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Course : Masters in Business
Administration (MBA 4 Sem)
Subject : Corporate Law
Answer the following question.
Q1. State procedure for enquiry on
complaints under S 19 (10marks)
Answer: 1. On receipt of a complaint or a reference
from the Central Government or a State Government or a statutory authority or
on its own knowledge or there exists a prima facie case, it shall direct the
Director General to cause an investigation to be made into the matter.
Information, under section 19, if the Commission s of the opinion that
2. The Director General shall, on receipt of
direction under sub-section (1), submit a report on his findings within such
period as may be specified by the Commission.
Q2. What are the Rights and liabilities
of Incoming partners (10marks)
Answer: The Partnership Deed
contains the mutual rights, duties and obligations of the partners, in certain
cases, the Partnership Act also makes a mandatory provision as regards to the
rights and obligations of partners. When there is no Deed or the Deed is silent
on any point, :ne rights and obligations as provided in the Partnership Act
shall apply.
Rights of a Partner:The
rights of a partner are as follows:
i. Right of the partner to take
part in the day-to-day management of the firm.
ii. Right to be consulted and
heard while taking any decision regarding the business.
iii. Right of access to books of
accounts and call for the copy of the same.
iv. Right to share the profits
equally or as
Q3. How to resolve disputes (10marks)
Answer: Often the most costly
part of resolving a dispute is the time spent dealing with it instead of
running your business. Your dispute may be with a customer, supplier, business
partner or employee. In each case how you manage the dispute may vary, however
there are some key steps you can follow to handle the issue and retain good
business relationships.
Tips to help you manage a dispute:
Compile your facts and evidence
Document the key details of the
dispute. This
Q4. How to convert public company into a
private company (10marks)
Answer: There are largely two
types of Companies, One is a Private Limited Company and the other is Public
Limited Company. Public Company is defined in S. 2 (68) of the Companies Act,
2013 and Private Company is defined Under S. 2 (69) of the Companies Act,
2013. For our understanding, we can
derive that Private Companies are those Companies whose articles of association
restricts the transferability of shares and prevent the public at large for
subscribing to them. This is the basic and important difference between a
Private Company and
Q5. How issue of securities to person
resident outside India take place (10marks)
Answer: In exercise of the powers
conferred by clause (b) of sub-section (3) of Section 6 and Section 47 of the
Foreign Exchange Management Act, 1999 (42 of 1999), the Reserve Bank of India
hereby makes the following amendments in the Foreign Exchange Management
(Transfer or Issue of Security by a Person Resident Outside India) Regulations,
2000 (Notification No. FEMA 20/2000-RB dated 3rd May, 2000), namely:-
1.
Short Title and Commencement:-
Q6. Discuss FDI (10marks)
Answer: A foreign direct
investment(FDI) is an investment in the form of a controlling ownership in a
business in one country by an entity based in another country. It is thus
distinguished from foreign portfolio investment by a notion of direct
control. The origin of the investment
does not impact the definition as an FDI: the investment may be made either
"inorganically" by buying a company in the target country or
"organically" by expanding operations of an existing business in that
country.
Broadly, foreign direct
investment includes "mergers and acquisitions, building new facilities,
reinvesting profits earned from overseas operations and intra company loans".
In a narrow sense, foreign direct investment refers just to building new
facility, a lasting management interest (10 percent or more of voting stock) in
an ente
Q7. Explain acquisition and agreement
(10marks)
Answer: An acquisition is defined
as a corporate transaction where one company purchases a portion or all of
another company’s shares or assets. Acquisitions are typically made in order to
take control of, and build on, the target company’s strengths and capture synergies.
There are several types of business combinations: acquisitions (both companies
survive), mergers (one company survives), and amalgamations (neither company
survives).
Benefits of Acquisitions
Acquisitions offer the following
advantages for the acquiring party:
Q8. Explain dissolution. (10marks)
Answer: Dissolution is the end of
the legal existence of the corporation, basically “corporate death.” It is not
the same as liquidation, which is the process of paying the creditors and
distributing the assets. Until dissolved, a corporation endures, despite the
vicissitudes of the economy or the corporation’s internal affairs.
Voluntary Dissolution
Any corporation may be dissolved
with the unanimous written consent of the shareholders; this is a voluntary
dissolution. This provision is obviously applicable primarily to closely held
corporations. Dissolution can also be accomplished even if some shareholders
dissent. The directors must first adopt a resolution by majority vote
recommending the dissolution. The shareholders must then have an opportunity to
vote on the resolution at a
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Do send your
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