Tag: companies act, 2013 - introduction and characteristics

Questions Related to companies act, 2013 - introduction and characteristics

The first step towards incorporation of a company is -

business organisation and correspondence companies act, 2013 - introduction and characteristics introduction to companies companies act, 2013 company

  1. To print MOA and AOA

  2. To have certificate of incorporation

  3. To adopt a suitable name

  4. To appoint director

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Correct Option: C
Explanation:

The first and foremost task in the direction of formation of company is the selection of a name to be given to the proposed company. Having decided to launch a company, the promoter has to select a name for it and submit an application to the registrar of companies of the state in which the registered office of the company is to be situated, for its approval. The proposed name may be approved if it is not considered undesirable. It may happen that another company exists with the same name or a very similar name or the preferred name is misleading, say, to suggest that the company is in a particular business when it is not accepted but some alternate name may be approved. Therefore, three names, in order of their priority are given in the application to the Registrar of Companies before formation of company.

Which of the following statement is CORRECT in relation to Non-Profit making companies registered under Section 8 of the Companies Act, 2013?
(I) Non-profit making companies registered can pay 10% of their surplus as dividend on approval of central government.
(II) A firm may be a member of the non-profit making companies.
(III) Non-profit making companies registered cannot convert itself into company of any other kind.
(IV) Non-profit making companies has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object.
Select the correct answer from the options given below -

business organisation and correspondence companies act, 2013 - introduction and characteristics introduction to companies companies act, 2013 company

  1. (II) and (IV) of the aove

  2. (I, (II) and (IV) of the above

  3. (I), (II) and (III) of the above

  4. (I), (II), (III) and (IV) of the above

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Correct Option: A

Which of the following Section of the Companies Act, 2013 specify the functions of Company Secretary?

business organisation and correspondence companies act, 2013 - introduction and characteristics introduction to companies companies act, 2013 company

  1. Section 203

  2. Section 205

  3. Section 208

  4. Section 210

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Correct Option: B
Explanation:

Section 205 of the Companies Act 2013 specifies the functions to be performed by the Company Secretary. These functions are:

  • To report to the Board about compliance with the provision of the Act, the rules and the laws under the Act.
  • To ensure that the company complies with the Secretarial Standards.
  • To discharge such other duties as may be prescribed.

In case of OPC and small company, the annual return shall be signed by the_________.

business organisation and correspondence companies act, 2013 - introduction and characteristics introduction to companies companies act, 2013 company

  1. Company Secretary

  2. Director of the company

  3. Company Secretary and director of the company.

  4. Company Secretary, or where there is no Company Secretary, by the director of the company.

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Correct Option: D
Explanation:

OPC is one person company which has only one person as member and there is no prescribed capital. According to Section 92, every company has to prepare an annual return in the prescribed form containing the particulars as they appear in the financial statements. The annual return is to be signed by a director and company secretary, in case of normal company.

In case of OPC and small company, the annual return shall be signed by the company secretary or where there is no company secretary, by the director of the company.

As regards ratification of promoters contracts, the view taken in _______ was that the company could not ratify contract made by a promoter before its incorporation.

business organisation and correspondence companies act, 2013 - introduction and characteristics introduction to companies companies act, 2013 company

  1. Ashbury RAilway Carriage and Iron Co. Ltd. vs. Riche

  2. Shyamlal Roy vs. Madhusudan Roy

  3. Kelner vs. Baxter

  4. Smith vs. Anderson

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Correct Option: C

Which of the following section of the Companies Act, 2013 contains provisions as regards to qualifications of auditors?

business organisation and correspondence companies act, 2013 - introduction and characteristics introduction to companies companies act, 2013 company

  1. Section 131

  2. Section 124

  3. Section 224

  4. section 141

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Correct Option: D

Which of the following is function of Company Secretary?

business organisation and correspondence companies act, 2013 - introduction and characteristics introduction to companies companies act, 2013 company

  1. To provide to the directors of the company, collectively and individually, such guidance as they may require with regards to their duties, responsibilities and powers

  2. To facilitate the convening of meetings and attend Board, committee and general meetings and maintain the minutes of these meetings

  3. To assist the Board in the conduct of the affairs of the company

  4. To ensure that the company complies with the applicable secretarial standards

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Correct Option: D

As per Section 139(6) of the Companies Act, 2013 provides that the first auditor or auditors are to be appointed by the Board of directors within ____________ of the date of the registration of the company.

business organisation and correspondence companies act, 2013 - introduction and characteristics introduction to companies companies act, 2013 company

  1. 30 days

  2. 45 days

  3. 60 days

  4. 90 days

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Correct Option: A
Explanation:

The appointment of Auditors in a Company is Governed under Section 139 of the Companies Act. 

Section 139(6) of the Act,2013 says that, the first auditor of a company must be appointed by the BOD within 30 Days from the date of registration of the Company. In case of failure of the Board to appoint such auditor, the board shall inform the members of the company, who shall within ninety days at an Extra Ordinary General Meeting appoint the auditor

Which of the following shall be eligible for appointment as an auditor of an company as per section 141(3) of the Companies Act, 2013?

business organisation and correspondence companies act, 2013 - introduction and characteristics introduction to companies companies act, 2013 company

  1. An officer or employee of the company

  2. A person who, or his relative or partner is indebted to the company, or its subsidiary, or its holding or associate company or a subsidiary of such holding company, in excess of Rs. 5 lakhs

  3. A person whose relative hold security or interest in the company of face value not exceeding Rs.one lakh

  4. None of the above

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Correct Option: C

Which of the following section of the Companies Act, 2013 contains provisions regarding the appointment of the auditor?

business organisation and correspondence companies act, 2013 - introduction and characteristics introduction to companies companies act, 2013 company

  1. Section 224

  2. Section 238

  3. Section 138

  4. Section 139

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Correct Option: A