Taxmann's Business Laws & Business Correspondence and Reporting (Law & BCR | BLBCR) | CRACKER

Page 1

NOTE TO STUDENTS

GUIDANCE FOR ANSWERING CASE STUDIES

CA MANMEET KAUR.

I-5
i.e.
i.e.

Chapter-wise Marks Distribution of Previous Examinations

SECTION A : BUSINESS LAWS Chapter HeadType of Question/s May18 Nov18 May19 Nov19 Nov20 Jan21 Jul21 Dec21 May22 Dec22 June 23 UNIT - 1 : INDIAN CONTRACT ACT, 1872 Chapter 1 : Nature of Contract SAT1 LAT5 CS4[C] Chapter 2 : Offer & Acceptance SAT LAT57 CS36 Chapter 3 : Capacity to Contract SAT2 LAT CS366 Chapter 4 : Consideration SAT LAT575777 CS34 [C]2 Chapter 5 : Free Consent SAT LAT57+557 CS 2 Chapter 6 : Legality of Object & Consideration SAT LAT CS44 [C] Chapter 7 : Void Agreements SAT23 LAT5 CS4 [C]4 [C]4 [C] Chapter 8 : Contingent & Quasi Contracts SAT LAT775 CS4 [C]6 I-7
I-8 Chapter HeadType of Question/s May18 Nov18 May19 Nov19 Nov20 Jan21 Jul21 Dec21 May22 Dec22 June 23 Chapter 9 : Performance of a Contract SAT LAT CS4 [C]6264 [C]4 Chapter 10 : Discharge of a Contract SAT LAT5755 CS64 [C]6234 [C] UNIT - 2 : SALE OF GOODS ACT, 1930 Chapter 11 : Formation of Contract of Sale SAT4 [C]444 [C] LAT6 CS Chapter 12 : Conditions & Warranties SAT444 LAT666 CS66663664 Chapter 13 : Transfer of Ownership SAT4 [C]44 LAT666 CS663 Chapter 14 : Unpaid Seller SAT4 [C] LAT6666 CS66+32 UNIT - 3 : INDIAN PARTNERSHIP ACT, 1932 Chapter 15 : General Nature of Partnership SAT4422+4424 LAT6 CS6 Chapter 16 : Relations of Partners SAT4+222+42+4444 LAT66 CS63+36666666 Chapter 17 : Registration of a Firm & Dissolution of a Firm SAT2+4444444 LAT66 CS UNIT - 4 : LIMITED LIABILITY PARTNERSHIP ACT, 2008 Chapter 18 : Limited Liability Partnership Act, 2008 SAT LAT55555555555 CS
I-9 Chapter HeadType of Question/s May18 Nov18 May19 Nov19 Nov20 Jan21 Jul21 Dec21 May22 Dec22 June 23 UNIT - 5 : COMPANIES ACT, 2013 Chapter 19 : Companies Act, 2013 SAT332 LAT6666666666 CS4 [C]4 [C] + 3 4 [C] + 3 4 [C] + 3 4 [C] + 3 + 3 4 [C] + 3 4 [C]4 [C] + 3 4 [C] + 3 4 [C] + 4 + 3 4 [C] + 3 SECTION B : BUSINESS CORRESPONDENCE & REPORTING Chapter Head May18 Nov18 May19 Nov19 Nov20 Jan21 July21 Dec21 June22 Dec22 June23 UNIT 1 : COMMUNICATION Chapter 20 : Communication1010101010101010888 UNIT 2 : SENTENCE TYPES & WORD POWER Chapter 21 : Sentence Types 55666686666 Chapter 22 : Vocabulary 77777757776 Chapter 23 : Comprehension Passage 55555555555 Chapter 24 : Note - Making 33333333333 Chapter 25 : Precis Writing 77777777777 Chapter 26 : Article Writing5 55555510 Chapter 27 : Report Writing 5555555 Chapter 28 : Letter Writing105 445435 Chapter 29 : E-Mail Writing 4 4245 Chapter 30 : Resume Writing 5 445 Chapter 31 : Business Meeting Note : SAT : LAT : CS [C] :
SECTION A BUSINESS LAWS UNIT 1 INDIAN CONTRACT ACT, 1872 CHAPTER 1 NATURE OF CONTRACT 1.5 CHAPTER 2 OFFER & ACCEPTANCE 2.1 CHAPTER 3 CAPACITY TO CONTRACT 3.1 CHAPTER 4 CONSIDERATION 4.1 CHAPTER 5 FREE CONSENT 5.1 CHAPTER 6 LEGALITY OF OBJECT & CONSIDERATION 6.1 CHAPTER 7 VOID AGREEMENTS 7.1 CHAPTER 8 CONTINGENT & QUASI CONTRACTS 8.1 Note to Students I-5 Chapter-wise Marks Distribution of Previous Examinations I-7 I-11 CONTENTS

LIMITED LIABILITY PARTNERSHIP ACT,

I-12 CHAPTER 9 PERFORMANCE OF A CONTRACT 9.1 CHAPTER 10 DISCHARGE OF A CONTRACT 10.1 UNIT 2 SALE OF GOODS ACT, 1930 CHAPTER 11 FORMATION OF THE CONTRACT OF SALE 11.3 CHAPTER 12 CONDITIONS & WARRANTIES 12.1 CHAPTER 13 TRANSFER OF OWNERSHIP 13.1 CHAPTER 14 UNPAID SELLER 14.1 UNIT 3 INDIAN PARTNERSHIP ACT, 1932 CHAPTER 15 GENERAL NATURE OF A PARTNERSHIP 15.3 CHAPTER 16 RELATIONS OF PARTNERS 16.1 CHAPTER 17 REGISTRATION OF A FIRM & DISSOLUTION OF A FIRM 17.1 UNIT 4
2008 CHAPTER 18 LIMITED LIABILITY PARTNERSHIP ACT, 2008 18.3
I-13 UNIT 5 COMPANIES ACT, 2013 CHAPTER 19 COMPANIES ACT, 2013 19.3 SECTION B BUSINESS CORRESPONDENCE & REPORTING UNIT 1 COMMUNICATION CHAPTER 20 COMMUNICATION 20.5 UNIT 2 SENTENCE TYPES & WORD POWER CHAPTER 21 SENTENCE TYPES 21.3 CHAPTER 22 VOCABULARY 22.1 CHAPTER 23 COMPREHENSION PASSAGES 23.1 CHAPTER 24 NOTE MAKING 24.1 CHAPTER 25 PRECIS WRITING 25.1 CHAPTER 26 ARTICLE WRITING 26.1 CHAPTER 27 REPORT WRITING 27.1 CHAPTER 28 LETTER WRITING 28.1
I-14 CHAPTER 29 E-MAIL WRITING 29.1 CHAPTER 30 RESUME WRITING 30.1 CHAPTER 31 BUSINESS MEETINGS 31.1 Solved Paper : June 2023 (Suggested Answers) P.1

19

CHAPTER

LONG QUESTIONS:

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)].

19.3

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

19.4
a b c e.g.

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

19.5

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.e

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.

19.7
-

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

19.8 i.e.
i.e.,

c Subscribed capital: 86

d Called-up capital: 15

e Paid-up capital

SHORT QUESTIONS:

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.

19.9
` `
i.e.

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.

19.10
-
i ii

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

19.11 i ii iii iv
MOAAOA

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)

19.12
Alteration Nature
-
i ii iii

Business Laws & Business

Correspondence and Reporting (Law & BCR | BLBCR) | CRACKER

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

Description

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

ORDER NOW

Rs. 450 | USD 36

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