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Forms and Formation of a Business Enterprise

Description: Forms and Formation of a Business Enterprise, Formation of a Company, Business Studies, XI, Partnership, Hindu Undivided Family Business
Number of Questions: 20
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Tags: Business Studies Forms and Formation of Business Enterprise
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Which of the following are different types of business organisations? a. Sole proprietorship b. Partnership c. Joint stock company d. Hindu undivided family business e. Cooperative Society

  1. a, b c and d

  2. a, c, d and e

  3. a, b, d and e

  4. b, c, d and e

  5. a, b, c, d and e


Correct Option: E
Explanation:

All these are different types of business organisations in India.

Which of the following are types of partnerships on the basis of liability?

  1. Partnership at will and particular partnership

  2. Partnership at will and general partnership

  3. Particular partnership and general partnership

  4. General partnership and limited partnership

  5. Limited partnership and particular partnership


Correct Option: D
Explanation:

General partnership and limited partnership are types of partnerships on the basis of liability.

In which of the following business organisations does every member act both as an agent and as a principal?

  1. Partnership

  2. Joint stock company

  3. Corporation

  4. Cooperative society

  5. All of the above


Correct Option: A
Explanation:

A partnership is an arrangement in which parties agree to cooperate to advance their mutual interests. Under common law legal systems, the basic form of partnership is a general partnership in which all partners manage the business and are personally liable for its debts. In partnership, every member acts both as an agent and as a principal.

What is the minimum number of members that should be present, to personally constitute a quorum in a public company?

  1. 2

  2. 3

  3. 5

  4. 7

  5. 50


Correct Option: C
Explanation:

Yes, it is correct. In the case of a public company, five members must be present personally to constitute quorum.

Which of the following are the stages in the formation of a company? a. Promotion b. Incorporation c. Capital subscription d. Tax planning e. Commencement of business

  1. a, b, c and d

  2. a, c, d and e

  3. a, b, d and e

  4. a, b, c and e

  5. a, b, c, d and e


Correct Option: D
Explanation:

Promotion, Incorporation, Capital subscription and Commencement of business are the different stages in the formation of a company. This is the correct option.

Which of the following statements is/are correct? a. A person who does not take part in day to day activities of the business is known as a partner by Estoppels. b. A person who is represented as a partner and despite knowing this does not deny this impression, is known as a partner by holding out. c. A person whose association with the firm is not disclosed to the general public is known as the Nominal partner.

  1. only a

  2. only b

  3. only c

  4. both a and c

  5. a, b and c


Correct Option: B
Explanation:

A person who is represented as a partner and despite knowing this does not deny this impression, is known as a partner by holding out. This is the correct statement.

What is the minimum number of members in case of a private company?

  1. 2

  2. 3

  3. 5

  4. 7

  5. 50


Correct Option: A
Explanation:

Minimum number of members required to form a private company is 2.

Who approves the name with which the company will be known?

  1. The Board of Directors

  2. The Chief Executive Officer

  3. The Registrar of Companies

  4. The Company Secretary

  5. The Cabinet Secretary


Correct Option: C
Explanation:

In India, the Registrars of Companies (ROC), are vested with the primary duty of registering companies floated in the respective states and the union territories and ensuring that such companies comply with statutory requirements under the Act. The name of the company, with which the company will be known has to be approved by the Registrar of Companies. 

Which of the following types of cooperatives is formed by small independent producers to sell their output through one centralised agency?

  1. Consumers cooperative

  2. Producers cooperative

  3. Cooperative Farming Society

  4. Marketing Cooperative

  5. Credit Cooperative


Correct Option: D
Explanation:

These are voluntary associations of independent producers who want to sell their output at remunerative prices. The output of different members is pooled and sold through a centralised agency to eliminate middlemen. The sale proceeds are distributed among the members in the ratio of their outputs. Marketing societies are set up generally by farmers, artisans and small producers who find it difficult to face competition in the market and to perform necessary marketing functions individually. The National Agricul­tural Cooperative Marketing Federation (NAFED) is an example of marketing cooperative in India.

Which of the following documents is not required to be submitted to the registrar at the time of incorporation of the company, under the Companies Act 1956?

  1. Memorandum of Association

  2. Articles of Association

  3. Statuory Declaration

  4. SEBI approval

  5. Written consent of proposed directors


Correct Option: D
Explanation:

SEBI approval is required at the time of Capital Subscription, at the time the public company raises funds from the public.

Which of the following statements is incorrect?

a. A Karta in a Hindu Undivided Family does not have limited liability. b. A company is an artificial person, thus it cannot own property. c. A public company cannot start its business activities till the issue of the Certificate of Commencement of Business.

  1. Only a

  2. Only b

  3. Only c

  4. Both a and b

  5. Both a and c


Correct Option: B
Explanation:

Though a company is an artificial person, it can still enter into contracts and buy and own property. Hence, this is the only incorrect statement.

Which of the following statements is/are correct: a. Promoter is not the trustee of the company but he stands in a fiduciary relationship. b. Promoter can select any name for the company being promoted without approval from any authority. c. Both a public and a private company can commence business after obtaining Certificate of In corporation.

  1. only a

  2. only b

  3. only c

  4. both b and c

  5. a, b and c


Correct Option: A
Explanation:

This is the correct option. Promoter is not the trustee of the company but he stands in a fiduciary relationship. A fidiuciary relationship is a relationship of utmost faith. A promoter should not carry out any activity which is against the interest of the company. For instance, a promoter should not make any undisclosed profits from the company being promoted.

Which of the following statements is incorrect?

  1. The memorandum of association defines the objects for which the company is formed.

  2. Promoter is not an agent of the company.

  3. In case of the subscription becoming void, the money received from the applicants has to be returned within 50 days.

  4. Experts conducting feasability studies are not considered promoters.

  5. Certificate of incorporation is a conclusive evidence of regularity of incorporation of a company irrespective of any deficiency in its registration.


Correct Option: C
Explanation:

This is the correct option. In case of the subscription becoming void, the money received from the applicants has to be returned within 80 days, not 50. This statement is incorrect and thus, this is the correct option.

Which of the following could be the consequences of the non registration of partnership of a firm? a. A partner of an unregistered firm cannot file a suit against the firm or any of the partners. b. The firm cannot file a suit against third parties. c. The firm cannot file a suit against one of the partners. d. Third parties cannot file a suit against the firm.

  1. a, b and c

  2. a, b and d

  3. b, c and d

  4. both a and d

  5. a, b, c and d


Correct Option: A
Explanation:

This is the correct option. A partner of an unregistered firm cannot file a suit against the firm or any of the partners. The firm cannot file a suit against third parties and against one of the partners.

Which of the following structures have a separation of ownership and management?

  1. Sole proprietorship has a separation of ownership and management.

  2. Partnership has a separation of ownership and management.

  3. Company has a separation of ownership and management.

  4. All business organisations have a separation of ownership and management.

  5. No business organisation has a separation of ownership and management.


Correct Option: C
Explanation:

This is the correct answer. Of all the given options, company has a separation of management and ownership.

Which of the following statements is/are correct?

a. Minimum subscription should be 75% of total number of shares offered. b. Notice of the exact address must be submitted within 30 days of the reciept of incorporation. c. The Memorandum of Association must be signed by at least 7 persons in case of public company and 2 persons in case of private company.

  1. Only a

  2. Only b

  3. Only c

  4. Both a and b

  5. Both b and c


Correct Option: E
Explanation:

Both these statements are correct. Notice of the exact address must be submitted within 30 days of the receipt of incorporation. The Memorandum of Association must be signed by at least 7 persons in case of public company and 2 persons in case of private company.

A statutory declaration is to be submitted with the concerned authorities stating that all the legal requirements of the Companies Act in regard to incorporation have been complied with. This statement can be signed by any of the following, except

  1. Advocate of High Court or Supreme Court

  2. Chartered Accountant or Company Secretary

  3. Registrar of Companies

  4. Person named in the articles as a director

  5. Manager or Secretary of the Company


Correct Option: C
Explanation:

The Statutory declaration has to be submitted to the Registrar of Companies. Hence, this is incorrect.

Which of the following clauses should the Memorandum of Association contain apart from the Name clause, the Objects clause and the Registered Office clause?

  1. Liability clause
  2. Capital clause
  3. Association clause
  4. Statutory clause
  1. Both 1 and 2

  2. Both 2 and 4

  3. 1, 2 and 3

  4. 2, 3 and 4

  5. 1, 2, 3 and 4


Correct Option: C
Explanation:

The MOA also contains Liability clause, Capital clause and Association clause apart from the Name clause, the Objects clause and the Registered Office clause. Thus, this is the correct option.

Which of the following types of business gives maximum degree of control for the owner(s)?

  1. Cooperative society

  2. Public company

  3. Private company

  4. Partnership

  5. Sole proprietorship


Correct Option: E
Explanation:

Sole proprietorship gives maximum degree of control for the owner.

Prior approval from which of the following is compulsory before going ahead with raising funds from public?

  1. Board of directors

  2. Underwriters

  3. Stock exchange

  4. SEBI

  5. Registrar of Companies


Correct Option: D
Explanation:

The Securities and Exchange Board of India or SEBI is the regulator for the securities market in India to protect the interest of investors. Prior approval from SEBI is compulsory before going ahead with raising funds from public.

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