2014 ( May)
( General / Speciality )
Course : 402
( Company Law )
Full Marks : 80
Pass marks : 32
Time : 3 hours
The figures in the margin indicate full marks for the questions.
1. Write true or false : 1x4=4
(a) A shareholder is an agent of the company.
(b) The power to issue shares at a premium need not be permitted by the Articles of Association.
(c) A mortgage of land is an example of fixed charge.
(d) A member of company having no share capital can also appoint a proxy.
2. Fill in the blanks : 1x4=4
a. A company incorporated in India but its all members are foreigners, then it will be a ____ company.
b. ____companies are not required to have any Memorandum or Articles of Association.
c. The ____ may appoint an additional director.
d. Share warrant is a ____ instrument.
3. Write briefly (any four) : 4x4=16
(a) Memorandum of Association
(b) Reserve Capital
(c) Annual General Meeting
(d) Qualification Share
(e) Share Certificate
(f) Floating Charge
4. (a) Define Company. Discuss its major features. 2+10=12
(b) Define private company. Explain the procedure for conversion of a private company to a public company. 3+9=12
5. (a) Explain the provisions of the Companies Act relating to share transfer. 11
(b) What is Share? What are the differences between Equity Share and Preference Share? 4+7=11
6. (a) Distinguish between Fixed charge and Floating charge. When Floating charges are converted to a Fixed charge? 6+5=11
(b) What is Charge? Which charges need compulsory registration?
7. (a) What is Annual Return? Discuss the particulars needed to be furnished in Annual Returns. 3+8=11
(b) What are the particulars to be recorded in a register of members of a company? Under what circumstances and who can rectify register of members?
8. (a) Discuss the procedure regarding removal of directors. 11
(b) What is the position of a director in a company –
(i) as an agent;
(ii) as a trustee;
(iii) as a managing partner?