Company Law Assignment

Proteach CA - Janakpuri
Saurabh Jain (CS, CMA, LLB, MBL) # 8802480400

Question 1.
What is meant by the lifting of the corporate veil? What are the
instances in which the corporate veil may be lifted?
OR
There are cases where company law disregards the principle of
corporate personality or the principle that the company is a legal
entity distinct from its shareholders or members. Elucidate.
Question 2.
Define OPC and state the rules regarding its membership. Can it
be converted into a non-profit company under section 8 or a
private company?
Question 3.
State the limitations of the Doctrine of Indoor Management under
the Companies Act, 2013.
Question 4.
Explain the meaning of Guarantee Company? State the
similarities & dissimilarities, between a Guarantee Company &
Company Limited by Share.
Question 5.
When a company is registered, it is clothed with a legal
personality. Explain.
OR
What is the meaning of “Certificate of Incorporation” under the
provisions of the Companies Act, 2013? What are the effects of
the registration of a company?
Question 7.
Explain the concept of Dormant company as envisaged in the
Companies Act, 2013.
Question 8.
Differentiate between the Memorandum of Association & Articles
of Association.
Question 9.
State whether a non-profit organization can be registered as a
company under the Companies Act, 2013. If so, what procedure
does it have to adopt?
Question 10.
Examine with reasons whether the following statements are
correct or incorrect with reasons:
1. A private company must have a minimum of two
members while a public company must have a
minimum of seven members
2. Affixing of Common Seal on the company’s documents
is compulsory.
3. A company being an artificial person cannot own
property & cannot sue or be sued
Question 11.
What is meant by Doctrine of Constructive Notice?
Question 12.
Briefly explain the doctrine of ‘ultra vires’ under the Companies
Act, 2013. What are the consequences of ultra vires acts of the
company?
Question 13.
What is meant by the entrenchment of provisions in the Articles
of Association?
Question 14.
The Articles of a company required that all deeds etc. should
be signed by the M.D., the Secretary, and an Executive
Director on behalf of the company. A deed of mortgage was
signed by the Managing Director on behalf of the company in
favor of Z. Can it be a valid deed?
Question 15.
The Articles of Association of XYZ Ltd. provides that the Board of
Directors has the authority to issue bonds provided such issue is
authorized by the shareholders by a necessary resolution in the
general meeting of the company. The company was in dire need
of funds & therefore it issued the bonds to Mr. X without passing
any such resolution in the general meeting. Can Mr. X recover the
money from the company? Decide, referring to the relevant
provisions of the Companies Act, 2013. (C.A. Foundation RTP
May 2018)
Question 16.
Krishna, an assessee, was a wealthy man earning huge income
by way of dividends and interest. He formed three private
companies and agreed with each to hold a block of investment as
an agent for them. The dividend and interest income received by
the companies was handed back to Krishna as a pretended loan.
This way Krishna divided his income into three parts in a bid to
reduce his tax liability. Decide for what purpose the three
companies were established? Whether the legal personality of
the three companies may be disregarded?
Question 17.
Ravi Private Limited has borrowed t 5 crores from Mudra Finance
Ltd. This debt is ultra vires to the company. Examine whether the
company is liable to pay this debt? State the remedy if any
available to Mudra Finance Ltd.
Question 18.
ABC Pvt. Ltd., is a Private Company having five members only.
All the members of the company were going by car to Mumbai in
relation to some business. An accident took place and all of them
died. Answer with reasons, under the Companies Act, 2013
whether the existence of the company has also come to the end?
Question 19.
The paid-up Share Capital of AVS Private Limited is ₹ 1 crore,
consisting of 8 lacs Equity Shares of ₹ 10 each, fully paid-up and
2 lacs Cumulative Preference Shares of ₹ 10 each, fully paid-up.
XYZ Private Limited and BCL Private Limited are holding 3 lacs
Equity Shares and 1,50,000 Equity Shares respectively in AVS
Private Limited. XYZ Private Limited and BCL Private Limited are
the subsidiaries of TSR Private Limited. With reference to the
provisions of the Companies Act, 2013, examine whether AVS
Private Limited is a subsidiary of TSR Private Limited? Would
your answer be different if TSR Private Limited has 8 out of a
total of 10 directors on the Board of Directors of AVS Private
Limited?

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Proteach CA - Janakpuri

Saurabh Jain (CS, CMA, LLB, MBL) # 8802480400

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