








LIMITED LIABILITY PARTNERSHIP ACT,
Q.1 What is meant by lifting of 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 that the company is a legal entity distinct from its shareholders or members. Elucidate.
[Nov. 2018, 6 Marks]
Ans. i.e.
1.To determine the character of the company i.e. to find out whether company is an enemy or a friend:
Daimler Co.
Ltd Continental Tyre & Rubber Co. Ltd
2.Company is formed to evade taxes: evade or circumvent tax
[Juggilal v. Commissioner of Income Tax AIR (SC)].
3. Company is formed to avoid a legal obligation/welfare legislation: (The Workmen Employed in Associated Rubber Industries Limited, Bhavnagar v. The Associated Rubber Industries Ltd., Bhavnagar and another).
4. Formation of subsidiaries to act as agents:
Merchandise Transport Limited v. British Transport Commission (1982)
5. Company formed for fraud/improper conduct or to defeat law:
[Gilford Motor Co. v. Horne & Jones v. Lipman]
6. To determine the technical competence of the company:New Horizons Ltd. v. UOI (1997).
Q.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?
[May 2018, 6 Marks], (RTP Nov. 2018)
Ans. One person company
Q.3 Explain the meaning of Guarantee Company? State the similarities & dissimilarities, between a Guarantee Company & Company Limited by Share. (MTP May 2018), (MTP May 2019), (July 2021, 3 Marks) Ans. “Company limited by guarantee”
undertake to contribute to the assets of the company in the event of its being wound up.
These companies may or may not have a share capital
Generally, guarantee companies are formed for non-trading purposes. Such as promotion of commerce, art, science, sports etc., and do not aim for profit.
common features
19.6
POINTS OF DISTINCTION COMPANY LIMITED BY SHARES COMPANY LIMITED BY GUARANTEE
Purpose:
Usefulness:
Transfer of interest
Liability of members
Amount Called
Share capital
To start
Q.4 “The Memorandum of Association is a charter of a company”. Discuss. Also explain in brief the contents of Memorandum of Association. (Nov. 2019, 6 Marks) Ans.
ultra vires void ab initio
i Name clause
ii Registered office clause
iii Object clause
iv Liability clause
v Capital clause
Q.5 What are the significant points of section 8 company which are not applicable for other companies ? Briefly explain with reference to provisions of the Companies Act, 2013. [Nov. 2020, 6 Marks]
Ans.
Q.6 What do you mean by the term Capital? Describe its classification in the domain of Company Law. [Dec. 2021, 1 + 5 = 6 Marks] Ans. CLASSIFICATION OF CAPITAL
a Nominal or authorised or registered capital: 8
b Issued capital: 50
c Subscribed capital: 86
d Called-up capital: 15
e Paid-up capital
Q.7 When a company is registered, it is clothed with a legal personality. Explain.
(RTP May 2018) OR
What is the meaning of “Certificate of Incorporation” under the provisions of the Companies Act, 2013? What are the effects of registration of a company?
(MTP Nov. 2018)
Ans.
distinct legal entity
perpetual succession.
Q.8 Define a Small Company as defined under the Companies Act, 2013. Ans. Small Company
Q.9 Explain the concept of Dormant company as envisaged in the Companies Act, 2013. (RTP May 2018) Ans.
Q.10 Explain listed company and unlisted company as per the provisions of the Companies Act, 2013. [Dec. 2022, 2 Marks]
Ans.: 52
Q.11 Differentiate between the Memorandum of Association & Articles of Association.
Ans.
Power Ultra vires
Registration
Scope Q.12 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?
(RTP May 2018) Ans.
Power of Central Government to issue the license—
Note:
Q.13 Examine with reasons whether the following statements are correct or incorrect with reasons:
(i) A private company must have a minimum of two members while a public company must have a minimum of seven members
(MTP May 2019)
AUTHOR : S.K. AGRAWAL, MANMEET KAUR
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JULY 2023
EDITION : 8TH EDITION
ISBN NO : 9789357781312
NO. OF PAGES : 444
BINDING TYPE : PAPERBACK
This book is prepared exclusively for the Foundation Level of Chartered Accountancy Examination requirement. It covers the latest syllabus as per ICAI. The Present Publication is the 8th Edition for CA-Foundation | Dec. 2023 exams. This book is authored by Dr S.K. Agrawal & CA Manmeet Kaur, with the following noteworthy features:
u As per the latest syllabus of ICAI
u Coverage of this book includes:
All Past Exam Questions, including:
CA Foundation Solved Paper – June 2023
Theoretical Questions
Short Notes
Case Studies
Practice Questions in Business Correspondence & Reporting
u [Most Amended & Updated] This book covers all the latest applicable amendments
u [Marks Distribution] Chapter-wise marks distribution from May 2018 onwards
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Rs. 450 | USD 36