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State whether the following statement is True or False: Articles of Association can have provisions which contradicts the Memorandum. - Secretarial Practice

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प्रश्न

State whether the following statement is True or False:

Articles of Association can have provisions that contradict the Memorandum.

विकल्प

  • True

  • False

MCQ
सत्य या असत्य

उत्तर

False

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Documents Related to Formation of a Company
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
अध्याय 4: Documents related to formation of a company - Exercise Q.1 [पृष्ठ ६३]

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बालभारती Secretarial Practice [English] 11 Standard Maharashtra State Board
अध्याय 4 Documents related to formation of a company
Exercise Q.1 | Q 4.05 | पृष्ठ ६३

संबंधित प्रश्न

Select the correct answer from the option given below and rewrite the sentence.

The ______ Clause describes the range of activities a company can undertake


Select the correct answer from the option given below and rewrite the sentence.

_________ clause states the amount of Authorised capital with which the company is registered.


Select the correct answer from the option given below and rewrite the sentence.

_________ contains rules and regulations for internal management of the company


Select the correct answer from the option given below and rewrite the sentence.

For making multiple issues of shares within a year, a company can prepare a ________ Prospectus.


Write a word or a term or a phrase which can substitute the following statement:

Document which establishes company’s relationship with outsiders.


Write a word or a term or a phrase that can substitute the following statement:

The document is subordinate to the Memorandum of Association.


Write a word or a term or a phrase which can substitute the following statement:

Document which contains rules and regulations for internal management.


Write a word or a term or a phrase which can substitute the following statement:

Clause which describes the main activities a company can undertake.


Write a word or a term or a phrase which can substitute the following statement:

It is an incomplete prospectus.


Write a word or a term or a phrase which can substitute the following statement:

This prospectus does not contain information about the quantum of shares to be issued or the price at which shares will be issued.


State whether the following statement is True or False:

Memorandum of Association and Articles of Association is prepared at the time of incorporation of a company.


State whether the following statement is True or False:

Memorandum establishes the relationship between the Company and Members.


Complete the sentence.

The document which is subordinate to the Memorandum of Association is called _________


Complete the sentence.

The document which contains the rules and regulations governing the internal management of a company is called _________


Explain the following term/concept.

Name clause


Study the following case/situation and express your opinion:

The Articles of a company stated that while borrowing any money from outsiders. The document must have the signatures of the Managing Director (MD) and any one of the directors. The Articles of Association clearly stated the procedure to be followed while borrowing money. The Managing Director did not follow all the procedures but still borrowed money from Mr. X. Mr. X assumed that the MD has followed the required procedures:
(a) Can the MD be held punishable for his act?
(b) Under which Doctrine can Mr. X take action against the company?
(c) Explain the Doctrine.


Study the following case/situation and express your opinion:

The object clause of Memorandum of a company stated the main object as the manufacturing of plastic chairs and tables and any other activity in furtherance of achievement of its main activity. The Board of Directors wants to now also produce TV. Serials and feels that the shareholders may give their permission.

a) Can the company with immediate effect start producing TV? Serials? Why?

b) How can the object clause of the company be altered?


Study the following case/situation and express your opinion:

 A public limited company has issued all the shares mentioned in its Memorandum as Authorized Capital. Now the Company wants to make a public issue of 10,000 shares at face value of Rs 100 per share, to raise more funds for its expansion activities :
(a) Which clause of Memorandum needs to be altered?
(b) In which meeting the alteration can be approved?
(c) Which document should the company issue to invite the public to buy its shares?


Study the following case/situation and express your opinion:

A company stated in its prospectus that it has been making profits since the last 5 years. However, Mr. X. an investor found out that two years back the company had not made any profit. The prospectus was filed with the ROC on 1 st Jan 2017 and was issued to the public on 10th Feb 2018.

a) Can Mr. X state that there was a misstatement in the prospectus?

b) If found guilty which two types of liability will the company and its officers face?

c) Can the prospectus be valid for issue to the public on 10th Feb 2018?


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