TEAM CORPORATE ADVISORY

FAQs on Corporate Law

INDEX

Particular Page no’s

Introduction 2
Applicability of Act 2
Key terms 2
Incorporation of company 4
Share Capital and Prospectus 7
Directors 10
Meetings 11
Listing of company 13
Audit and Auditors 14
Account and Annual returns 16
Deposit 17
Loan to directors 19
Dividend 20
Committees 21
Corporate Social Responsibility 21
Compromise and Arrangements 22
Winding up 22
Miscellaneous 23

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INTRODUCTION

1. What are nature and characteristics of a company?

2. Is company regarded a status of citizen?
3. What is liability of members of company?
4. Are shares of company transferable?
5. Can a company sue or be sued?
6. What are contractual rights of company?
7. What do you understand by corporate veil and when is it disregarded?

APPLICABILITY OF ACT

1. Does the act extend to whole of India?

2. From which date the act as application and who is authority?
3. To whom does the provisions of the act applicable?
4. Are provisions of the act applicable to HUF?
5. Are provisions of the act applicable to Partnership Firm?

KEY TERMS

1. What do you mean by One Person Company?

2. What do you mean by private company?
3. What do you mean by small company?
4. What do you mean by Dormant company?
5. What do you mean by Nidhi company?
6. What do you mean by Officer?
7. What do the term key managerial personnel mean?
8. What does the term Promoter mean?
9. What does the term Interested Director mean?
10.What do you mean by Mandatory auditor rotation and joint auditors?
11.What does the term Secretarial audit include?
12.What are Secretarial Standards?

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13.What is Corporate Social Responsibility?
14.What is Class action suits?
15.What are Articles of Association?
16.Who is an Associate Company?
17.What are Auditing Standards?
18.What is Banking Company?
19.What constitute Board of Directors?
20.What is Corporation?
21.What constitute Books of Account?
22.What is Branch Office?
23.What is called up capital?
24.What is a Charge?
25.What do you mean by the term Company?
26.Who is a Company Liquidator?
27.Who is a contributory?
28.What does the term control mean?
29.What is a Debenture?
30.What is a Deposit?
31.What does the term Depository include?
32.What is a Derivative?
33.What does a Director mean?
34.What is a Dividend?
35.What does the term Document include?
36.What does the term Expert include?
37.What is a foreign company?
38.What do you mean by Free Reserves?
39.What do you mean by Global Depository Receipt?
40.What does the term Government Company?
41.What do you mean by Holding Company?

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42.Who is an Independent Director?
43.What do you mean by Indian Depository Receipt?
44.What does the term Interested Director mean?
45.What do you mean by listed company?
46.What does the term "member" in relation to a company, means?
47.What is a memorandum?
48.What do you mean by net worth?
49.What does the term public financial institution mean?
50.What do you mean by recognised stock exchange?
51.What do you mean by register of companies?
52.What does the term Registrar mean?
53.What does the term related party with reference to a company mean?
54.What is article according to section 2(5)?
55.What do you understand by the term Deposit under companies act 2013?
56.What all items are included in Financial statement of company?
57.What will be the financial year followed by the company if it is incorporated
after 1st day of January of a year?
58.What shall not be treated as free reserve?

INCORPORATION OF COMPANY

1. What is Formation of Company with relevant section?

2. How many persons are required to form a public company?
3. How many persons are required to form a private company?
4. How many persons are required to form a One Person company?
5. What are kinds of company formed under section 3(1) of the act?
6. What do you mean by the term Company limited by Guarantee?
7. What do you mean by the term Company limited by shares?
8. What do you mean by the term Unlimited Company?
9. Explain detailed procedure for incorporation of company?

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10.What types of associations are prohibited by the Companies Act, and what
are the disabilities of such associations?
11.What are the advantages of an incorporated company compared to
partnership firms and unincorporated companies?
12.What all documents are needed for incorporation of company?
13.What all documents are required by Private limited company to get
registered with Registrar of company?
14.How to draft Memorandum of Association?
15.What contents of Memorandum of Association?
16.Whether every company is required to alter its Articles of Association as per
the new format under the Companies Act, 2013?
17.On what grounds will the Registrar of Company reject the registration of
company and why?
18.What are the different ways of incorporation?
19.Why certificate of commencement is required by Public company to start
with its business?
20.What is the fee for incorporation?
21.What initial capital requirement for incorporation for Public and Private
Company?
22.What duration of Incorporation process?
23.What are the immediate compliance requirements after incorporation?
24.What are the pre-incorporation formalities?
25.What is the exact time at which company is incorporated? Whether it is date
of submitting application or date on the Certificate or date on which
Certificate is handed to the concerned authorities of company?
26.Is there any procedure difference for incorporating public limited and private
limited company?
27.What is SPICE and whether every company is required to follow the SPICE
process for incorporation of a company

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28.Is it mandatory to file ACTIVE form?
29.Can a company apply for name availability certificate by filing Form INC-1
prior to filing of SPICE form?
30.Can a company be incorporated without a registered office?
31.In case of an overseas subscriber and director, are the documents required to
be notarised and apostilled for incorporation of a company?
32.What is the due date to intimate the ROC for change in the situation of
registered office of the company?
33.Can a non-resident become a member of an OPC?
34.How many OPCs can be incorporated by a person or in how many OPCs, he
shall be eligible to be a nominee?
35.Can a company have registered under Section 8 merge with another
company with dissimilar objects?
36.Is a Section 8 company required to seek permission of Central Government
(“RD”) for alteration of its AOA prior to getting the same approved by the
members by means of special resolution in general meeting?
37.How will the surplus be treated in case of winding up of Section 8
Company?
38.In case the subscriber to the MOA is a foreign national residing outside
India, his signatures and address etc. shall be witnessed by a Notary
Public/Embassy/Consulate office of Embassies as per the Rule 13 of the
Companies (Incorporation) Rules, 2014. In such cases, how can the DSC of
such a witness be affixed?
39.Is it mandatory for the name of the company to be indicative of the nature of
its business?
40.Can a company have multiple and varied objects under its MOA?
41.Is a company required to alter its AOA as per the new format under the CA,
2013?
42.Is a company required to pass a special resolution for altering its MOA?

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43.Is an approval from Central Government (“RD”) required for alteration of
MOA relating to change in place of registered office from one state to
another?
44.In case of shifting of registered office from one state to another there is a
requirement of filing the order with each of the ROC’s. Is it possible to file
two forms with a single CIN?
45.What is the limit on the number of members for formation of association or
partnership of persons?
46.Will the notifications, circulars, rules, orders issued for certain type of
companies under Companies Act 1956 still be applicable for those
companies under the Companies Act 2013?
47.Is a Small Company required to prepare Cash Flow Statement?
48.Is it mandatory for a company to have a common seal?

SHARE CAPITAL & PROSPECTUS

1. What is Share Capital?
2. What is Nominal, Authorised or Registered Capital?
3. What is Issued Capital?
4. What is subscribed Capital?
5. What is called up Capital?
6. What is Paid up Capital?
7. What is Equity & Preference Share Capital?
8. Is a private company required to follow the rules pertaining to issue of shares
with differential voting rights?
9. Is it mandatory to issue share certificate under the common seal of the
company?
10.Who is required to sign the share certificate?
11.What are the modes available for issue of further shares?
12.Can subsidiary company hold shares in its holding company?

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13.Can a company issue share at a discount?
14.Is a company required to obtain shareholders’ approval for preferential issue
of shares?
15.What is the maximum number of persons to whom private placement offer
can be made?
16.Who are exempted from being included in the limit of 200 persons to whom
private placement offer is issued?
17.Is a share valuation report required in case of Right Issue of Shares?
18.Is section 42 applicable for Rights Issue of shares under section 62(1)(a)?
Are PAS 4 (Letter of Offer) and PAS 5 (Record of Offer) applicable for
Rights Issue of shares?
19.What would be the intimation form for filing return of allotment as form
PAS-3 doesn’t mention section 62. It mentions only section 39 which is for
public issue and section 42 which is private placement? Whether
shareholder’s approval is required for the said issue under section 62(1)(a)?
20.Can Board of Directors of a company take a decision to issue Preference
Shares?
21.Can a private company issue debenture to public?
22.Is a company required to intimate the ROC post redemption of preference
shares?
23.What is the form for filing return of allotment with the ROC post allotment
of securities?
24.Is it mandatory to get the securities listed in case of a public offer?
25.What is the offer period for rights issue?
26.Can a company pass the resolution for issue of securities by way of
circulation?
27.Can a company convert the existing shares into shares with differential
voting rights and vice versa?

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28.What is meant by sweat equity shares and to whom can a company issue
sweat equity shares?
29.What is the lock-in period for sweat equity shares?
30.What is the cap on issue of sweat equity shares?
31.Are all kinds of companies required to obtain approval of shareholders by
means of a special resolution for issuing shares under ESOP?
32.Can an employee who is also a promoter of a company eligible to obtain
sweat equity shares and employee stock of option?
33.Will all the employees of the company be eligible to participate in the
ESOP?
34.Has Section 66 pertaining to reduction of capital been enforced?
35.What is meant by the term “Buy back of Shares” and funds utilized for buy
back?
36.What is the limit prescribed for buy back of shares?
37.Can a company buy back its shares if it is not authorized by its AOA?
38.What is the time limit for completion of buy back?
39.What do you mean by term Prospectus?
40.What do you mean by term Abridged Prospectus?
41.What do you mean by term Red Herring Prospectus?
42.Is it mandatory to file Prospectus?
43.What are matters to be stated in Prospectus?
44.What do you mean by term Deemed Prospectus?
45.What do you mean by term Shelf Prospectus?
46.What is the criminal liability for mis-statements in prospectus?
47.What is the civil liability for mis-statements in prospectus?
48.What is the offer period for rights issue?
49. To whom Sweat equity Shares are issued? What is the cap on issue of Sweat
Equity Shares?

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50.What is meant by ‘Buy Back’ of shares? Which are the funds utilized for
that?
DIRECTORS

1. What is DIN?
2. Is it mandatory for a director to hold digital signature?
3. Who can be appointed as director?
4. What are the broad steps involved in appointment of a director?
5. Can a director be appointed by the Board of a company?
6. What shall be the effective date of resignation of a director?
7. What are the procedures to be carried out by a director at the time of
resignation from the company?
8. How long will the director be liable for the offences occurred during his
tenure?
9. Who are KMPs and whether their appointment requires additional
compliance?
10.Can a director be removed from the Company?
11.Which company is required to appoint Independent Director?
12.What is the limit prescribed for obtaining number of directorships in a
company?
13.What is procedure for appointment of directors of company?
14.What are the minimum and maximum number of directors required in Public
and Private Ltd Company?
15.Can there be more than 15 directors in public and private ltd company?
16.Can a promoter of Company be appointed as independent director?
17.How a person can become a director in a company?
18.In how many companies can a person hold directorship?
19.What is difference between additional, alternate and nominee director?
20. How the director can be disqualified?

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21.How the director can be removed?
22.Who are a Key Managerial Personnel?
23.Can board of directors contribute to charitable funds?
24.Can Board of Directors contribute for political purpose?
25.Can a company directly or indirectly advance load to director?
26.What is an arm length transaction?
27.What is maximum managerial remuneration in case of inadequacy of profit?
28.What is limit for managerial remuneration?
29.Is it mandatory for director to have digital signature?
30.Can a director be made liable for the offence after the end of his tenure?
31.What is concept of beneficial ownership?
32.What are modes of acquiring membership in company?
33.How company can accept deposit from member and public?
34.What are the criteria for appointment of women director?
35.Can BOD appoint the director?
36.What are the criteria for appointment of Independent director?
37.Who is small shareholder?
38.What is the concept of directors’ retirement by rotation?
39.How MD, Manager and Whole-time director are appointed?
40.What income is not included in managerial remuneration?
41.Who is officer in default?

MEETING

1. Are all companies required to hold Board Meetings every quarter?

2. Can a Company restrict a director from participating in a meeting through
video conferencing if he has not given an intimation of participating in the
video conference meetings at the beginning of the year
3. What are the matters which cannot be considered at a meeting held through
video conferencing or other audio-visual means?

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4. Is the notice calling for the board meeting required to state that the meeting
is being convened at a short notice?
5. Can a director interested in the contract participate in the board meeting or
be counted for quorum as per Section 174 of CA 2013?
6. Can meetings of the Audit Committee be held through video conference?
7. Is a company required to obtain approval of the Audit Committee for all the
transaction entered into with related parties?
8. Which powers of the board are required to be exercised at a duly convened
board meeting?
9. When should a company convene its first AGM?
10.Can AGM be held at a place situated outside the limit of city, town or village
in which the Registered Office is situated?
11.Can AGM be convened at shorter notice?
12.Can EGM be held at a place situated outside India?
13.Who can be appointed as proxy?
14.What are the restrictions on a proxy during the shareholders meeting?
15.Can a member of Section 8 Company appoint any other person as its proxy?
16.For how many members can a person be appointed as a proxy?
17.Can one member appoint more than one proxy?
18.When can a proxy be appointed? Can a person be appointed as a permanent
proxy for a member?
19.Can a director appointed as a Chairman at the meeting of the Board for the
purpose of convening such meeting be considered as a person holding the
positon of Chairman of the Company?
20.What are the different types of meetings under CA 2013?
21.What is the time frame for AGM?
22.Can there be a scenario where there will be no AGM in a calendar year?
23.What are the types business transactions that take place in AGM?
24. What is the gap between two annual general meetings?

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25.What do you understand by EGM?
26.Are all members required to be present in CSR committee meeting to form
quorum?
27.Is it mandatory for One Person Company to hold Annual general meeting?
28. What is the quorum for meetings in private and public limited company?
29.Who can demand poll?
30. What if the quorum is not present in the meeting?
31.Does proxy have a right to speak and vote in a meeting?
32.What is the limit for proxy?
33.Is resolution passed at an adjourned meeting being valid?
34.When proxy can be counted as quorum?
35.Can a minute’s book be maintained in loose leaf form?
36.Can generally meetings be held virtually?
37.What are the exceptional cases that cannot be discussed in Board meeting
held virtually?
38.What are the types of resolution?
39.Which resolution required special notice?
40.Who can give special notice?
41.What do you understand by the concept of show of hands?
42.Which companies are eligible for voting through electronic means?
43.What do you understand by postal ballot?

LISTING OF COMPANY
1. What is a Public Listed Company?
2. How a company does convert itself from Private to a Public Listed
Company?
3. What are the tests that a company has to pass in order to be eligible for an
IPO?
4. Are there any exceptions to the test?

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5. What goes into a Draft Red Herring Prospectus?
6. Who is an investment banker?
7. What role does investment banker plays in this process?
8. What is the minimum number of shares that should be offered to public?
9. Is there any exception to the rule of minimum of shares that are to be offered
to the public?
10.What are Hedge Funds/ VC Funds, High Net worth Individuals, Mutual
Funds and Retail Investors, and is there any rule regarding how much shares
are to be allotted to them?
11.When an IPO is said to be a failed IPO?
12.What happens in case an IPO fails?

AUDIT AND AUDITORS

1. Who are internal auditors and which companies are required to appoint
Internal Auditor?
2. Can internal Auditor be appointed by way of a circular resolution?
3. Can the Statutory Auditor and Cost Auditor be the same person or firm?
4. When should the first auditors be appointed?
5. What are the matters to be disclosed in an Auditor's report?
6. What is the term of appointment of an individual and a firm as a statutory
auditor?
7. Is there any transition period provided for complying with the provisions of
Section 139 (2) of the CA, 2013 relating to rotation of auditors?
8. Which are the classes of companies required to comply with the provisions
relating to rotation of auditors?
9. In case of Companies which have already appointed auditors in CA, 1956,
how should the period of 5 years and 10 years for rotation of auditors be
computed?
10.Can a company remove its auditor?

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11.Is there limit on the number of audits an auditor may undertake?
12.Who shall fix the remuneration of Auditors?
13.Is it the duty of the auditor to confirm on internal financial controls?
14.Who shall appoint an auditor of a Government Company?
15.Which services are not to be rendered by auditor of a company?
16.What are the provisions for Reporting Fraud under CA, 2013?
17.What is the procedure for reporting of frauds of less than rupees one crore?
18.Is an auditor required to attend General Meeting?
19.Who can conduct Secretarial Audit and provide the Report?
20.Which companies are required to undergo Secretarial Audit?
21.Whether the Secretarial Audit is voluntary or mandatory as per the
provisions of CA, 2013?
22.What is the format of Secretarial Audit Report?
23.Is Secretarial Auditor entitled to receive notice of AGM in which his report
is to be laid before the members?
24.Is Secretarial Audit applicable to a private company which is a subsidiary of
a public company?
25.What are events and actions required to be reported by the Secretarial
Auditor in the audit report?
26.Can a Practicing Company Secretary certify the Annual Return with
qualification?
27.How is the Secretarial Auditor appointed?
28.Whether communication to earlier incumbent is required
29.What all documents are required from a Cost Accountant before his
appointment in a company?
30.Which companies are required to appoint Internal Auditor?
31.What is the limit of audit an auditor may undertake?
32.Who are first auditors of Company and how are they appointed?
33.Can a government company be appointed as auditor?

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34.Can BOD appoint the auditor?
35.Can a retiring auditor be re-appointed?
36.Who are first auditor of government company and how are they appointed?
37.How auditor can be disqualified?
38.Whether rotation of auditors is mandatory or not?
39.How auditor can be removed?
40.What is audit report?
41.Branch audit is conducted by whom?
42.What is the difference between branch audit, cost audit, secretarial audit and
statutory audit?
43.Which classes of Companies required to conduct internal audit?

ACCOUNTS & ANNUAL RETURN

1. What shall be the first financial year of the newly incorporated company or
body corporate?
2. In case any existing auditor incurs disqualifications as per the CA 2013,
what is the procedure to be followed for appointment of new auditor? Is the
company also required to follow the procedures relating to removal of
auditor as prescribed in the CA, 2013?
3. How does the requirement of rotation of auditor apply to a company having
a calendar year end or June Year-end?
4. Who shall sign the Financial Statements of a Company?
5. Can a company maintain books of account in any place other than Registered
Office?
6. If the Notice of the AGM is circulated at a short notice, can the financial
statements also be sent along with the notice?
7. What is the duration for preserving the Books of Account?
8. Is it required to attach Board’s Report to the consolidated financial
statements?

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9. Are the standalone financial statements of the associates/joint ventures
required to be placed on the website too?
10.Can a branch office of the company maintain its books of account in the
location of branch office?
11.Whether the subsidiary of a company under liquidation is required to
consolidate its accounts as per Section 129 of the CA, 2013?
12.Is it required to comply with Accounting Standards while preparing the
financial statements?
13.What are the modes available for the company to maintain the books of
account?
14.Can a company keep the books and registers at a place other than registered
office of the company?
15.What is the period prescribed for preserving the annual returns prepared
under the CA, 2013?
16.What are the requirements of signing of Annual Return?
17.What are the certification requirements of Annual Return?
18.Is the extract of the Annual Return required to be attached to Board’s Report
in terms of Section 134 (3)(a) of the CA, 2013?
19.In case the AGM is not held, what is the time limit for filing the Annual
Return?
20.Which registers should include the index of names?
21.What is the duration for preservation of Statutory Registers?
DEPOSITS
1. What do you mean by ‘Deposits’? Are loan and deposits similar?
2. What is the source of Deposit for Private company?
3. What is the source of Deposit for Public company other than eligible
company?
4. What is the source of Deposit for eligible company?
5. How much deposit can be taken by Private company from its members?

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6. How much deposit can be taken by Public Company other than eligible
company from its members?
7. What is eligible companies and their criteria for acceptance of deposit?
8. Which type of resolution is to be passed by companies to accept deposit?
9. Is it mandatory for companies to display circular regarding acceptance of
deposit on its website?
10. What is the tenure for deposit?
11. Can the tenure for deposit be between 3 to 6 months?
12. Is it mandatory for companies taking deposit to take credit rating?
13. Can a Private Company accept deposit from its members without complying
with the provisions applicable to deposits?
14. Does Deposit provisions cover debenture?
15. Will advance towards annual maintenance service for more than 365 days be
treated as a deposit?
16. Is share application money pending allotment for more than 60 days treated
as a deposit?
17. In case deposit is taken from a person who is both a director and a member
of the Company, will such receipt of money be treated as deposit or not?
18. In terms of Section 73 of Companies Act, 2013 read with Rule 2(1)(c)(vii) of
Companies (Terms and conditions of Acceptance of Deposit) Rules, 2014,
deposits do not include receipt of money from Director of the Company, but
money received from a member is treated as deposit. In case deposit is taken
from a person who is both a director and a member of the Company, will
such receipt of money be treated as deposit or not?
19. Whether advance taken from customers by real estate company on which no
interest has been paid will be treated as advance or deposit as per the
Companies Act, 2013?

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LOAN TO DIRECTORS

1. Can a private company grant loan to its directors?

2. Can loan be given by a holding company to its wholly owned subsidiary
company or a guarantee given or security provided by a holding company to
any loan made to its wholly owned subsidiary?
3. Is a private company exempt from Section 186 of CA, 2013?
4. Is loan to an employee covered within the ambit of Section 186 of the CA,
2013?
5. Will salary advances made by the Company for only one or two months
(without interest) come within the preview of “Loan”?
6. Is unanimous consent of the board required for entering into a transaction
under Section 186?
7. When is the approval from the public financial institutions not required for
entering into transactions under Section 186?
8. What is the due date for making entries in the new format of Register of
Loans, Guarantees, Security and Acquisition? Also, is a company required to
update the transactions covered under Section 372A of the CA 1956?
9. Which are the transactions covered under Section 188 of the CA, 2013?
10.Can Company provide interest free loans?
11.Which are the transactions that would not require approval of the
shareholders under Section 188?
12.Can a member of a private company interested in a particular transaction
participate and vote at a general meeting?
13.Can a Director who is also a member of a private company participate and
vote at a meeting for the transaction related to payment of remuneration to
such directors?

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14.In what circumstances is the prior approval of Board required for entering
into specified contracts or arrangements with related parties under Section
188?
15.As per the second proviso to Section 188 (1) of the CA, 2013, no member of
the company shall vote on such ordinary resolution, to approve any contract
or arrangement which may be entered into by the company, if such member
is a related party. What is the meaning of related party in such cases?
16.Which are the transactions exempted from being entered in Register of
Contracts and Arrangements in which the directors are interested?
17.Which is the different type of companies required to adopt vigil mechanism?

DIVIDEND

1. Is it mandatory for a company to declare dividend?

2. In case a company declares dividend, what shall be the last date of payment
of dividend?
3. Can a company which has inadequate profits or has incurred loss in the
immediately preceding financial year declare final dividend out of the
accumulated profits of the previous financial years? Also, is there any
restriction on the rate of dividend?
4. Can Board of Directors declare final dividend for the financial year?
5. Can dividend be declared to certain class of shareholders only?
6. Can dividend be paid to certain shareholders of the same class?
7. Can a shareholder whose shares have been transferred to IEPF claim back
his shares?
8. When is unpaid/ unclaimed dividend transferred to Unpaid Dividend
Account?
9. What is the difference between Interim and Final dividend?
10.Who can declare dividend and is it applicable to all companies?

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11.What are the conditions required to be satisfied before the declaration of
dividend?
12.What are the sources of dividend?
13.Can final dividend be revoked?
14.What is unpaid dividend?
15.What if the dividend remains unpaid in the unpaid dividend account for 7
years?
16.When can a company declare interim dividend?
17.What are the sources of IEPF and how it’s utilized?

COMMITTEES

1. What are the types of Board Committee?

2. Which companies are required to form Audit Committee?
3. Which companies are required to form Nomination and remuneration
Committee?
4. Which companies are required to form Stakeholder Committee?
5. Which companies are required to form Risk management Committee?
6. What is the composition of Audit Committee?
7. What is the composition of NRC committee?
8. What is the composition of Stakeholder committee?
9. What is the composition of Risk and management Committee?
10.What is the purpose of formation of committee?
CORPORATE SOCIAL RESPONSIBILITY
1. Whether provisions governing CSR are applicable to private Companies?
2. In which activities can a company contribute towards CSR?
3. Are there any implications of not spending the 2% of average net profits as
CSR expenditure?
4. CSR is applicable to which companies?
5. What activities can be included by companies in CSR activities?

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6. Whether provisions of CSR applicable to foreign company?
7. What are tax benefits can be availed under CSR?
8. Whether provisions of CSR applicable to sec 8 company?
9. Can CSR funds be utilized to fund government scheme?

COMPROMISE AND ARRANGEMENTS

1. What is the major point of difference between merger, acquisition and

takeover?
2. What are the applicable provisions for carrying out Compromise and
arrangements?
3. Who are eligible to raise objections to the scheme of compromise and
arrangement?
4. How do we calculate the ‘shareholding’ and ‘outstanding debt’ while
ascertaining the eligibility to object to the scheme?
5. What is Corporate Debt Restructuring?
6. Under what circumstances the meeting of the creditors may be dispensed by
the NCLT?
7. Do we have to comply with Section 230 and Section 232 while carrying out
the merger and amalgamation of two or more small companies or between
holding and wholly owned subsidiary companies?
8. For how many years the books and papers of amalgamated companies shall
be preserved?
9. What happens in case of merger of listed transferor company into unlisted
transferee company?
10.Can Company buy back its shares under a scheme of arrangement without
following the conditions prescribed under Section 68 of the CA, 2013?

WINDING-UP OF COMPANY
1. What are modes of winding up the company?
2. What are circumstances in which tribunal can wind up the company?

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3. Who can file the petition for winding up?
4. What is difference between provisional and company liquidator?
5. What is the role of advisory committee in winding up?
6. Can liquidator take the assistance of expert in winding up?
7. What is the difference between winding up, liquidation and dissolution?
8. What type of offences can be committed by officer at the time of
liquidation?
9. What is the procedure for winding up unregistered company?

MISCELLANIOUS
1. What do you mean by Borrowing? What are the legal requirements which
company must comply with while borrowing?
2. What are ultra vires borrowings?
3. What are the restrictions imposed on borrowing powers of the Board of
Directors?
4. Distinguish between ‘Fixed Charges’ and ‘Floating Charge’?
5. What are the implications of non-registration of charge with ROC?
6. What is crystallization of floating charge?
7. What is the process for registration of charge created after 2-11-2018?
8. Distinguish between ‘Inspection’ and ‘Investigation’?
9. When can Central Government order investigation into the affairs of a
company?
10.What is the meaning of ‘Oppression and Mismanagement’?
11.What remedies are available to members against oppression and
mismanagement?
12.What is a class action suit? Who can make application on behalf of other
members?
13.What is the procedure for strike off and restoration of company?

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