is the key managerial personnel of a company who represents the company and takes relevant and crucial decisions for the company. Managing Director is granted with powers to manage, by the Board.
Shareholders elect a team of members that represent the interests of shareholders and manages the company on behalf of the shareholders. They collectively form the Board of Directors which is headed by the Chairman or Chairperson.
Company Secretary is also a key managerial personnel of a company who is a link between the Board of Directors, shareholders, and government/regulatory authorities. He/She ensures that the procedures are followed and reviewed regularly, besides providing guidance on the responsibilities of Directors and Chairman.
A body of elected representatives of shareholders of a company is called ______________.
  1. Board of Directors

  2. Managing Directors

  3. Secretary

  4. None of these


Correct Option: A
Explanation:
Shareholders elect a team of members that represent the interests of shareholders and manages the company on behalf of the shareholders. They collectively form the Board of Directors which is headed by the Chairman or Chairperson.
Managing Director is the key managerial personnel of a company who represents the company and takes relevant and crucial decisions for the company. Managing Director is granted with powers to manage, by the Board.
Company Secretary is also a key managerial personnel of a company who is a link between the Board of Directors, shareholders, and government/regulatory authorities. He/She ensures that the procedures are followed and reviewed regularly, besides providing guidance on the responsibilities of Directors and Chairman.
The auditors are appointed for a period of _______at a time.
  1. one year

  2. two years

  3. three years

  4. four years


Correct Option: A
Explanation:

According to Section 139 of the Companies Act 2013, every Company shall at the First Annual General Meeting appoint an Individual or firm as an Auditor who shall hold office from the conclusion of this meeting until the conclusion of sixth Annual general Meeting.

A person who is qualified to carry out audit work of a company is called _____________.
  1. Auditor

  2. Secretary

  3. Director

  4. None of these


Correct Option: A
Explanation:
1.An auditor is the person who prepares an independent report for the shareholders of the company. He/She is given the powers to audit the books of accounts of the company. A person shall be eligible for appointment as an auditor of a company only if he is a Chartered Accountant.
2.Company Secretary is also a key managerial personnel of a company who is a link between the Board of Directors, shareholders, and government/regulatory authorities. He/She ensures that the procedures are followed and reviewed regularly, besides providing guidance on the responsibilities of Directors and Chairman.
3.Director is the managerial personnel of a company who represents the company and takes relevant and crucial decisions for the company.

The Registrar of Companies is appointed by the _________.

  1. State Government

  2. Central Government

  3. Local Government

  4. None of these


Correct Option: B
Explanation:

The Registrar of Companies is appointed by Central Government with the power vested under Section 396 of the Companies Act 2013 the Central Government registrar and additional, joint, deputy, and assistant registrars for various states and union territories in India. Apart from the primary companies incorporated in the respective states and the union territories, Registrar of Companies is also responsible for ensuring that the companies comply with statutory requirements under the said Act .

An auditor has the right to communicate the audit results to _______.

  1. employers

  2. some other auditor

  3. company

  4. a and c


Correct Option: C
Explanation:

An auditor is the person who does the audit of the company. He makes the financial statements of the company. He communicates the audit results tot he company so that the company may know about the frauds and errors in the statement.

DIN is a unique identification number for _______.

  1. existing director of the company

  2. person intending to become director of the company

  3. existing Chairman of the company

  4. both a and b


Correct Option: D
Explanation:

DIN is an unique identification number given to an existing or a potential director of any company which is incorporated. Hence, DIN is a unique identification number for existing director of the company and person intending to become director of the company.

Company is defined under which section of the companies act?

  1. Section 3(1)

  2. Section 4(2)

  3. Section 2(4)

  4. Section 1(3)


Correct Option: A
Explanation:

The company is defined under which section 3(1). 

Management of a business organization should be on compulsory basis in the hands of ________.

  1. shareholders

  2. workers

  3. both a and b

  4. none of the above


Correct Option: A
Explanation:

Shareholders are the owners of the business. They look over all the operations of the business. They are simply managers of the business. Hence, the management of a business organization should be on compulsory basis in the hands of shareholders.

For several reasons, it is important to determine whether or not a person is a promoter. Which one of the following reasons is not valid?

  1. Promoters owe fiduciary duties to the unformed company.

  2. Promoters are subject to certain provisions contained in the Companies Act.

  3. Promoters may be liable for acts entered into on behalf of the unformed company.

  4. Promoters who sign their name on behalf of an unformed company can face criminal liability if the company is not subsequently fully incorporated.


Correct Option: D
Explanation:

Promoter means a person—

 (a) who has been named as such in a prospectus or is identified by the Company in the annual return referred to in section 92; or
 (b) who has control over the affairs of the Company, directly or indirectly whether as a shareholder, director or otherwise; or

 (c) in accordance with whose advice, directions or instructions the Board of Directors of the Company is accustomed to act
 (d) Promoters owe fiduciary duties to the unformed company.
 (e) Promoters may be liable for acts entered into on behalf of the unformed company.

A company operates its bank account only through _________.

  1. Shareholder

  2. Investors

  3. Persons authorized by the Board of Directors

  4. Company Secretary


Correct Option: C
Explanation:

Person who are authorized by board of directors are only authorized to operates company bank account.

For several reasons, it is important to be able to determine whether or not a person is a promoter. Which one of the following reasons is not a valid reason?

  1. Promoters owe fiduciary duties to the unformed company.

  2. Promoters are subject to certain provisions contained in the Companies Act.

  3. Promoters may be liable for acts entered into on behalf of the unformed company.

  4. Promoters who sign their name on behalf of an unformed company can face criminal liability if the company is not subsequently fully incorporated.


Correct Option: D
Explanation:

Promoter means a person—

 (a) who has been named as such in a prospectus or is identified by the Company in the annual return referred to in section 92; or
 (b) who has control over the affairs of the Company, directly or indirectly whether as a shareholder, director or otherwise; or

 (c) in accordance with whose advice, directions or instructions the Board of Directors of the Company is accustomed to Act
 (d) Promoters owe fiduciary duties to the unformed company.
 (e) Promoters may be liable for acts entered into on behalf of the unformed company.

XYZ private company had reduced to minimum number of members and continued business more than 6 months. The company's liability will be ______________.

  1. limited

  2. unlimited

  3. no change in liability

  4. all of the above


Correct Option: B
Explanation:

Unlimited liability refers to the legal obligations of general partners and sole proprietors because they are liable for all business debts if the business can't pay its liabilities.

As a promoter is in a fiduciary relationship with the unformed company, he is never permitted to make a profit out of the companys promotion. Statement is true of false.

  1. True

  2. False

  3. It depends on his own wish

  4. None of the above


Correct Option: A
Explanation:

True

The promoter stands in a fiduciary relationship to the corporation and its investors, as well as any co-promoters. Promoters have a fiduciary duty to act in good faith and with utmost honesty, and they must always put the interests of the corporation and its shareholders above their own interests.

Which two types of business structure are created via a process of incorporation?

  1. Companies and sole proprietorships.

  2. Partnerships and limited liability partnerships

  3. A company and limited liability partnerships

  4. Companies and partnerships


Correct Option: C
Explanation:

Of the many business entities that owners consider, limited liability partnerships and limited liability company, company are the most popular which are created via process of incorporation.

Decision on which type of company should be formed depends on _______.

  1. liability

  2. control

  3. both a&b

  4. none of the above.


Correct Option: C
Explanation:
Liability and control are two important things which forms a platform for a company to start its operation.
Liability of shareholders, owners, directors should be fixed. 
Control of company is the most important factor after deciding over the liability.

Who conceives the idea of the business?

  1. Promoters

  2. Directors

  3. Auditors

  4. None of the above


Correct Option: A
Explanation:

A promoter is a someone who conceives the idea of business and works to start that business and make it successful.
A  promoter is a firm or person who does the preliminary work incidental to the formation of a company, including its promotion, incorporation, and flotation, and solicits people to invest money in the company, usually when it is being formed.

Who stands in the fiduciary position of the company?

  1. Directors

  2. Promoters

  3. Auditors

  4. None of the above


Correct Option: B
Explanation:

Certain fiduciary duties, like an agent, have been imposed on him under the Companies Act. As such he is said to be in & fiduciary position (a position full of trust and confidence) towards the company and the original allottee of shares. Consequently, a promoter must make full disclosure of the relevant facts, including any profit made.

One person can never be a quorum ___________.

  1. True

  2. False

  3. Sometimes true

  4. In certain conditions


Correct Option: D
Explanation:

The general rule is that at least two Directors or one-third of the total number of Directors, whichever is higher should be present in order to constitute a quorum of a meeting of the Board and for a General Meeting, at least five members of a company should be personally present in the case of public company (other than a public company which has become such by virtue of section 43A) and at least two members should be personally present in the case of any other company. In exception to the above provisions, there may be valid meeting with 'one person' present. Following are the cases of one-man meeting:

 (a) Where all of the shares of a particular class (Preference Shares) are held by one person, that person can constitute a meeting of preference shareholders., This may also happen in the case of debenture-holders' meeting where all the debentures issued by a company are held by one person. 
(b) Usually the articles of companies authorize the Board of Directors, subject to the provisions of the Companies Act, to delegate any of its powers to a committee consisting of such Director or Directors as it thinks fit, and if there is no stipulation in such delegation in regard to quorum, one person, if he forms such committee, shall constitute a valid meeting of that committee. 
(c) Regulation 75 of Table 'A' of Schedule I provides (and most of the companies' Articles of Association similarly provide) that if the number of Directors is reduced below the quorum fixed by the Act for a meeting of the Board, the continuing Director or Directors may act for the purpose of increasing the number of Directors or for summoning a General Meeting. In such a case, one Director may form a valid meeting for the limited purpose of appointment of a new Director or Directors or for summoning a General Meeting of the company. 
(d) In the event of default of holding an Annual General Meeting of a company in accordance with section 166, Explanation under sub-section (1) of section 167 of the Act provides that with the direction of the 'Company Law Board', one member of the company shall be deemed to constitute a meeting (one member present in person or by proxy). 
(e) If a meeting other than the Annual General Meeting cannot be called according to the manner prescribed by the Act or the articles, Explanation to sub-section (1) of section 186 provides that the Company Law Board may order a meeting to be held by one member present in person or by proxy. 

The values, beliefs and traditions shared by the members of a company is called _____________.

  1. Corporate culture

  2. Consortium

  3. Cross selling

  4. None of the above


Correct Option: A
Explanation:
Corporate culture refers to the beliefs and behaviors that determine how a company's employees and management interact and handle outside business transactions. Often, corporate culture is implied, not expressly defined, and develops organically over time from the cumulative traits of the people the company hires. A company's culture will be reflected in its dress code, business hours, office setup, employee benefits, turnover, hiring decisions, treatment of clients, client satisfaction and every other aspect of operations.

The company has a capacity to sue and be _______.

  1. Incorporated

  2. Sued

  3. Both (a) and (b)

  4. None of the above


Correct Option: B
Explanation:
Under Companies Act, a company becomes a separate legal entity as compared to its members. The company is distinct and different from its members in law. It has its own seal and its own name, its assets and liabilities are separate and distinct from those of its members. It is capable of owning property, incurring debt, and borrowing money, employing people, having a bank account, entering into contracts and suing and being sued separately.

Which of the following are not the disadvantages of incorporation?

  1. Formalities and expenses

  2. Corporate disclosure

  3. Limited liability

  4. Both (a) and (b)


Correct Option: C
Explanation:
Limited Liability:
The liability of the members of the company is limited to contribution to the assets of the company upto the face value of shares held by him. A member is liable to pay only the uncalled money due on shares held by him. If the assets of the firm are not sufficient to pay the liabilities of the firm, the creditors can force the partners to make good the deficit from their personal assets. This cannot be done in the case of a company once the members have paid all their dues towards the shares held by them in the company

Which of the following company is incorporated in a country outside India?

  1. Private Company

  2. Foreign Company

  3. Government Company

  4. None of the above


Correct Option: B
Explanation:
Definition of Foreign Companies under the Act: The Act clearly defines a foreign company under Section 2(42). A foreign company is any company or body corporate incorporated outside India which—
  • has a place of business in India whether by itself or through an agent, physically or through electronic mode; and
  • conducts any business activity in India in any other manner.
Hence, a foreign entity to be considered as a foreign company, has to fulfill both the criteria mentioned above, i.e., having a place of business in any manner specified above, and conducting any business activity in India.

A company may be an ____________.

  1. Incorporated company

  2. Unincorporated company

  3. Both (a) and (b)

  4. None of the above


Correct Option: C
Explanation:
An incorporated business, or a corporation, is a separate entity from the business owner and has natural rights. Conversely, a business owner and an unincorporated business are the same, and the owner personally bears all results of the business. Unincorporated businesses are usually sole proprietor or partnership companies. The main difference between an incorporated and unincorporated business is the way owners shoulder business activities.

Which of the following are not the advantages of incorporation?

  1. Separate property

  2. Unlimited liability

  3. Capacity to sue

  4. Flexibility & autonomy


Correct Option: B
Explanation:

Unlimited liability is not an advantage of incorporation.

The company bears Limited Liability:
The liability of the members of the company is limited to contribution to the assets of the company upto the face value of shares held by him. A member is liable to pay only the uncalled money due on shares held by him. If the assets of the firm are not sufficient to pay the liabilities of the firm, the creditors can force the partners to make good the deficit from their personal assets. This cannot be done in the case of a company once the members have paid all their dues towards the shares held by them in the company.

Promoter is both an agent and trustee of the proposed company.

  1. True

  2. False

  3. Partly True

  4. Partly False


Correct Option: B
Explanation:

False

A promoter is neither a trustee nor an agent of the company which he promotes because there is no trust or principal in existence at the time of his efforts. But certain fiduciary duties, like an agent, have been imposed on him under the Companies Act. As such he is said to be in & fiduciary position (a position full of trust and confidence) towards the company and the original allottee of shares. Consequently, a promoter must make full disclosure of the relevant facts, including any profit made.

A ________ is one who performs the preliminary duties necessary to bring a company into being and float it. 

  1. Auditor

  2. Promoter

  3. Director

  4. Financer


Correct Option: B
Explanation:

A corporate promoter is a firm or person who does the preliminary work incidental to the formation of a company, including its promotion, incorporation, and flotation, and solicits people to invest money in the company, usually when it is being formed.

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