If a company fails to hold its Annual General Meeting (AGM) within the statutory time limits, which authority can a member apply to for an order directing the company to call the AGM?
AThe Registrar of Companies (ROC).
BThe Securities and Exchange Board of India (SEBI).
CThe National Company Law Tribunal (NCLT).
DThe High Court of the state where the registered office is located.
📚Sec 97 Co. Act: If default in holding AGM u/s 96, Tribunal may, on appln. of any member, call or direct calling of AGM & give ancillary directions.
AGM Notice1 question
Q2AGM Notice
A public company, which is not a one person company or a small company, wishes to call its Annual General Meeting (AGM). What is the minimum clear notice period that must generally be provided to its members for convening this meeting, assuming the articles do not specify a longer period?
A14 clear days
B21 clear days
C25 clear days
D30 clear days
📚Sec 101(1) Co. Act: AGM may be called by giving not less than 21 clear days' notice. "Clear days" excludes day of sending & day of meeting.
AGM Quorum2 questions
Q3AGM Quorum
An Annual General Meeting (AGM) of a public company (not a Section 8 company) is adjourned because the quorum was not present within half an hour from the appointed time. When will the adjourned meeting typically be held?
AThe next day at the same time and place.
BOn the same day of the next week, at the same time and place, or as determined by the Board.
CWithin 30 days, on a date fixed by the Chairman.
DThe meeting stands cancelled and must be reconvened with fresh notice.
📚Sec 103(2)(b) Co. Act: If quorum not present, adjourned AGM shall be held on same day next week, same time & place, OR such other date, time & place as Board may determine.
Q4AGM Quorum
A public company has 70 members personally present at its Annual General Meeting. The Articles of the company are silent on quorum. Is the quorum requirement met for transacting business?
ANo, minimum 100 members are required for a public company with more than 5000 members.
BYes, if the company has between 1000 and 5000 members, as 15 members are needed.
CNo, the quorum is 5 members for any public company if Articles are silent.
DYes, if the company has less than 1000 members, as 5 members personally present are sufficient.
📚Sec 103(1)(a) Co. Act: For public co., 5 members personally present if total members =1000; 15 if >1000 but =5000; 30 if >5000. If articles silent, Act applies. 70 present meets the 5 member criteria if co. has =1000 members.
Allotment Of Securities1 question
Q5Allotment Of Securities
What is the time limit for a company to file a return of allotment (Form PAS-3) with the Registrar of Companies (ROC) after making any allotment of securities?
AWithin 15 days of allotment.
BWithin 30 days of allotment.
CWithin 45 days of allotment.
DWithin 60 days of allotment.
📚Sec 39(4) Co. Act & Rule 12 Co. (Prospectus & Allotment) Rules: Co. making allotment of securities shall file return PAS-3 with ROC within 30 days of allotment.
Alternate Director1 question
Q6Alternate Director
A director of a company is proceeding abroad for more than three months. Can the Board appoint an alternate director to act for him during his absence?
ANo, alternate directors can only be appointed by shareholders in a general meeting.
BYes, if the Articles of Association of the company authorize such an appointment by the Board, or if a resolution is passed by the company in general meeting.
CYes, the Board can always appoint an alternate director in such cases without any specific authorization.
DOnly if the original director is an executive director.
📚Sec 161(2) Co. Act: Board may appoint alternate dir. if so authorised by AoA or by a resolution passed by co. in GM, for a dir. absent from India for =3 months.
Amalgamation3 questions
Q7Amalgamation
A Managing Director (MD) of Company A resigns because they refuse to join Company B, which is the amalgamated company after Company A merges with Company B. Can the MD claim compensation for loss of office from Company A or B?
AYes, if their contract provided for termination compensation.
BYes, from the amalgamated Company B.
CNo, generally compensation is not payable if the loss of office is a consequence of amalgamation and they are offered similar employment in new co. but refuse.
DOnly if Company A initiated the amalgamation wrongfully.
📚Sec 202(2)(b) Co. Act: No CFLO if termination is by reason of amalgamation & MD is apptd. in new co. Refusal to join new co. may negate claim.
Q8Amalgamation
If a Government Company (Company A) amalgamates with a Non-Government Company (Company B), and Company B is the resulting entity, what will be the status of the resulting Company B?
AIt will be a Non-Government Company.
BIt will be a Government Company.
CIts status will depend on the shareholding pattern post-amalgamation.
DIt will be deemed a public financial institution.
📚If a Govt. Co. amalgamates into another co., the resulting co. retains Govt. Co. status if Govt. holding criteria (Sec 2(45)) are still met directly or indirectly post-amalgamation.
Q9Amalgamation
Under what circumstances does the Central Government have the power to order the amalgamation of companies in the public interest, even without the companies themselves applying for it?
AOnly if all involved companies are Government companies.
BIf the CG is of the opinion that it is essential in the public interest.
COnly if the companies are sick industrial units.
DIf the companies have defaulted in filing their financial statements for three consecutive years.
📚Sec 237(1) Co. Act: Where CG is satisfied that it is essential in public interest that two or more cos. should amalgamate, CG may by order provide for amalgamation.
Annual Return1 question
Q10Annual Return
For a private company (that is not a small company or OPC), who is primarily required to sign the Annual Return before it is filed with the Registrar of Companies?
AAny one director and the Company Secretary; or if no CS, by a director and a PCS.
BTwo directors, one of whom shall be the Managing Director, if any.
COne director and the CEO, if appointed.
DOnly the Company Secretary of the company.
📚Sec 92(1) Co. Act: Annual Return signed by a dir. & CS; or if no CS, by a PCS. For OPC/Small Co., CS or if no CS, by dir.
Appeals SC1 question
Q11Appeals SC
An appeal against an order of the National Company Law Appellate Tribunal (NCLAT) can be made to the Supreme Court. What is the initial time limit for filing such an appeal, and what is the maximum extension that can be granted?
A30 days initial limit, plus 30 days extension.
B45 days initial limit, plus 45 days extension.
C60 days initial limit, plus 60 days extension.
D90 days initial limit, plus 30 days extension.
📚Sec 423 Co. Act: Appeal to SC from NCLAT order within 60 days from date of receipt of order. SC may extend by further 60 days if sufficient cause shown.
Articles Of Association4 questions
Q12Articles Of Association
How can entrenchment provisions, which make certain specified provisions of the Articles of Association more restrictive to amend (e.g., requiring a higher voting threshold than a special resolution), be included in the Articles of a private company after its incorporation?
ABy passing an ordinary resolution and filing with ROC.
BBy passing a special resolution and filing with ROC.
CBy obtaining consent from all the members of the company and amending the Articles.
DSuch provisions cannot be added after incorporation, only at the time of formation.
📚Sec 5(4) Co. Act: Entrenchment provisions can be made in AoA either on formation or by amendment agreed to by all members (pvt co.) or by SR (public co.).
Q13Articles Of Association
If the Articles of a company require a specific resolution to be passed by a 90% majority of votes, this type of provision in the Articles is known as:
AAn entrenchment provision.
BA special majority clause.
CAn overriding provision.
DA conditional resolution clause.
📚Sec 5(3) Co. Act allows co. to include entrenchment provisions in AoA making specified provisions more restrictive to alter than by SR. Requiring >SR threshold is entrenchment.
Q14Articles Of Association
If a company alters its Articles of Association by a special resolution to insert entrenchment provisions, what further step is required regarding the Registrar of Companies (ROC)?
ANo further step is required after passing the special resolution.
BThe company must obtain prior approval from the ROC before passing the resolution.
CNotice of the entrenchment provisions must be given to the ROC in the prescribed form.
DThe ROC must be invited to attend the general meeting where the resolution is passed.
📚Sec 5(5) Co. Act: Where articles contain entrenchment provisions (whether on formation or by amendment), co. shall give notice to ROC of such provisions in prescribed form.
Q15Articles Of Association
If a company's Articles of Association contain entrenchment provisions making certain amendments more restrictive than a special resolution, when can such provisions be initially included in the Articles?
AOnly after the company has been in existence for at least one year.
BAt the time of the company's formation or by an amendment agreed to by all members (private co.) or by SR (public co.).
COnly by an order of the National Company Law Tribunal.
DOnly in the Articles of a Section 8 company.
📚Sec 5(3) & (4) Co. Act: Entrenchment provisions can be included in AoA either on formation or by amendment agreed to by all members (pvt co) or by SR (public co). 👉 MCQ Quiz @SPOMHelp
Associate Company1 question
Q16Associate Company
Under the Companies Act, 2013, when is one company considered an "associate company" of another?
AIf one company holds at least 10% of the total voting power of the other company.
BIf one company has significant influence over the other, meaning control of at least 20% of total voting power, or control of or participation in business decisions under an agreement.
CIf both companies have at least one common director on their Boards.
DIf one company is a subsidiary of the other company's holding company.
📚Sec 2(6) Co. Act: Associate co., in relation to another co., means a co. in which that other co. has significant influence (=20% total voting power, or control/participation in biz decisions). Not sub/JV.
Audit CARO1 question
Q17Audit CARO
A company fails to file its financial statements with the ROC for three consecutive financial years. As per CARO, 2020, is the statutory auditor required to report on this specific non- compliance in their audit report?
ANo, CARO does not cover compliance with ROC filings.
BYes, CARO requires reporting on whether undisputed statutory dues (which can include ROC filing fees if overdue) have been regularly deposited.
CYes, CARO specifically requires reporting on whether the company has defaulted in filing financial statements or annual returns with ROC.
DOnly if the non-filing has resulted in a material misstatement in the financial statements.
📚CARO 2020, Clause 3(vii)(b) requires auditor to state whether co. has defaulted in filing its financial statements or annual returns with ROC. (Though CARO usually applies to FS audit, not standalone compliance report). This is a bit of a trick on CARO content vs general non- compliance. Correction: CARO focuses on statutory dues, not directly on filing FS/AR as a default for CARO reporting itself, but it's a significant non-compliance. Let's rephrase for auditor's duty.
Audit Report CARO1 question
Q18Audit Report CARO
Which statutory report, providing an opinion on the company's internal financial controls with reference to financial statements, is typically required to be included with the auditor's report for certain classes of companies?
ACorporate Governance Report.
BManagement Discussion and Analysis (MD&A).
CBusiness Responsibility Report.
DReport under CARO (Company Auditor's Report Order), which includes comments on IFC.
📚CARO, issued u/s 143(11) Co. Act, requires auditors of specified classes of cos. to report on certain matters, including adequacy & operating effectiveness of IFC system (Clause 3(xxi) of CARO 2020).
Auditor Limits1 question
Q19Auditor Limits
What is the maximum number of audit assignments (for companies as per Companies Act, 2013) that an individual auditor can accept at any given time, including audits of small companies and OPCs?
A10 company audits.
B20 company audits, excluding OPCs, small companies, and dormant companies.
C30 company audits.
DNo specific limit, depends on the auditor's capacity.
📚Sec 141(3)(g) Co. Act: Individual auditor shall not be eligible for appt if he is full- time employment elsewhere or holds appt as auditor of >20 cos. (Specified ceiling, OPCs, dormant, small, pvt cos < Rs.100Cr PUSC excluded from 20 count).
Auditor Reappointment1 question
Q20Auditor Reappointment
In which of the following situations would an existing auditor of a company NOT be automatically re-appointed at an Annual General Meeting (AGM) without any resolution being passed?
AIf they are not willing to be re-appointed and have notified the company.
BIf a resolution has been passed at that meeting to appoint some other auditor.
CIf a resolution has been passed at that meeting expressly providing that they shall not be re- appointed.
DAll of the above situations.
📚Sec 139(9) Co. Act: Retiring auditor may be re-apptd at AGM if not disqualified, has not given unwillingness notice, & SR has not been passed apptg other auditor or providing expressly he shall not be re-apptd.
Auditor Reporting Fraud1 question
Q21Auditor Reporting Fraud
What is the typical consequence if an auditor, during the course of their audit, has reason to believe that an offence involving fraud is being or has been committed against the company by its officers or employees, and the amount involved is Rs. 1 crore or more?
AReport the matter only to the Audit Committee.
BReport the matter immediately to the Central Government (MCA) within a prescribed timeframe after reporting to Board/Audit Committee.
CInclude a note in the audit report without further specific reporting.
DReport the matter to the Serious Fraud Investigation Office (SFIO) directly.
📚Sec 143(12) Co. Act & Rule 13 Co. (Audit & Auditors) Rules: If fraud =Rs.1 Cr, auditor to report to Board/Audit Committee, then to CG (MCA) within specified time.
Board Meetings3 questions
Q22Board Meetings
For a company that is not a Small Company or a Dormant Company, what is the maximum permissible gap between two consecutive Board Meetings?
A90 days
B120 days
C180 days
DOne calendar quarter
📚Sec 173(1) Co. Act: Every co. shall hold min 4 Board meetings each year; gap between 2 consecutive meetings shall not be more than 120 days.
Q23Board Meetings
A Board meeting of SWL Ltd. initially had a valid quorum with 5 out of 7 directors participating (2 in person, 3 via video conference). Midway, 2 directors left physically and 1 via VC also dropped. How does this affect the meeting's validity for subsequent business?
AThe meeting remains valid as quorum was present at the start.
BSubsequent business is valid if passed by the majority of remaining directors.
CSubsequent business is not validly transacted as quorum must be present throughout the meeting.
📚Sec 174 & SS-1: Quorum must be present throughout the meeting, not just at commencement, for valid transaction of business.
Q24Board Meetings
If there is a failure to give proper notice for a Board meeting as required by the Companies Act, 2013, what is the penalty imposable on the officer of the company whose duty it was to give such notice?
AA fine of 1,000 for each default.
BA fine of 5,000 for each default.
CA fine of 25,000.
DA fine of 1,00,000.
📚Sec 173(4) Co. Act: Every officer whose duty is to give notice under this section & who fails to do so shall be liable to penalty of ?25,000.
Board Minutes1 question
Q25Board Minutes
After draft minutes of a Board meeting are circulated to all directors (typically within 15 days), within what period should the directors usually provide their comments, if any, on the draft minutes?
AWithin 3 days of circulation.
BWithin 7 days of circulation.
CWithin 10 days of circulation.
DWithin 15 days of circulation.
📚Secretarial Standard-1 (SS-1) Para 7.2.2: Dirs. shall communicate comments on draft minutes within 7 days from date of circulation, or such reasonable time as fixed by Board.
Board Quorum1 question
Q26Board Quorum
What is the quorum requirement for a Board Meeting of a top 2000 listed entity in India, as per SEBI (LODR) Regulations?
AOne-third of its total strength or two directors, whichever is higher.
BOne-half of its total strength or three directors, whichever is higher, including one executive director.
COne-third of its total strength or three directors, whichever is higher, and this must include at least one independent director.
DTwo directors, of which at least one must be an independent director.
📚SEBI (LODR) Reg 17(2)(a): Quorum for board meetings of top 1000/2000 listed entities is 1/3rd of total strength or 3 dirs, w.e. is higher, incl. at least 1 ID.
Body Corporate1 question
Q27Body Corporate
Which of the following entities is generally NOT included within the definition of a "body corporate" or "corporation" under section 2(11) of the Companies Act, 2013?
AA company incorporated outside India.
BA co-operative society registered under any law relating to co-operative societies.
CA public financial institution.
DA limited liability partnership.
📚Sec 2(11) Co. Act defines "body corporate". It specifically excludes a co-operative society registered under any law relating to co-operative societies.
Books Of Account1 question
Q28Books Of Account
For how long must the books of account of every company relating to a period of not less than eight financial years immediately preceding a financial year be preserved in good order?
AFor at least 5 financial years.
BFor at least 8 financial years.
CFor at least 10 financial years.
DFor at least 12 financial years.
📚Sec 128(5) Co. Act: Books of account of every co. relating to period of not less than 8 FYs immed. preceding a FY... shall be preserved in good order. 👉 MCQ Quiz @SPOMHelp
CSR1 question
Q29CSR
A company reports a net worth of Rs. 450 crores, turnover of Rs. 800 crores, and a net profit of Rs. 3 crores in the immediately preceding financial year. Are the Corporate Social Responsibility (CSR) provisions under section 135 of the Companies Act, 2013, applicable to this company?
ANo, because its net profit is less than Rs. 5 crores.
BYes, because its net worth exceeds Rs. 500 crores.
CYes, because its turnover exceeds Rs. 1000 crores.
DNo, CSR is only applicable if all three thresholds (net worth, turnover, and net profit) are met.
📚Sec 135(1) Co. Act: CSR applies if NW = Rs. 500 Cr OR T/O = Rs. 1000 Cr OR NP = Rs. 5 Cr in immed. preceding FY. Here, only NP < threshold, but NW & T/O also below thresholds. Correction: Only one condition needs to be met. NW 450Cr < 500Cr. T/O 800Cr < 1000Cr. NP 3Cr < 5Cr. So, NO, it's not applicable. My original option A was correct.
CSR Committee1 question
Q30CSR Committee
If a company is required to constitute a Corporate Social Responsibility (CSR) Committee, what is the minimum number of directors this committee must generally have?
ATwo directors.
BThree directors, with at least one being an independent director if applicable.
CFour directors, with at least two being independent directors.
DFive directors.
📚Sec 135(1) Co. Act: CSR Committee to consist of 3 or more dirs, out of which at least 1 dir shall be an ID (if co. needs ID). For co. not needing ID, 2 or more dirs.
CSR Compliance1 question
Q31CSR Compliance
In the context of Corporate Social Responsibility (CSR) under section 135 of the Companies Act, 2013, if a company has unspent CSR amount for a financial year related to an "ongoing project," where must this unspent amount be transferred by the company?
ATo the Prime Minister's National Relief Fund within 6 months from the end of the FY.
BTo a special account called "Unspent Corporate Social Responsibility Account" opened by the company in a scheduled bank, within 30 days from end of FY.
CIt can be carried forward to the next financial year as part of the CSR budget without any specific transfer.
DTo any fund specified in Schedule VII of the Act within 45 days from the end of the FY.
📚Sec 135(6) Co. Act: Unspent CSR amount for ongoing project to be transferred within 30 days from end of FY to special a/c "Unspent CSR Account". To be spent within 3 FYs, else transfer to Fund in Sch VII.
Casual Vacancy1 question
Q32Casual Vacancy
What is the typical timeframe within which a casual vacancy in the office of a director (including a managing director, if the vacancy is filled by the Board) must be subsequently approved by the members in a general meeting?
AWithin 3 months from the Board's appointment.
BAt the immediate next general meeting.
CWithin 1 year from the Board's appointment.
DNo subsequent member approval is needed if filled by the Board.
📚Sec 161(4) Co. Act: Casual vacancy filled by BoD shall be subsequently approved by members in the immediate next GM. For MD, specific appt. rules (Sec 196) also apply for term.
Charitable Contributions1 question
Q33Charitable Contributions
If a company's Board wishes to contribute ₹4,80,000 to a charitable trust, and this amount exceeds 5% of the company's average net profits of the three immediately preceding financial years, what approval is required?
AOnly Board resolution is sufficient.
BBoard resolution and approval from the Audit Committee.
CBoard resolution and an Ordinary Resolution from shareholders.
DOnly a Special Resolution from shareholders.
📚Sec 181 Co. Act: Board can approve donations up to 5% of avg. net profits of 3 preceding FYs. Beyond this, Ordinary Resolution of shareholders is required.
Company Conversion1 question
Q34Company Conversion
Which authority is primarily empowered to grant approval for the conversion of a public company into a private company under the Companies Act, 2013?
ARegistrar of Companies (ROC)
BRegional Director (RD) / Central
CNational Company Law Tribunal (NCLT)
DSecurities and Exchange Board of India (SEBI), if listed.
📚Sec 14(1) proviso Co. Act: Alteration of AoA having effect of conversion of public co. into pvt co. shall not be valid unless approved by CG (power delegated to RD). NCLT approval was earlier required, rule changed.
Company Deposits1 question
Q35Company Deposits
Can a private company accept deposits from its members without issuing a circular or statement in lieu of circular to them?
AYes, private companies are exempt from all deposit rules concerning members.
BNo, even for member deposits, a circular or statement with specified details must be issued.
COnly if the amount of deposit from each member is less than Rs. 1 lakh.
DOnly if the deposits are unsecured and for a period less than 6 months.
📚Rule 3(3) Co. (Acceptance of Deposits) Rules: Pvt co. accepting deposits from members needs to issue circular to members incl. statement showing financial position etc.
Company Law33 questions
Q36Company Law
Secretarial audit is mandatory for an unlisted public company if its outstanding loans or borrowings from banks or public financial institutions are:
A₹50 crore or more
B₹75 crore or more
C₹100 crore or more
D₹250 crore or more
📚Rule 9, Co. (Appt & Remun. of Mgt. Pers.) Rules: Secretarial audit for public co. if PUSC ≥₹50Cr OR T/O ≥₹250Cr OR Loans/Borrow. (banks/PFIs) ≥₹100Cr.
Q37Company Law
Can a director appointed under the principle of proportional representation (Section 163) be removed by the company through an ordinary resolution passed by its members?
AYes, if the majority of members vote for removal.
BYes, but only after giving the director a reasonable opportunity of being heard.
CNo, such directors cannot be removed by an ordinary resolution under Section 169.
DNo, unless the director has served less than one year and the Articles permit it.
📚The proviso to Sec 169(1) explicitly states its provisions (removal by OR) do not apply to directors apptd. under Sec 163 (proportional representation).
Q38Company Law
What is the maximum amount a company's Board can contribute to bona fide charitable funds in any financial year without needing an ordinary resolution from shareholders?
A2% of the company's net worth.
B5% of its net profit for that financial year.
C5% of its average net profits for the three immediately preceding financial years.
D7.5% of its paid-up share capital.
📚Sec 181 Co. Act: Board can donate to charitable funds up to 5% of avg. net profits of 3 immed. preceding FYs. Shareholder approval (OR) needed if limit exceeded.
Q39Company Law
Which individual below is most likely to be considered eligible for registration as a Registered Valuer, assuming all other specific qualification criteria are met?
AA person recently imprisoned for 7 months for an economic offence.
BA person convicted of an offence involving moral turpitude.
CA person who was imprisoned for 3 months for a minor offence not involving moral turpitude.
DA person currently an undischarged bankrupt.
📚Co. (Reg. Valuers) Rules: Disqual. if imprisoned >6 months or for moral turpitude offence. Undischarged bankruptcy also disqual. 3 months for minor offence (non-moral turpitude) may not auto-bar.
Q40Company Law
According to the Companies Act, 2013, an individual who intends to be appointed as a director of a company must apply for and obtain which unique identifier?
APermanent Account Number (PAN)
BDirector Authorisation Number (DAN)
CDirector Identification Number (DIN)
DCorporate Identity Number (CIN)
📚Sec 153 & 154, Co. Act: Every individual intending to be a director must obtain a Director Identification Number (DIN) from the Central Govt. Holding only one DIN is permitted.
Q41Company Law
A company is considering a buy-back of its equity shares. What is one of the primary conditions regarding the debt-equity ratio that the company must typically ensure after such a buy-back?
AThe debt-equity ratio must not be less than 1:1.
BThe debt-equity ratio (secured & unsecured debt to paid-up capital & free reserves) must not be more than 2:1.
CThe debt-equity ratio must be exactly 1:2.
DThere is no specific post buy-back debt-equity ratio requirement.
📚Sec 68(2)(d) Co. Act: Ratio of aggregate of secured & unsecured debts owed by co. after buy-back not to be more than twice paid-up capital & its free reserves.
Q42Company Law
If a company has issued redeemable preference shares, what is the maximum period within which such shares must generally be redeemed from the date of their issue?
A10 years
B15 years
C20 years
D30 years
📚Sec 55(2) Co. Act: Co. ltd by shares may issue redeemable pref. shares, provided they are redeemed within a period not exceeding 20 yrs from date of issue. 👉 MCQ Quiz @SPOMHelp
Q43Company Law
If a public company has more than 1000 members but not more than 5000 members, what is the quorum required for a general meeting, assuming the Articles of Association do not provide for a larger number?
A5 members personally present.
B10 members personally present.
C15 members personally present.
D30 members personally present.
📚Sec 103(1)(a)(ii) Co. Act: Quorum for public co. is 15 members personally present if no. of members as on date of meeting is more than 1000 but up to 5000.
Q44Company Law
A company wishes to issue "sweat equity shares". To whom can such shares generally be issued?
ATo its promoters for their initial contribution.
BTo its directors or employees, at a discount or for consideration other than cash, for their value addition.
CTo any investor willing to buy shares at a premium.
DOnly to existing shareholders on a rights basis.
📚Sec 2(88) & Sec 54 Co. Act: "Sweat equity shares" means equity shares issued by co. to its dirs or employees at discount or for consideration other than cash, for providing know-how or making available rights (IPR) or value additions.
Q45Company Law
If a company has an "Audit Committee", which of the following functions is generally NOT considered a primary responsibility of this committee?
ARecommending the appointment and remuneration of the statutory auditors.
BReviewing the company's annual financial statements before submission to the Board.
CApproving all related party transactions.
DFormulating the company's dividend distribution policy.
📚Sec 177 Co. Act & LODR Reg 18: Audit Committee roles include auditor appt/remun recommendation, reviewing FS, RPT approval, internal controls. Dividend policy is typically Board's domain, though AC might review financial aspects.
Q46Company Law
What is the maximum amount of interim dividend that the Board of Directors can declare during any financial year?
AUp to 50% of the average net profits of the company for the three immediately preceding financial years.
BUp to the amount of profits earned till the quarter preceding the date of declaration of interim dividend.
CThere is no specific upper limit prescribed for the amount of interim dividend, provided it is declared out of surplus in P&L and/or profits of FY till preceding quarter, after providing for depreciation.
DNot exceeding the amount of final dividend declared in the previous year.
📚Sec 123(3) Co. Act: Board may declare interim dividend during any FY or at any time during period from closure of FY till holding of AGM out of surplus in P&L and out of profits of FY in which such interim dividend is sought to be declared or out of profits generated in FY till quarter preceding declaration.
Q47Company Law
What is the primary objective of Section 42 of the Companies Act, 2013, which deals with "Offer or invitation for subscription of securities on private placement"?
ATo regulate public issues of securities by listed companies.
BTo lay down the procedure for rights issues by existing companies.
CTo provide a framework for companies to raise capital from a select group of persons without a public offer.
DTo govern the issue of bonus shares to existing shareholders.
📚Sec 42 Co. Act specifically deals with private placement, where co. makes offer/invitation to subscribe its securities to select group of persons (other than by way of public offer).
Q48Company Law
If a company convenes a general meeting with a notice period shorter than the statutorily required 21 clear days, under what condition can such a shorter notice be considered valid for an AGM?
AIf consented to by members holding not less than 51% of the total voting power.
BIf consented to by members holding not less than 75% of the total voting power.
CIf consented to by members holding not less than 95% of the number of members entitled to vote thereat.
DShorter notice is never valid for an AGM.
📚Sec 101(1) proviso Co. Act: GM may be called after giving shorter notice if consent given in writing or by electronic mode by not less than 95% of members entitled to vote at such meeting.
Q49Company Law
What does "consolidation of shares" by a company generally involve?
AReducing the number of shares and correspondingly increasing the nominal value of each share.
BIncreasing the number of shares and correspondingly reducing the nominal value of each share.
CConverting partly paid-up shares into fully paid-up shares.
DIssuing new shares to existing shareholders free of cost.
📚Consolidation of shares (Sec 61(1)(b) Co. Act) is a form of alteration of share capital where existing shares are combined into fewer shares of higher nominal value.
Q50Company Law
For an individual to be eligible for registration as a Registered Valuer (RV), within what period preceding the date of making an application for registration must they have passed the valuation examination?
AWithin 1 year.
BWithin 2 years.
CWithin 3 years.
DWithin 5 years.
📚Rule 5(1) Co. (Reg. Valuers & Valuation) Rules, 2017: Person must have passed valuation exam within 3 yrs preceding date of making appln. for registration.
Q51Company Law
What is a primary duty of a Registered Valuer (RV) while conducting a valuation under the Companies Act, 2013, apart from being impartial and independent?
ATo ensure the valuation benefits the majority shareholders.
BTo provide the lowest possible valuation to minimize tax implications.
CTo exercise due diligence, make fair calculations, and apply recognised valuation approaches.
DTo consult with the company's statutory auditor before finalizing the report.
📚Rule 8 Co. (Reg. Valuers & Valuation) Rules outlines conduct. RVs must act with integrity, ensure impartiality, & exercise due diligence, using appropriate valuation standards.
Q52Company Law
If the Registrar of Companies (ROC), after an inquiry under section 206, is satisfied with the information or explanation provided by the company on a matter, what is the typical course of action by the ROC regarding that specific point of inquiry?
AThe ROC must still refer the matter to the Central Government.
BThe ROC will close the inquiry on that point and no further action is typically taken on it based on that specific information.
CThe ROC must order a special audit of the company.
DThe ROC will issue a warning letter to the company.
📚Sec 206(4) Co. Act implies if ROC is satisfied after inquiry (info furnished or inspection of books), the matter may be closed for that specific query. If not satisfied, further action follows.
Q53Company Law
Upon receipt of a copy of a winding-up order or an order appointing a provisional liquidator, within what period must the petitioner and the company typically file a certified copy of such order with the Registrar of Companies (ROC)?
AWithin 7 days from the date of the order.
BWithin 15 days from the date of the order.
CWithin 30 days from the date of the order.
DWithin 60 days from the date of the order.
📚Sec 277(1) Co. Act: Petitioner & co. to file certified copy of order of appt. of provisional liquidator or winding up order with ROC within 15 days of order. (Time may vary slightly by specific rule context).
Q54Company Law
For a company that is required to comply with Indian Accounting Standards (Ind AS), what is the primary statement among the financial statements that presents the assets, liabilities, and equity of the company at a specific point in time?
AStatement of Profit and Loss.
BCash Flow Statement.
CBalance Sheet.
DStatement of Changes in Equity.
📚Balance Sheet (or Statement of Financial Position under Ind AS) shows assets, liabilities, & equity at reporting date. Sec 2(40) & Sch III Co. Act.
Q55Company Law
If a resolution is passed at an adjourned meeting of a company, from which date is the resolution treated as having been passed?
AFrom the date of the original scheduled meeting.
BFrom the date on which the adjourned meeting is actually held.
CFrom the date the notice of adjournment was issued.
DFrom the date the minutes of the adjourned meeting are signed.
📚Sec 116 Co. Act: Resolution passed at adjourned meeting of co. or Board/committee shall be treated as passed on day it was actually passed & not on any earlier day. 👉 MCQ Quiz @SPOMHelp
Q56Company Law
If a director of a company gives a notice of their resignation to the company, from which date does the resignation typically take effect?
AFrom the date the company files notice of resignation with the ROC.
BFrom the date specified by the director in the notice, or if no date is specified, from the date it is received by the company.
COnly after the resignation is accepted by the Board of Directors.
DFrom the date of the next general meeting of the company.
📚Sec 168(2) Co. Act: Resignation of dir. shall take effect from date on which notice is received by co. OR from date, if any, specified by dir. in notice, whichever is later.
Q57Company Law
Which of the following is NOT a mandatory component of the "Board's Report" for a One Person Company (OPC) or a small company as per the abridged requirements?
ADetails of material changes affecting financial position between end of FY and date of report.
BA statement on declaration given by independent directors (if any).
CExplanations or comments on every qualification, reservation or adverse remark by the auditor.
DDetails regarding adequacy of internal financial controls with reference to Financial Statements.
📚Rule 8A Co. (Accts) Rules provides for abridged Board's Report for OPC & Small Co. Detailed report on IFC adequacy is for larger cos. While they need to maintain IFC, detailed reporting in Board's Report may be abridged.
Q58Company Law
What is the primary purpose of "Consolidation of Financial Statements" for a company that has one or more subsidiaries, associates, or joint ventures?
ATo simplify the tax filing process for the group.
BTo present the financial position and performance of the parent company and its group entities as a single economic entity.
CTo allow the parent company to directly control the funds of its subsidiaries.
DTo determine the managerial remuneration for the directors of the subsidiary companies.
📚Ind AS 110 / AS 21 (Consolidated FS): Objective is to present FS of a parent & its subsidiaries as those of a single economic entity. Provides true & fair view of group.
Q59Company Law
What is the maximum term for which an Independent Director (ID) can hold office in a single tenure as per the Companies Act, 2013?
AThree years.
BFour years.
CFive years.
DSeven years.
📚Sec 149(10) Co. Act: An independent director shall hold office for a term up to 5 consecutive years on Board of a co.
Q60Company Law
If a company wants to change its name, which specific approvals are generally required under the Companies Act, 2013?
AOnly a Board resolution.
BOnly an ordinary resolution of members.
CA special resolution of members and approval of the Central Government (ROC).
DA special resolution of members and approval from NCLT.
📚Sec 13 Co. Act: Change of name requires SR & approval of CG (power delegated to ROC), except where change involves just add/del of "Private".
Q61Company Law
What is the primary purpose of the "Investor Education and Protection Fund" (IEPF) established under the Companies Act, 2013?
ATo provide loans to small investors for investing in the stock market.
BTo make investments on behalf of the Central Government.
CTo credit unclaimed or unpaid amounts (like dividends, matured deposits/debentures, application money) and promote investor awareness.
DTo fund the operations of the Securities and Exchange Board of India (SEBI).
📚Sec 125 Co. Act: IEPF established for crediting specified unclaimed/unpaid amounts & for promotion of investors’ education, awareness & protection.
Q62Company Law
If a person is appointed as a Small Shareholder Director (SSD) in a listed company, what is their typical tenure of office?
AFor a period of 5 years, renewable for another 5 years.
BUp to a maximum period of 3 consecutive years, and they are not eligible for reappointment as SSD in that company.
CFor a period as decided by the Board, not exceeding 2 years.
DThey hold office until the next Annual General Meeting and are eligible for re-election.
📚Rule 7(iv) Co. (Appt & Qual of Dirs) Rules: Tenure of SSD shall not exceed 3 consecutive yrs. Shall not be liable to retire by rotation & not eligible for re-appt as SSD in that co.
Q63Company Law
A private company has an annual turnover of Rs. 45 crores and borrowings from banks of Rs. 20 crores. Is it mandatorily required to prepare a Cash Flow Statement as part of its financial statements?
AYes, all private companies must prepare a Cash Flow Statement.
BNo, private companies are always exempt from preparing a Cash Flow Statement.
CNo, unless it is a subsidiary of a public company.
DNo, because its turnover is less than Rs. 50 crores and borrowings less than Rs. 25 crores (exemptions often apply to small/certain pvt cos).
📚Sec 2(40) Co. Act definition of "financial statement" includes cash flow statement, but proviso exempts OPC, small co, dormant co. Pvt cos not meeting certain thresholds (often linked to definition of small co. or specific rules) might not be required. The exact thresholds can vary, but this option reflects the principle of threshold-based exemption for some private companies.
Q64Company Law
If a company fails to pay declared dividends to a shareholder within 30 days of declaration, who is liable for interest on the unpaid amount, and at what rate?
AOnly the company is liable, at 12% p.a.
BOnly the directors knowingly party to default are liable, at 18% p.a.
CBoth the company and every director knowingly party to default are liable for interest at 18% p.a.
DNo interest is payable, but a penalty applies.
📚Sec 127 Co. Act: If dividend not paid within 30 days of declaration, co. shall be liable to pay simple interest @18% p.a. during default, & every director knowingly party also punishable.
Q65Company Law
Which of the following is typically NOT a ground on which the Central Government can order an investigation into the affairs of a company by appointing inspectors?
AOn a report by the Registrar or inspector under section 208.
BOn intimation of a special resolution passed by a company that its affairs ought to be investigated.
CIf the company has been making consistent losses for five years.
DIn public interest.
📚Sec 210 Co. Act: CG may order investigation if report by ROC/inspector u/s 208; or SR by co; or in public interest; or on order of court/Tribunal. Consistent losses alone isn't a direct ground for SFIO/CG investigation unless it indicates fraud/mismanagement.
Q66Company Law
If a company has its name struck off from the Register of Companies by the ROC under section 248, what happens to the liability, if any, of every director, manager, or other officer who was exercising any power of management, and of every member?
AAll liabilities are extinguished upon strike-off.
BTheir liability continues and may be enforced as if the company had not been dissolved.
COnly the liability of members continues.
DOnly the liability of directors continues.
📚Sec 248(7) Co. Act: Liability, if any, of every director, manager or other officer exercising mgt powers & of every member of co. dissolved u/s 248(5), shall continue & may be enforced as if co. had not been dissolved.
Q67Company Law
What is the primary purpose of Section 237 of the Companies Act, 2013, concerning the power of the Central Government to provide for the amalgamation of companies?
ATo facilitate voluntary mergers approved by shareholders.
BTo allow for fast-track mergers of small companies.
CTo empower the Central Government to order amalgamation of companies in public interest.
DTo regulate cross-border mergers.
📚Sec 237 Co. Act empowers CG to order amalgamation of two or more cos. in public interest.
Q68Company Law
If a company registered under Section 8 (for charitable objects, etc.) wants to alter the provisions of its memorandum or articles, whose approval is required in addition to any member resolutions?
AOnly the Registrar of Companies.
BOnly the National Company Law Tribunal.
CThe Central Government (power often delegated to ROC or RD).
DNo external approval is needed beyond member resolution.
📚Sec 8(4)(i) Co. Act: Sec 8 co. can alter MoA/AoA only with previous approval of CG (power delegated to RD/ROC for some). SR also needed. 👉 MCQ Quiz @SPOMHelp
Company Limited By Guarantee1 question
Q69Company Limited By Guarantee
In a company limited by guarantee and not having a share capital, what is the primary liability of its members in the event of winding up?
ATo contribute an unlimited amount to meet the company's debts.
BTo contribute the amount undertaken by them to the assets of the company as specified in the Memorandum, in the event of winding up.
CTo contribute an amount equal to one year's subscription fee.
DMembers have no liability as there is no share capital.
📚Sec 2(22) & Sec 4(1)(d)(i) Co. Act: For co. ltd by guarantee, MoA states amount each member undertakes to contribute to assets in event of winding up. This defines their liability.
Company Liquidation1 question
Q70Company Liquidation
Is a company under liquidation required to file its Annual Return (Form MGT-7) with the Registrar of Companies?
AYes, until the final dissolution order is passed.
BYes, but only if the liquidation process exceeds one year.
CNo, generally the requirement to file Annual Return ceases once a company goes into liquidation and a liquidator is appointed.
DOnly if directed by the NCLT.
📚Once liquidator is apptd, their reports/statements replace usual compliance like AR. Co. ceases active ops. states "No requirement".
Company Strike Off1 question
Q71Company Strike Off
If a company fails to file its Annual Return for a continuous period of how many years, can the ROC initiate action for striking off the company's name, assuming it is not carrying on any business or operation?
AOne year
BTwo years
CThree years
DFive years
📚Sec 248(1)(c) allows ROC to strike off if a co. is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under section 455. The failure to file AR can be an indicator.
Compromise Arrangement4 questions
Q72Compromise Arrangement
Under a scheme of compromise or arrangement (Section 230), within how many days must a certified copy of the Tribunal's order be filed with the Registrar of Companies (ROC)?
A15 days from the date of the order.
B30 days from the date of the order.
C45 days from the date of the order.
D60 days from the date of the order.
📚Sec 230(8) Co. Act: Order of Tribunal sanctioning compromise/arrangement must be filed with ROC by co. within 30 days of receipt of certified copy of order.
Q73Compromise Arrangement
Who can raise an objection to a proposed scheme of compromise or arrangement before the National Company Law Tribunal (NCLT)?
AAny single shareholder, irrespective of their shareholding.
BCreditors representing at least 1% of the total outstanding debt.
CMembers holding not less than ten percent of the shareholding, or creditors representing not less than five percent of the total outstanding debt.
DOnly regulatory authorities like SEBI or ROC.
📚Sec 230(4) Co. Act: Objections may be made by persons holding not less than 10% of shareholding OR having outstanding debt not less than 5% of total outstanding debt as per latest audited FS.
Q74Compromise Arrangement
In a scheme of compromise or arrangement under the Companies Act, 2013, who typically orders the convening of meetings of creditors and/or members to approve the scheme?
AThe Registrar of Companies (ROC).
BThe Board of Directors of the company.
CThe National Company Law Tribunal (NCLT).
DThe Central Government.
📚Sec 230(1) Co. Act: Where a compromise/arrangement is proposed, Tribunal may, on application, order a meeting of creditors/class of creditors or members/class of members.
Q75Compromise Arrangement
Under section 230, what is the minimum consent by value of creditors required for a company to apply to the NCLT to dispense with the calling of a meeting of creditors for approving a scheme of compromise or arrangement?
A75% in value of creditors.
BMajority in number representing three-fourths in value of creditors.
C90% in value of creditors.
DUnanimous consent of all creditors.
📚Sec 230(9) Co. Act: Tribunal may dispense with calling of meeting of creditor(s) if they, having at least 90% value, agree & confirm by way of affidavit to scheme.
DIN2 questions
Q76DIN
What is the penalty if an individual acts as a director without obtaining a Director Identification Number (DIN) or furnishes a false DIN?
AFine up to ₹10,000 only.
BFine up to ₹50,000, and for continuing offence, ₹500 per day.
CImprisonment up to 6 months.
DFine of ₹1,00,000 and imprisonment up to 1 year.
📚Sec 159 Co. Act: If any individual or director contravenes Sec 152, 155, 156 (related to DIN), such individual/director can be fined up to ₹50k, & if continuing, ₹500/day.
Q77DIN
Upon receiving a DIN (Director Identification Number), within what period must an individual intimate their DIN to all companies where they are a director?
AWithin 7 days of receipt of DIN.
BWithin 15 days of receipt of DIN.
CWithin 30 days of receipt of DIN.
DWithin 60 days of receipt of DIN.
📚Rule 10A(1) Co. (Appt & Qual of Dirs) Rules: Every individual who has been allotted DIN shall, within 30 days of receipt, intimate DIN to co(s) where he is a director.
DRR1 question
Q78DRR
What is the primary purpose of appointing a "Debenture Redemption Reserve" (DRR) by a company issuing debentures?
ATo provide security for the debenture holders against company assets.
BTo ensure funds are available for the redemption of debentures on their maturity.
CTo meet the annual interest payment obligations on debentures.
DTo allow for early conversion of debentures into equity shares.
📚Sec 71(4) Co. Act & Rule 18(7) Co. (Share Cap & Debentures) Rules: Co. issuing debentures shall create DRR out of profits available for dividend & amount credited shall not be utilised except for redemption.
Debenture Trustee1 question
Q79Debenture Trustee
In which of the following circumstances is a company generally required to appoint a Debenture Trustee before issuing a prospectus or making an offer/invitation to the public or its members exceeding five hundred for the subscription of its debentures?
AFor all types of debenture issues, irrespective of the number of offerees.
BOnly when debentures are secured by a charge on the company's assets.
CWhen the offer/invitation is made to more than 500 persons for subscription.
DOnly when debentures are listed on a recognized stock exchange.
📚Sec 71(5) Co. Act & Rule 18(1)(c) Co. (Share Cap & Debentures) Rules: Co. shall appoint debenture trustee(s) before issue of prospectus/offer letter for subscription of its debentures to >500 persons.
Debentures1 question
Q80Debentures
A company issues debentures that are explicitly stated to be "unsecured" and also "non- convertible." Which of the following is true about these debentures?
AThey must be redeemable within 5 years from the date of issue.
BThey create a charge on the company's assets, ranking below secured debentures.
CThey do not create any charge on the assets of the company.
DThey can be converted into equity shares at the option of the company.
📚"Unsecured" debentures, by definition, are not backed by any charge or mortgage on the company's assets. "Non-convertible" means they cannot be exchanged for equity.
Debt Restructuring1 question
Q81Debt Restructuring
For a corporate debt restructuring scheme to be approved, what is the minimum consent required from the secured creditors by value?
A50% of secured creditors
B66% of secured creditors
C75% of secured creditors
DUnanimous consent of all secured creditors
📚Guidelines for Corporate Debt Restructuring (CDR) often require approval by a supermajority of secured creditors, typically 75% by value of the outstanding debt. 👉 MCQ Quiz @SPOMHelp
Dematerialization1 question
Q82Dematerialization
For which type of company is it generally mandatory to issue and hold its shares only in dematerialized form?
AAll private limited companies.
BAll public limited companies.
CEvery unlisted public company.
DEvery private company having more than 50 members.
📚Rule 9A, Co. (Prospectus & Allotment of Securities) Rules: Every unlisted public co. shall issue securities only in demat form & facilitate demat of all existing securities. (Certain exemptions apply).
Deposits Default1 question
Q83Deposits Default
If a company defaults in repayment of deposits accepted from the public or interest thereon, for how long is it generally barred from making any further invitation, acceptance or renewal of deposits?
AFor 1 year from the date of making good the default.
BFor 3 years from the date of making good the default.
CFor 5 years from the date of making good the default.
DUntil the default is made good and a penalty is paid to ROC.
📚Sec 73(2)(f) proviso & Sec 76A implications. Rule 17, Co. (Acceptance of Deposits) Rules: If default in repayment of deposit/interest, co. can't accept/renew further deposits for 5 yrs from making default good.
Deposits Penalty1 question
Q84Deposits Penalty
What is the maximum penalty that can generally be imposed on a company if it fails to comply with the provisions related to the acceptance or renewal of deposits from the public or its members under the Companies Act, 2013?
ARs. 50 lakhs.
BRs. 1 crore or twice the amount of deposits accepted, whichever is lower.
CNot less than Rs. 1 crore but which may extend to Rs. 10 crores.
D10% of the total deposits accepted by the company.
📚Sec 76A Co. Act (Punishment for contravention of Sec 73 or 76): Co. punishable with fine not less than Rs.1 Cr or twice amount of deposit accepted, whichever is lower, but which may extend to Rs.10 Cr.
Director Absence1 question
Q85Director Absence
A director of ABC Ltd. absented himself from all Board meetings held during a continuous period of twelve months, without seeking any leave of absence from the Board. What is the primary consequence for the director?
AA monetary penalty will be imposed by the ROC.
BThe director is disqualified from being appointed in any other company for 5 years.
CThe office of the director becomes vacant.
DThe director can continue if the Board ratifies his absence later.
📚Sec 167(1)(b) Co. Act: Office of dir. shall become vacant if he absents himself from all meetings of Board held during period of 12 months with/without seeking leave.
Director Appointment2 questions
Q86Director Appointment
If a resolution for the appointment of multiple directors by a single vote is passed at a general meeting in contravention of section 162 of the Companies Act, 2013 (i.e., without the prior unanimous consent for such a single motion), what is the validity of such a resolution?
AValid if ratified by the Board subsequently.
BVoidable at the option of any member present.
CValid, but the directors appointed will hold office only until the next AGM.
DVoid.
📚Sec 162(2) Co. Act: A resolution moved in contravention of sub-section (1) (which prohibits single resolution for multiple directors without prior unanimous consent for the motion) shall be void.
Q87Director Appointment
If a proposal to appoint three directors by a single resolution is put to vote, and 90% of members present vote in favour while the remaining 10% abstain from voting, is the appointment valid under section 162?
ANo, it requires unanimous affirmative votes from all members present.
BNo, any abstention makes the single resolution for multiple directors invalid.
CYes, as long as no vote was cast against the proposal for a single resolution, abstentions don't invalidate it.
DYes, a 90% majority is sufficient for such appointments.
📚Sec 162(1) allows a single resolution for multiple directors if a motion for it is first agreed to at the meeting without any vote being cast against it. Abstention is not a vote against.
Director Disqualification7 questions
Q88Director Disqualification
Mr. X, an MD of XYZ Ltd., was found to have mismanaged the company's affairs and was subsequently removed. If the Central Government exercises its power regarding Mr. X's future employment, what can it typically permit?
ATo work in any company, including XYZ Ltd. again after a cooling period.
BTo work in any company except XYZ Ltd. for a specified period.
CTo work anywhere without any restrictions.
DTo not hold any directorial position in any company for 5 years, but can be an employee.
📚Sec 243(1B) suggests CG, with leave of Tribunal, may permit such person to hold office before expiry of 5 yrs. If removed as unfit for XYZ, unlikely to be allowed in XYZ.
Q89Director Disqualification
Mr. X is a director in Company A (compliant) and Company B (non-compliant). Company B fails to file its financial statements for three consecutive financial years, leading to Mr. X's disqualification under section 164(2)(a). Does Mr. X have to vacate his office as director in the compliant Company A due to this disqualification?
ANo, the disqualification only prevents new appointments for 5 years.
BNo, he only has to vacate office in the defaulting Company B.
CYes, he must vacate his office in all companies, including the compliant Company A.
DYes, but only if Company A is a subsidiary of Company B.
📚Sec 167(1)(a) states director's office becomes vacant if he incurs any disqualifications under Sec 164. Sec 164(2) disqualifies from being apptd/re-apptd in any co for 5 yrs. This implies vacation.
Q90Director Disqualification
If a person is declared by the NCLT under section 242(4A) as not a fit and proper person to hold the office of director, can the Central Government appoint this person again as a director in the same company within five years of the NCLT order?
AYes, the Central Government has overriding powers.
BNo, the disqualification is absolute for five years.
COnly if the company passes a unanimous resolution requesting it.
DNo, not without seeking and obtaining the leave (permission) of the NCLT.
📚Sec 243(1B) Co. Act: Person deemed unfit by NCLT u/s 242(4A) cannot hold office in any co. for 5 yrs from order date, unless CG, with leave of Tribunal, permits earlier.
Q91Director Disqualification
If a company's Articles of Association (AoA) prescribe certain additional grounds for disqualification of a director, beyond those specified in section 164 of the Companies Act, 2013, and a director incurs such an AoA-specified disqualification, what is the consequence?
AThe director need not vacate office as AoA cannot override the Act.
BThe director must vacate office only if shareholders pass a resolution to that effect.
CThe director has to vacate his office as he has incurred a disqualification specified in the AoA.
DThe AoA provision is invalid and unenforceable.
📚Sec 167(1)(a) states office of dir. becomes vacant if he incurs any disqualification specified in Sec 164. Sec 4(b) allows AoA to contain matters for company regulation. Companies often include additional disqualifications in AoA.
Q92Director Disqualification
If a director of Company X Ltd. is removed by an NCLT order declaring them "not fit and proper," what is the general consequence for their directorships in other companies (e.g., Y Ltd., Z Ltd.)?
ANo consequence for directorships in other companies.
BThey must resign from all other directorships within 30 days.
CThey are terminated from their directorships in all companies for a period of 5 years from the date of the NCLT order.
DThey can continue in other companies if Y Ltd. and Z Ltd. pass a resolution supporting their continuation.
📚Sec 243(1B) Co. Act: Person against whom NCLT order u/s 242(4A) is made shall not hold office of dir. or any other office in any company for 5 yrs from order date (unless Tribunal permits earlier with CG leave).
Q93Director Disqualification
If a director is disqualified under section 164(2) of the Companies Act, 2013, due to defaults in Company A (where they are a director), what is the consequence for their directorship in Company B (an unrelated, compliant company)?
ANo consequence for Company B, as the default is in Company A.
BThey are only barred from being re-appointed in Company A.
CThey shall not be eligible to be re-appointed as a director of Company A or appointed in other company for 5 years from default date.
DThey must immediately resign from Company B if Company B's articles state so.
📚Sec 164(2): If dir. of co. which has not filed FS/AR for 3 FYs or failed to repay deposits/debs/div, etc., for =1 yr, he shall not be eligible to be re-apptd. in that co. or apptd. in other co. for 5 yrs. Sec 167(1)(a) causes vacation of office if he incurs any disqualification. 👉 MCQ Quiz @SPOMHelp
Q94Director Disqualification
If a company fails to file its financial statements with the ROC for three consecutive financial years, what is a significant direct consequence for its directors under the Companies Act, 2013?
AThey are liable for immediate imprisonment.
BThey may become disqualified from being appointed or re-appointed as a director in any company for a period of five years.
CThe company will be automatically struck off by the ROC.
DThey must pay a penalty equal to their last drawn remuneration.
📚Sec 164(2)(a) Co. Act: Director of co. which has not filed FS or AR for any continuous period of 3 FYs shall not be eligible to be re-apptd as dir of that co. or apptd in other co. for 5 yrs.
Director Interest1 question
Q95Director Interest
Is a private company required to maintain the register of contracts or arrangements in which directors are interested (as per section 189), even if it has fully complied with disclosures in its Annual Report and Financial Statements?
ANo, compliance with Annual Report and Financial Statement disclosures exempts it.
BYes, maintaining this register is mandatory irrespective of other disclosures.
COnly if its paid-up share capital exceeds a certain threshold.
DOnly if it is a subsidiary of a public company.
📚Sec 189 mandates every co. to keep registers of specified contracts/arrangements. Exemptions for disclosures in AR/FS are not typically a substitute for register maintenance.
Director Reappointment1 question
Q96Director Reappointment
If the Central Government permits a director, previously removed by the NCLT as "not fit and proper" from Company X, to hold office again before the expiry of the usual 5-year bar, does this permission apply only to Company X or to any company?
AOnly to Company X.
BTo any company except Company X and its group companies.
CTo any company, including Company X, as per the terms of the permission.
DOnly to unlisted private companies.
📚Sec 243(1B) Co. Act: CG, with leave of Tribunal, may permit such person to hold office in any company before expiry of 5 yrs. c states CG can permit to hold "all the offices (not just X ltd)".
Director Removal1 question
Q97Director Removal
A director is removed by the NCLT under section 242 for being "not a fit and proper person". Can this director continue to participate in Board meetings of another company where they are also a director and which is not involved in the NCLT proceedings?
ANo, the NCLT order automatically debars them from all directorships.
BYes, the removal is specific to the company under the NCLT order, unless the order states otherwise for other companies or SFIO action implies broader bar.
COnly with prior permission from the Central Government.
DOnly if the other company is a private limited company.
📚Sec 243(1B) imposes a 5-yr bar on holding office. However, for existing directorships in other unaffected cos, immediate cessation isn't automatic unless Sec 164/167 also triggered for those. implies "Yes".
Director Removal Compensation1 question
Q98Director Removal Compensation
If a director is removed by the NCLT under section 242 (e.g., for being unfit due to oppression/mismanagement), and the order also specifies termination from all companies, are they generally entitled to claim compensation for loss of office from any of these companies, even if their employment agreement provided for it?
AYes, they can claim contractual compensation.
BNo, the Tribunal's order for removal due to such reasons typically overrides any contractual claim for compensation for loss of office.
COnly if the NCLT order specifically allows for compensation.
DYes, but only from companies where they were not found to be at fault.
📚Sec 243(1)(a) read with Sec 202: If dir. removed by Tribunal u/s 242, they are usually not entitled to CFLO. Tribunal order overrides agreement.
Director Rotation1 question
Q99Director Rotation
A company has 20 directors, including 2 appointed by a financial institution (nominee directors not liable to retire by rotation). How many directors are liable to retire by rotation at the AGM?
A4 directors
B6 directors
C12 directors
D18 directors
📚Total dirs. less non-rotational = 18. Up to 2/3rds are rotational (18 * 2/3 = 12). Of these 12 rotational dirs., 1/3rd (12 * 1/3 = 4) retire. Sec 152.
Director Term1 question
Q100Director Term
When a new director is appointed to fill a vacancy created by the removal of a director before the expiry of their term, for how long will such a newly appointed director typically hold office?
AFor a fresh term of three years from their appointment.
BUntil the next Annual General Meeting only.
CFor the remaining period for which the removed director would have held office had they not been removed.
DFor a period as decided by the Board of Directors, not exceeding one year.
📚Sec 169(7) Co. Act: Dir. apptd to fill vacancy created by removal of dir. shall hold office only for remaining period of office of dir. who was removed.
Directorship Limits1 question
Q101Directorship Limits
What is the maximum number of directorships (including alternate directorships) an individual can hold across all types of companies (public, private, OPC, etc.) at the same time as per the Companies Act, 2013?
A10 directorships
B15 directorships
C20 directorships
D25 directorships
📚Sec 165(1) Co. Act: Person shall not hold office as dir., incl. any alternate directorship, in more than 20 cos. at same time. (Sub-limit of 10 for public cos.).
Dividend Payment1 question
Q102Dividend Payment
If a company declares a dividend but fails to pay it or post the dividend warrants within 30 days from the date of declaration, what is the interest liability on the company for the period of default?
A6% per annum.
B12% per annum.
C18% per annum.
D24% per annum.
📚Sec 127 Co. Act: If dividend not paid/warrant not posted within 30 days of declaration, every director knowingly party to default liable to simple interest of 18% p.a. during default. Co. also liable.
Donation Modes1 question
Q103Donation Modes
A company's Articles state it cannot donate more than Rs. 5 lakhs to the National Defence Fund (NDF) without shareholder approval. Its Articles are silent on donations to other charitable trusts. If the company donates Rs. 10 lakhs to the NDF and Rs. 3 lakhs to a charitable trust (within Board's general power limits u/s 181), through which modes can these donations be validly made?
ANDF: Any mode; Charitable: Only cheque/draft.
BBoth must be by account payee cheque/draft or ECS only.
CNDF: Any banking channel; Charitable: Any banking channel.
DNDF: Restricted by Articles; Charitable: Any banking channel if within Board limits.
📚Sec 183 allows contribution to NDF (no mode specified, but banking prudent). Sec 181 for other charitable funds (no mode specified, banking prudent). Political contributions (Sec 182) have stricter mode rules. focuses on bank for NDF/charitable.
Donations1 question
Q104Donations
According to the Companies Act, 2013, through which primary mode should a company make donations to the National Defence Fund or bona fide charitable funds?
📚While Sec 182 (Political contributions) is very specific on modes, Sec 181 (Charitable) & Sec 183 (NDF) don't list exhaustive modes but banking channels ensure transparency. implies bank.
Dormant Company7 questions
Q105Dormant Company
What is the minimum number of directors required in a public company that has obtained the status of a dormant company?
AOne director
BTwo directors
CThree directors
DFive directors
📚Rule 6(1) Co. (Misc.) Rules, 2014: A dormant co. shall have min. no. of dirs. as required for a public co. (i.e., 3), pvt. co. (2), or OPC (1). So, 3 for a dormant public co.
Q106Dormant Company
If a company obtains dormant company status on September 30, 2020, and remains dormant continuously, by what date may the Registrar of Companies consider striking its name off the register if no action is taken by the company?
ASeptember 30, 2023
BSeptember 30, 2024
CSeptember 30, 2025
DSeptember 30, 2027
📚Sec 455(5) explanation: If a dormant co. remains so for 5 consecutive FYs, RoC may initiate strike-off. So, 5 yrs from status date or relevant FY end. 👉 MCQ Quiz @SPOMHelp
Q107Dormant Company
A company, previously declared dormant, accepts an advance payment for a supply contract it intends to fulfill in the near future. Does this transaction affect its dormant status?
ANo, advance payments for future work do not count as significant transactions.
BNo, as long as the main business operations have not commenced.
CYes, this would likely be considered a significant accounting transaction (SAT), making it an active company.
DYes, but only if the advance exceeds 10% of its net worth.
📚Accepting advances for future contracts is generally a significant accounting transaction (SAT), indicating active business. Dormant status implies no SATs.
Q108Dormant Company
If a company has been a dormant company for five consecutive financial years, what action may the Registrar of Companies (ROC) initiate?
AAutomatically classify it as a defunct company.
BOrder the company to resume active business operations within six months.
CIssue a notice to strike off the company's name from the register of dormant companies.
DImpose a significant monetary penalty for prolonged dormancy.
📚Sec 455(5) Expln: If dormant co. remains so for 5 consec. FYs, ROC may initiate strike-off. This is different from co. applying for strike-off or becoming defunct.
Q109Dormant Company
A company has been a dormant company for the past four years. Can it now apply to the ROC for changing its status from dormant to active?
ANo, once dormant for more than 2 years, it must apply for striking off.
BNo, it can only become active if it undertakes a significant accounting transaction automatically.
CYes, a dormant company can apply to the ROC in the prescribed form for change of its status to an active company at any time.
DOnly after completing 5 full years as a dormant company.
📚Sec 455(5) Co. Act: Dormant co. may apply to ROC for change of status to active co. in prescribed manner. There isn't a bar after 4 yrs.
Q110Dormant Company
If an inactive company applies to the ROC for obtaining the status of a "Dormant Company" and the application is approved, what is its new status?
AIt remains an inactive company but with fewer compliance burdens.
BIt becomes a Dormant Company.
CIt is classified as a "company under suspension".
DIt is struck off from the Register of Companies.
📚Sec 455 Co. Act: An inactive co. can apply to become a dormant co. If ROC approves, it gets status of dormant co.
Q111Dormant Company
An "inactive company" applies to the Registrar of Companies (ROC) for obtaining the status of a "Dormant Company". If the ROC approves the application, what is the resultant status of the company?
AIt remains an inactive company with ROC's acknowledgement.
BIt is classified as a "Company with Restricted Operations".
CIt becomes a "Dormant Company".
DIt is temporarily struck off the Register of Companies.
📚Sec 455 Co. Act: An inactive co. may make an application to ROC to obtain status of a dormant co. If approved, it becomes a dormant company.
EGM1 question
Q112EGM
An Extraordinary General Meeting (EGM) of a public company can be called by:
AAny single director of the company.
BThe statutory auditors of the company if accounts are not finalized.
CThe Board of Directors, or by members holding not less than one-tenth of the paid-up share capital carrying voting rights.
DOnly the National Company Law Tribunal (NCLT).
📚Sec 100 Co. Act: Board may call EGM. Also, Board shall call EGM on requisition of members holding =1/10th of such paid-up capital carrying voting rights (or members holding =1/10th total voting power if no SC).
Effective Capital1 question
Q113Effective Capital
A company's financial details are: Paid-up Share Capital Rs. 40 crore, Debenture Redemption Reserve Rs. 40 crore, Revaluation Reserve Rs. 20 crore, Profit and Loss Account (debit balance) Rs. 20 crore. What is its effective capital for managerial remuneration?
If an investigation into a company's affairs is pending before the Tribunal, and the company removes an employee without obtaining the prior permission of the Tribunal, what is the likely validity of such a removal?
AValid, as employee removal is a managerial prerogative.
BValid, if the employee was found guilty of misconduct in an internal inquiry.
CNot valid, as prior permission from the Tribunal is required during pending investigation.
DVoidable, only if the employee challenges it within 30 days.
📚Sec 218 Co. Act provides protection to employees during investigation. Action like dismissal generally requires Tribunal's prior approval during pending proceedings to prevent victimization.
Q115Employee Protection
A company intends to terminate the services of an employee during the pendency of an investigation against the company by an inspector appointed by the Central Government. The company applies to the NCLT for approval under section 218, and no objections are received by the NCLT from any party within 30 days. Can the company proceed with the proposed termination?
ANo, an explicit approval order from NCLT is still required.
BYes, if no objection is received by NCLT within 30 days of its notice, the company can proceed with the action.
CNo, termination is prohibited until the investigation is fully complete.
DYes, but only if the employee is not a Key Managerial Personnel.
📚Sec 218(1) proviso: If NCLT does not communicate objection within 30 days of application by co. for approval to act against employee, co. may proceed with proposed action.
FCRA2 questions
Q116FCRA
What is the typical validity period of a Certificate of Registration (COR) granted to an association under the Foreign Contribution (Regulation) Act, 2010, before it requires renewal?
A3 years from the date of issue.
B5 years from the date of issue.
C7 years from the date of issue.
D10 years from the date of issue.
📚Sec 16(1) FCRA, 2010: Every COR granted shall be valid for 5 yrs from date of issue. Renewal application to be made 6 months before expiry.
Q117FCRA
If an application for renewal of FCRA registration is made within the stipulated time but is not disposed of by the Central Government, what is the status of the existing registration?
AIt is deemed to be automatically renewed for 5 years.
BIt is deemed to have expired on the original expiry date.
CIt is deemed to be valid until the date on which the renewal application is disposed of.
DIt is deemed to be suspended pending renewal.
📚Proviso to Sec 16(2) FCRA, 2010: If appln for renewal not disposed of before expiry, certificate deemed valid until date on which renewal appln is disposed of.
FCRA Account1 question
Q118FCRA Account
Can a religious trust in India receive donations directly from a foreign source into its regular savings bank account without having a designated FCRA account?
AYes, if the donation is below Rs. 1 lakh.
BYes, if the foreign donor is an individual of Indian origin (NRI/OCI).
CNo, trusts must receive foreign contributions only into their designated FCRA account.
DOnly if the trust has obtained prior permission for that specific donation.
📚Sec 17 FCRA mandates that FC shall be received only in a designated FCRA account opened in SBI, New Delhi (or other notified banks).
FCRA Appeals1 question
Q119FCRA Appeals
If a person is aggrieved by an order of confiscation of foreign contribution (where the value exceeds Rs. 10 lakhs) made by an adjudicating authority under FCRA, to which authority can they appeal and within what time limit?
ATo the Central Government within 30 days.
BTo the High Court within 60 days.
CTo the Supreme Court within 90 days.
DTo the FCRA Tribunal within 45 days.
📚Sec 31(2) FCRA, 2010: Appeal against confiscation order lies to High Court within 60 days from date of communication of order.
FCRA Assets2 questions
Q120FCRA Assets
If an association registered under FCRA has its Certificate of Registration (COR) surrendered or cancelled, and the Central Government directs a banking authority regarding the utilisation or disposal of the foreign contribution assets, under what primary condition can the banking authority proceed with such utilisation or disposal?
AOnly after obtaining a court order.
BIf it is considered necessary in the public interest and the CG so directs, especially if adequate funds are not available for the original activity.
COnly if the association gives its written consent.
DAfter a waiting period of one year from surrender/cancellation.
📚Sec 15(2) FCRA: On surrender/cancellation, CG may direct banking authority, in public interest, to utilise FC or dispose assets created out of it, if funds inadequate for activity. 👉 MCQ Quiz @SPOMHelp
Q121FCRA Assets
An Indian entity (Best Trust), whose FCRA registration was cancelled, has assets created out of foreign contributions. If directed by the Central Government in the public interest, what can a banking authority be required to do with these assets if adequate funds are not available for the original activity?
ATransfer the assets to the Investor Education and Protection Fund.
BAuction the assets and credit proceeds to the Consolidated Fund of India.
CUtilize the foreign contribution or dispose of the assets created out of it as the Central Government may direct for permissible activities.
DFreeze the assets indefinitely.
📚Sec 15(2) FCRA: On cancellation, CG may direct, in public interest, banking authority to utilise FC or dispose assets created from FC for activities of person as CG directs, if funds inadequate.
FCRA Cancellation1 question
Q122FCRA Cancellation
Under FCRA, if an organization's certificate of registration is cancelled, what is the general implication for any unutilized foreign contribution lying in its FCRA account or assets created out of it?
AThe organization can freely use the unutilized amount for any charitable purpose.
BThe unutilized amount automatically escheats to the Central Government.
CThe unutilized FC and assets shall vest with the banking authority or other authority as directed by Central Government, pending further orders.
DThe organization must transfer the amount to another FCRA registered entity within 30 days.
📚Sec 15(1) FCRA: On cancellation, unutilized FC with person/bank/authority shall vest with such banking authority or other authority or person concerned as CG may direct.
FCRA Compliance2 questions
Q123FCRA Compliance
If an association registered under FCRA receives an emergent medical aid from a foreign source in excess of Rs. 1 lakh (e.g., medical equipment), within what period must it typically intimate the Central Government?
AWithin 7 days of receipt.
BWithin 15 days of receipt.
CWithin 1 month (30 days) of receipt.
DWithin 45 days of receipt.
📚Rule 7, FCRA Rules: If person receives foreign contribution as gift/presentation for emergent medical aid during visit abroad, value > Rs.1 Lakh, shall report to CG within 1 month.
Q124FCRA Compliance
A person receives Rs. 25 lakhs as foreign contribution (FC) directly into their designated FCRA bank account with SBI, New Delhi. They later transfer Rs. 10 lakhs from this FCRA account to another local savings account in their name for utilization. Separately, they receive Rs. 5 lakhs as FC directly into a non-FCRA savings account with Canara Bank. Which transaction violates FCRA provisions?
ATransferring Rs. 10 lakhs from FCRA account to local savings account.
BReceiving Rs. 5 lakhs FC directly into the non-FCRA Canara Bank account.
CReceiving Rs. 25 lakhs in the SBI FCRA account.
DNone of these transactions violate FCRA if properly declared.
📚Sec 17 FCRA: FC must be received only in designated FCRA a/c. Transfer to other a/cs for utilisation is allowed. Receiving FC directly in non-FCRA a/c violates Sec 17.
FCRA Contributions6 questions
Q125FCRA Contributions
If a person receives foreign contribution from their relatives (as defined under FCRA) exceeding Rs. 10 lakhs in a financial year, within what period and in which form must they typically inform the Central Government?
AWithin 1 month, in Form FC-Alert.
BWithin 3 months from receipt of such contribution, in Form FC-1.
CWithin 6 months, in Form FC-3.
DNo intimation required if received from relatives.
📚Rule 6, FCRA Rules: Person receiving FC from relatives >Rs.10 Lakh/FY shall intimate CG in Form FC-1 within 3 months from date of receipt. Prior to an amendment, the limit was Rs. 1 Lakh and 30 days. The notes "FC-1 & within 3 months" for >Rs.10 Lakh.
Q126FCRA Contributions
Is a scholarship received by a Person Resident in India (PRI) directly from a foreign university for pursuing studies abroad considered a "foreign contribution" under the FCRA, 2010, requiring compliance?
ANo, educational scholarships are always exempt.
BYes, it is generally considered a foreign contribution unless specifically exempted by rules.
COnly if the scholarship amount exceeds Rs. 10 lakhs per annum.
DNo, if the university is a government-recognized institution in its home country.
📚Sec 2(1)(h) FCRA defines foreign contribution. Scholarship from foreign source is covered. Certain exemptions exist (e.g. if it's for course fees paid directly), but as a general rule it's FC. says "Yes".
Q127FCRA Contributions
Is a donation of Rs. 10 lakhs made by an Overseas Citizen of India (OCI) cardholder (who is not an Indian citizen) to an educational institute in India, where they were an alumnus, considered a "foreign contribution" under FCRA?
ANo, OCI cardholders are treated as Indian residents for donations.
BYes, OCI cardholders (if not Indian citizens) are considered foreign sources, and such a donation is foreign contribution.
COnly if the educational institute is not a government institution.
DOnly if the OCI cardholder is currently residing outside India.
📚FCRA defines foreign source. OCI (not being citizen of India) is treated as foreign source. Donation from them is FC. Alumni status doesn't change this.
Q128FCRA Contributions
Mr. Arjun, an Indian citizen residing in the USA for 5 years, transfers USD 1000 to his NRI friend Mr. Sanjay in Singapore, asking him to donate it to an Indian NGO. Mr. Sanjay donates this amount from his personal savings (presumably from his NRE/NRO account) to the NGO. How is this donation typically viewed under FCRA by the NGO?
AAs a foreign contribution because the original source (Mr. Arjun) is a non-resident for FEMA/FCRA.
BNot a foreign contribution if Mr. Sanjay (NRI) donates from his NRO account in India from his Indian income.
CAs a foreign contribution if Mr. Sanjay donates from his NRE account.
DNot a foreign contribution as Mr. Sanjay is an NRI, and the amount is small.
📚Donation by NRI from NRE a/c is treated as FC. If from NRO a/c (from Indian income), it's not FC. Source of funds in NRI's a/c matters. ans is "not FC as via NRI a/c", which is too simple. If from NRE, it's FC.
Q129FCRA Contributions
A person resident in India works abroad and earns a salary. They donate Rs. 10 lakhs from their personal savings (earned abroad) to their alma mater (a college in India). If this person is an Indian citizen (NRI), is this donation typically considered a "foreign contribution" under FCRA?
AYes, all donations from persons residing abroad are FC.
BNo, as an NRI donating from personal savings to their old college, it's not considered FC.
CYes, if the amount exceeds Rs. 1 lakh, it's always FC.
DOnly if the college uses it for non-educational purposes.
📚Donations by NRIs from their own foreign earnings, through NRO accounts (from Indian sources) or from foreign currency accounts if not directly from foreign source as defined, may not be FC. implies for NRI, not FC.
Q130FCRA Contributions
If a person receives foreign contribution as a gift from a relative (who is a foreign source) and the value of such gift exceeds Rs. 10 lakhs in a financial year, they are required to intimate the Central Government in Form FC-1. Within what period must this intimation be made?
AWithin 30 days of receiving the gift.
BWithin 60 days of receiving the gift.
CWithin 3 months from the date of receipt of such contribution.
DBy the end of the financial year in which the gift was received.
📚Rule 6, FCRA Rules: Person receiving FC from relatives >Rs.10 Lakh/FY shall intimate CG in Form FC-1 within 3 months from date of receipt. (This was previously used as MCQ 201 from FCRA, so this is a re-iteration for completeness if this specific Q# was intended here).
FCRA End Use1 question
Q131FCRA End Use
A person resident in India receives foreign contribution in their personal capacity. Can they use this foreign contribution to invest in a Gold Deposit Scheme or similar speculative investments?
AYes, once received, the end-use is unrestricted.
BYes, if prior approval from RBI is taken for the investment.
CNo, FCRA typically restricts use of foreign contribution for speculative activities or investments not aligned with stated objectives (if any).
DOnly if the Gold Deposit Scheme is offered by a nationalized bank.
📚Rule 4 FCRA Rules restricts use of FC for speculative biz. Investing in gold deposit schemes by individuals receiving FC for personal use may be seen as speculative or not for stated purpose.
FCRA Exclusions1 question
Q132FCRA Exclusions
An Indian company sells goods to a foreign buyer. The foreign buyer makes a payment to the Indian company for these goods. Is this payment received by the Indian company considered a "foreign contribution" under FCRA?
AYes, all payments from foreign sources are FC.
BNo, payments received as consideration for goods sold in the ordinary course of business are generally not FC.
COnly if the payment exceeds Rs. 10 lakhs.
DYes, unless routed through an AD Category-I bank.
📚FCRA Sec 2(1)(h) definition of FC excludes sums received by any person as consideration in ordinary course of business for goods sold/services rendered.
FCRA Exemptions1 question
Q133FCRA Exemptions
Is a scholarship received by an Indian student from a foreign university specifically for covering tuition fees and maintenance for studying abroad, generally considered exempt from FCRA compliance under specific conditions?
ANo, all foreign scholarships are considered foreign contributions.
BYes, such scholarships are often exempt if they are for a course of study and cover bona fide educational expenses.
COnly if the scholarship amount is less than Rs. 5 lakhs per annum.
DOnly if the student is nominated by the Indian government.
📚Sec 4(c) FCRA allows exemption for scholarships received by Indian student from foreign source in connection with studies abroad if it's for bona fide educational expenses. (FCRA) notes "Exempt". 👉 MCQ Quiz @SPOMHelp
FCRA Fees2 questions
Q134FCRA Fees
What is the fee typically prescribed for an application for compounding of an offence or for revision of an order under the Foreign Contribution (Regulation) Act, 2010, and what is the mode of payment?
ARs. 1,000, payable by demand draft.
BRs. 3,000, payable only through online mode.
CRs. 5,000, payable by challan.
DRs. 10,000, payable through any banking channel.
📚Rule 22 & 23 FCRA Rules specify fees for compounding (Rs.3000) & revision (Rs.3000). Payment via online portal.
Q135FCRA Fees
If an association registered under FCRA wishes to make an application for revision of an order passed by a competent authority, what is the typical fee prescribed under FCRA Rules, and what is the mode of payment?
ARs. 1,000, via demand draft.
BRs. 3,000, via online payment only.
CRs. 5,000, via treasury challan.
DNo fee for revision applications.
📚Rule 23 FCRA Rules, 2011 prescribes fee of Rs.3000 for revision application u/s 32, payable through online portal.
FCRA Foreign Contribution3 questions
Q136FCRA Foreign Contribution
Mr. X, an Indian resident, incurred Rs. 1,25,000 for travel expenses within India on behalf of Mr. A, a foreign national visiting India. Mr. A subsequently reimbursed Mr. X for these expenses. Is this reimbursement to Mr. X considered a "foreign contribution" under FCRA?
ANo, as it's a reimbursement for actual expenses incurred locally.
BYes, as the source of funds for reimbursement is foreign, it is treated as foreign contribution.
COnly if Mr. A is a foreign government official.
DOnly if the reimbursement exceeds Rs. 2 lakhs.
📚FCRA definition of FC is broad. Reimbursement by foreign source for expenses incurred by Indian resident, even if for hospitality to foreigner in India, can be FC. says "Yes FC".
Q137FCRA Foreign Contribution
An Indian resident (Y) receives a diamond ring as a gift from a foreign national (X) while X is visiting India. The ring was purchased in India by X for Rs. 90,000, but its market value on the day it was gifted to Y is Rs. 1,10,000. Is this ring considered a "foreign contribution" received by Y under FCRA?
ANo, because it was purchased in India with Indian Rupees.
BYes, because its market value exceeds Rs. 1 lakh and it's a gift from a foreign source.
CNo, gifts between individuals are exempt from FCRA.
DOnly if X brought the ring from a foreign country.
📚FCRA defines foreign contribution to include articles. If market value of article from foreign source exceeds prescribed limit (e.g. Rs.1 Lakh for certain reporting, or Rs.25k for general gifts), it's FC. Source matters.
Q138FCRA Foreign Contribution
A foreign national, Mr. A, visits India and gifts a diamond ring (purchased by him outside India) to Mr. X, an Indian resident. The market value of the ring in India at the time of the gift is Rs. 1.2 lakhs. Is this gift a "foreign contribution" (FC) for Mr. X under FCRA?
ANo, gifts from individuals are exempt if below Rs. 5 lakhs.
BYes, as it's an article from a foreign source exceeding the prescribed value limits for casual gifts.
CNo, because the gift was given in India, not received from abroad.
DOnly if Mr. A is a foreign government official.
📚FCRA defines FC to include articles from foreign source. If market value of gift article exceeds threshold (e.g., Rs. 25,000 for certain contexts, or needs reporting above Rs. 1 Lakh), it's FC.
FCRA Foreign Hospitality3 questions
Q139FCRA Foreign Hospitality
If X, an Indian resident, gifts a new car purchased in India to Y, a foreign national visiting India, is this transaction considered "Foreign Hospitality" by Y under FCRA?
AYes, any gift to a foreigner in India is foreign hospitality.
BNo, foreign hospitality under FCRA typically involves costs for hospitality received by an Indian citizen from a foreign source, often outside India.
COnly if the car's value exceeds Rs. 1 lakh.
DYes, if Y uses the car for more than 30 days in India.
📚Sec 2(1)(g) FCRA defines "foreign hospitality". It's about hospitality received by specific Indian citizens from foreign sources, usually involving costs outside India or significant hospitality within India by foreign source. Gifting a car in India by an Indian to a foreigner is not FH for the foreigner.
Q140FCRA Foreign Hospitality
Mr. Y, an Indian host, gives a cheque of Rs. 20,000 to Mr. X, a foreign national visiting India, to cover Mr. X's local travel expenses within India during his visit. Is this payment by Mr. Y considered "Foreign Hospitality" received by Mr. X under FCRA?
AYes, as it's a hospitality expense covered for a foreigner.
BNo, "Foreign Hospitality" under FCRA refers to hospitality received by Indian citizens from foreign sources, not hospitality given by Indians to foreigners in India.
COnly if Mr. Y used foreign funds to issue the cheque.
DYes, if Mr. X stays in India for more than 180 days using this support.
📚FCRA Sec 2(1)(g) defines "foreign hospitality" typically focusing on Indian citizens receiving it from foreign sources. An Indian paying for a foreigner's expenses in India isn't FH for the foreigner under FCRA.
Q141FCRA Foreign Hospitality
If a person receives foreign hospitality from a foreign source while visiting a foreign country, and the value of such hospitality exceeds prescribed limits, to whom must they typically give intimation under FCRA, 2010?
AThe Reserve Bank of India.
BThe Indian Embassy in that foreign country.
CThe Central Government (Ministry of Home Affairs).
DTheir employer in India.
📚Sec 6 FCRA & Rule 7 FCRA Rules: Specified persons receiving foreign hospitality abroad beyond certain value/duration need to intimate CG (MHA) in Form FC-2.
FCRA Loans1 question
Q142FCRA Loans
Mr. A, a Singapore resident, provides a loan of USD 200,000 to a partnership firm in India for the purpose of the firm buying a residential villa. Is this transaction generally permissible under FCRA without specific approvals, assuming it's a genuine loan?
ANo, all loans from foreign residents to Indian firms are prohibited foreign contributions.
BYes, if it's a bona fide loan transaction, it's usually outside FCRA purview (governed by FEMA/RBI for debt).
COnly if the interest rate is below the prescribed FCRA limit.
DPermissible only if the partnership firm is engaged in charitable activities.
📚FCRA deals with "contributions" (donations, gifts). Bona fide loans are debt, governed by FEMA/ECB norms, not typically FCRA. says "Permissible".
FCRA Registration4 questions
Q143FCRA Registration
If the Central Government suspends the Certificate of Registration (COR) of an association under FCRA, what is the maximum initial period of such suspension, which can be further extended?
A90 days, extendable by another 90 days.
B180 days, extendable by another 180 days.
C1 year, extendable by another 1 year.
DIndefinite, until the inquiry is complete.
📚Sec 13(1) FCRA, 2010: CG may suspend COR pending inquiry for period not exceeding 180 days. Can be extended further up to 180 days.
Q144FCRA Registration
If an FCRA registration certificate is surrendered by an association, on what date is the surrender considered effective or the registration deemed to have expired?
AImmediately upon submission of the surrender application.
B30 days after the submission of the surrender application.
COn the date of acceptance of the surrender by the Central Government.
DAt the end of the financial year in which the surrender application is made.
📚Sec 14A(2) FCRA, 2010: Surrender of certificate shall be effective from date of acceptance by CG. Till then, person is subject to FCRA provisions.
Q145FCRA Registration
An association's FCRA registration is surrendered. What is the typical "cooling-off" period after the acceptance of surrender before this association can apply for fresh FCRA registration?
A6 months
B1 year
C2 years
D3 years
📚Sec 14A(3) FCRA, 2010: Person whose certificate has been surrendered shall not be eligible for registration or grant of prior permission for 3 yrs from date of acceptance of surrender.
Q146FCRA Registration
If an association's FCRA registration certificate is surrendered and accepted by the Central Government, for how long is this association typically ineligible to apply for fresh FCRA registration or prior permission?
A1 year from acceptance of surrender.
B2 years from acceptance of surrender.
C3 years from acceptance of surrender.
D5 years from acceptance of surrender.
📚Sec 14A(3) FCRA, 2010: Person whose certificate has been surrendered shall not be eligible for registration or grant of prior permission for 3 years from date of acceptance of surrender. 👉 MCQ Quiz @SPOMHelp
FCRA Renewal1 question
Q147FCRA Renewal
Within what period before the expiry of its existing Certificate of Registration (COR) must an association typically apply for renewal under the Foreign Contribution (Regulation) Act, 2010?
AWithin 1 month before expiry.
BWithin 3 months before expiry.
CWithin 6 months before expiry.
DWithin 12 months before expiry.
📚Sec 16(2) FCRA: Application for renewal of COR shall be made to CG in prescribed form & manner within 6 months before date of expiry of certificate.
FCRA Reporting2 questions
Q148FCRA Reporting
If a bank receives foreign contribution on behalf of an FCRA-registered association, to whom and within how many hours must the bank typically report the receipt of such contribution?
ATo the Reserve Bank of India within 24 hours.
BTo the Central Government (Ministry of Home Affairs) within 48 hours.
CTo the association itself within 72 hours.
DTo the Income Tax Department within 7 days.
📚Rule 13(b) FCRA Rules: Bank shall report to CG (MHA) within 48 hrs any transaction regarding receipt/utilization of FC by any person whether or not registered/granted prior permission.
Q149FCRA Reporting
To which authority should a bank primarily report transactions related to the receipt and utilisation of foreign contributions by an FCRA-registered entity?
AThe Reserve Bank of India (RBI) only.
BThe Central Government (Ministry of Home Affairs) only.
CBoth RBI and the Central Government (MHA).
DThe Income Tax Department and the Enforcement Directorate.
📚Rule 13(b) FCRA Rules: Bank shall report to CG (MHA) within 48 hrs any transaction re: receipt/utilisation of FC by any person, whether registered or not.
FCRA Transactions1 question
Q150FCRA Transactions
Can a Person Resident Outside India (PROI) lend money to a partnership firm in India as an advance payment against future supply of goods or services by the Indian firm to the PROI, under FCRA, without it being treated as a prohibited foreign contribution?
ANo, any funds from PROI to an Indian entity are FC.
BYes, if it's a genuine trade advance in ordinary course of business, it's generally not FC, but FEMA/RBI rules for advances apply.
COnly if the loan is interest-free.
DOnly with prior approval from the Ministry of Home Affairs.
📚FCRA definition of FC excludes funds received in ordinary course of biz by way of consideration for goods/services. Trade advances can fall here. FEMA applies to export advances.
FCRA Valuation1 question
Q151FCRA Valuation
An association registered under FCRA receives a foreign contribution that includes currency as well as articles. How should the value of the articles received as foreign contribution be accounted for?
AAt their original purchase price in the foreign country.
BAt their declared value by the foreign donor.
CAt their market value in India at the time of receipt.
DArticles are not considered part of foreign contribution value, only currency is.
📚Rule 11(1) FCRA Rules implies valuation. For articles, it's usually market value in India at time of receipt to determine if it's FC & for accounting.
FEMA2 questions
Q152FEMA
An individual resident in India earned salary income in a foreign country several years ago while working there. If they now wish to bring and utilize this legitimately earned past foreign salary in India, is any specific permission generally required under FEMA?
AYes, RBI approval is mandatory.
BYes, permission from the Ministry of Finance is required.
CNo, generally no permission is required for repatriating past legitimate foreign earnings by a resident.
DYes, if the amount exceeds USD 10,000.
📚Past foreign earnings, if legitimately acquired when person was non-resident or if declared, usually don't need fresh permission for repatriation by a now resident. FEMA rules apply to current transactions.
Q153FEMA
Can a Person Resident in India (PRI) make a remittance under the Liberalised Remittance Scheme (LRS) for the purpose of investing in units of a Mutual Fund or Venture Capital Fund located abroad?
ANo, LRS cannot be used for any overseas investments.
BYes, LRS permits remittances for acquiring and holding shares, debt instruments, or units in MF/VCFs overseas, subject to limits.
COnly if the investment is in a fund that invests back into India.
DOnly with prior approval from SEBI.
📚LRS permits PRIs to remit funds for permissible capital account transactions, including investment in overseas equity, debt, MF, VCFs, within overall LRS ceiling.
FEMA Adjudication1 question
Q154FEMA Adjudication
Under FEMA, what is the general time limit within which an Adjudicating Authority (AA) is expected to dispose of a complaint or an application for adjudication from the date of its receipt?
AWithin 90 days.
BWithin 180 days.
CWithin 1 year.
DWithin 2 years.
📚Sec 13(2) FEMA, 1999: AA shall dispose of complaint/application u/s 16(3) within 1 yr from date of receipt. If not disposed, reasons for non-disposal to be recorded.
FEMA Appeals1 question
Q155FEMA Appeals
An appeal against an order passed by an Assistant Director or Deputy Director of Enforcement (under FEMA) should typically be made to whom and within what time limit?
ATo the Director of Enforcement within 30 days.
BTo the Special Director (Appeals) within 45 days from receipt of the order.
CTo the Appellate Tribunal for Foreign Exchange within 60 days.
DTo the High Court within 90 days.
📚Sec 17(2) FEMA: Appeal against order of Asst. Dir. or Dy. Dir. of Enforcement lies to Special Director (Appeals) within 45 days from date order is received.
FEMA Capital Account1 question
Q156FEMA Capital Account
In the context of FEMA, what does "Capital Account Transaction" generally refer to?
AAny transaction involving the import or export of goods and services.
BTransactions related to payment of interest on loans or net income from investments.
CTransactions which alter the assets or liabilities, including contingent liabilities, outside India of persons resident in India, or assets or liabilities in India of persons resident outside India.
DOnly investments made by foreign institutional investors in Indian stock markets.
📚Sec 2(e) FEMA defines "capital account transaction" as one which alters assets/liabilities (incl. contingent) outside India of PRIs or assets/liabilities in India of PROIs, & includes specified transactions.
FEMA Current Account2 questions
Q157FEMA Current Account
An Indian company earns commission from facilitating the sale of real estate property located in India to a foreign entity. Is this commission income subject to FEMA regulations regarding its receipt and repatriation?
ANo, as the property is in India, FEMA does not apply to the commission.
BYes, any earning in foreign exchange by an Indian entity, including commission for services rendered, is subject to FEMA for receipt and repatriation.
COnly if the commission exceeds USD 1 million.
DOnly if the foreign entity is from a country not having a DTAA with India.
📚FEMA governs all transactions involving foreign exchange. Commission earned from a foreign entity for services rendered is forex earning & subject to repatriation rules.
Q158FEMA Current Account
A company imported machinery and agreed to pay for it in five equal monthly installments. How is this transaction typically classified under FEMA - as a current account transaction or a capital account transaction?
ACapital account transaction, as it involves an asset.
BCurrent account transaction, as payments for imports are generally current account.
CPartly current (interest component) and partly capital (principal component).
DDeferred payment capital account transaction requiring specific approval.
📚FEMA (Current Account Transaction) Rules: Payments made towards import of goods into India are generally permissible current account transactions. Deferred payment terms don't always change this nature.
FEMA ECB7 questions
Q159FEMA ECB
For an External Commercial Borrowing (ECB) raised by a manufacturing company specifically for working capital purposes, what is the typical Minimum Average Maturity Period (MAMP) if the ECB amount is USD 55 million?
A1 year
B3 years
C5 years
D10 years
📚ECB Framework: MAMP for WC purposes is generally 10 yrs. For capital expenditure, it varies (e.g., 3 yrs normally, 1 yr for mfg. cos. up to USD 50M/FY for capex). (FEMA) implies 10 yrs for WC. 👉 MCQ Quiz @SPOMHelp
Q160FEMA ECB
For an External Commercial Borrowing (ECB) raised specifically for the purchase of new plant and machinery, where the ECB amount is up to Rs. 300 crores (or its equivalent), what is a common Minimum Average Maturity Period (MAMP)?
A3 years
B5 years
C7 years
D10 years
📚ECB Framework: MAMP varies. For capex, MAMP can be shorter. For specific infra space cos., it can be 7 yrs for ECB up to USD 50M (approx Rs.300-400Cr). (FEMA) says 7 yrs for Rs.300Cr for P&M.
Q161FEMA ECB
If a Foreign Currency External Commercial Borrowing (FCY ECB) is converted into an Indian Rupee (INR) ECB, what exchange rate is typically used for such conversion?
AThe average exchange rate of the preceding 30 days.
BThe exchange rate prevailing on the date of the conversion agreement, or a rate less than that if agreed by the lender.
CThe exchange rate as notified by the Reserve Bank of India for this specific purpose.
DThe exchange rate prevailing on the date the original FCY ECB was drawn down.
📚ECB Framework often provides that for conversion of FCY ECB to INR ECB, rate prevailing on date of agreement for such change, or a less favorable rate for borrower if lender agrees, is used.
Q162FEMA ECB
What is the typical maximum eligible amount of External Commercial Borrowing (ECB) that can be raised by an eligible borrower in a financial year under the automatic route as per the general ECB framework?
AUSD 250 million or its equivalent.
BUSD 500 million or its equivalent.
CUSD 750 million or its equivalent per financial year.
DUSD 1 billion or its equivalent.
📚ECB Framework (RBI): Under automatic route, eligible borrowers can raise ECB up to USD 750 million or equivalent per FY.
Q163FEMA ECB
A company borrowed ECB from an external lender. Can this company use the proceeds of this ECB to invest in a startup company located outside India without specific approvals, assuming the ECB was for general corporate purposes?
AYes, ECB funds can be freely used for any overseas investment.
BNo, ECB proceeds generally cannot be used for on-lending or investment in capital markets or for acquiring a company (or part thereof) domestically or overseas, without specific permissions.
COnly if the startup is a wholly owned subsidiary.
DYes, if the ECB agreement allows for such end-use.
📚ECB guidelines specify negative end-uses. Investment in other companies (domestic or overseas) is usually restricted unless part of a specific scheme or with approval.
Q164FEMA ECB
Can the proceeds of an External Commercial Borrowing (ECB) denominated in Rupees (INR ECB) be used for the repayment of existing Rupee loans taken in India by the borrower?
ANo, ECB proceeds cannot be used for repaying domestic Rupee loans.
BYes, this is generally a permitted end-use, but typically not for refinancing existing ECBs.
COnly if the domestic loan was taken for capital expenditure.
DOnly with specific approval from the Department of Economic Affairs.
📚ECB framework generally permits use of INR ECB proceeds for repayment of Rupee loans availed domestically for capex/working capital. Refinancing of existing ECBs has specific rules.
Q165FEMA ECB
Are proceeds from an External Commercial Borrowing (ECB) generally permitted to be used for acquiring land or engaging in real estate activities in India by the borrower?
AYes, if the real estate activity is for developing affordable housing projects.
BYes, if prior approval from the Ministry of Housing and Urban Affairs is obtained.
CNo, ECB proceeds are generally not permitted for investment in real estate activities or purchase of land.
DOnly for acquisition of land for industrial use by manufacturing companies.
📚ECB framework typically has a negative list of end-uses, which often includes real estate activities and purchase of land.
FEMA Exports2 questions
Q166FEMA Exports
Under FEMA, if a foreign exchange receivable arising out of export sales remains outstanding for more than a specified period, under what condition is a "write-off" of such unrealized export bills generally permissible by an AD Category-I bank without specific RBI approval (within certain limits)?
AIf the exporter surrenders proportionate export incentives.
BIf the amount has remained outstanding for more than one year.
COnly if the overseas buyer has been declared bankrupt.
DIf the exporter obtains a No Objection Certificate from the DGFT.
📚RBI Master Direction on Export of Goods/Services: AD banks may permit write-off of unrealized export bills (within limits) if outstanding for >1 yr & exporter provides satisfactory reasons.
Q167FEMA Exports
When an Indian exporter makes their first shipment of goods, within how many days from the date of shipment must they typically furnish the relevant export documents to the authorized dealer bank?
AWithin 7 days.
BWithin 15 days.
CWithin 21 days.
DWithin 30 days.
📚FEMA (Export of Goods & Services) Regs: Exporters to furnish declaration & relevant docs to AD bank within 21 days from date of export (unless extended).
FEMA Forex Surrender1 question
Q168FEMA Forex Surrender
What is the general time limit for a person resident in India to surrender received or unspent foreign exchange to an authorised dealer if the amount exceeds USD 2,000 (or its equivalent)?
AWithin 30 days from receipt/return.
BWithin 90 days from receipt/return.
CWithin 180 days from receipt/return.
DThere is no time limit; it can be held indefinitely.
📚FEMA (Possession & Retention of Foreign Currency) Regs: Unspent foreign exchange to be surrendered within 180 days from date of receipt/return. Up to USD 2000 can be retained.
FEMA LRS6 questions
Q169FEMA LRS
A Person Resident in India wishes to remit funds abroad for medical treatment of a family member under the Liberalised Remittance Scheme (LRS). What is a key requirement for such a remittance?
AThe remittance must be made only from an NRE account.
BA No Objection Certificate from the Ministry of Health is required.
CThe remittance must be supported by an estimate from a doctor in India or a hospital/doctor abroad, and AD bank must be satisfied with bona fides.
DThe amount must not exceed USD 100,000 per financial year.
📚LRS guidelines for medical treatment abroad require documentation like estimate from doctor/hospital. Overall LRS limit is USD 250,000 per FY per person for permissible transactions.
Q170FEMA LRS
Mr. X, an Indian resident, sent USD 2,80,000 to his daughter studying abroad under the Liberalised Remittance Scheme (LRS) in a financial year. The actual university fee was USD 1,00,000, and the rest was for her maintenance and other expenses. Did Mr. X contravene the LRS overall limit if the limit per person per FY is USD 2,50,000?
ANo, as education has a higher permissible limit.
BNo, if he obtained specific RBI approval for the excess amount.
CYes, he has exceeded the general LRS limit of USD 2,50,000 without specific additional permissions for current account transactions.
DOnly if the daughter is a minor.
📚LRS limit is USD 250,000 per person per FY for permissible current/capital account transactions. Exceeding this without specific RBI approval is a contravention. Education is permissible, but overall limit applies.
Q171FEMA LRS
An Indian resident sends USD 260,000 abroad under the Liberalised Remittance Scheme (LRS) in a single financial year for their child's education and maintenance, where the LRS limit is USD 250,000 per person per FY. Has a contravention of FEMA occurred?
ANo, education expenses have a higher LRS limit.
BNo, if the excess USD 10,000 was for tuition fees paid directly to the university.
CYes, the LRS overall limit has been exceeded without specific RBI approval for the excess amount.
DOnly if the child is above 21 years of age.
📚LRS has an overall cap (e.g., USD 250,000 per FY per person) for permissible current/capital account transactions. Exceeding this generally requires RBI approval.
Q172FEMA LRS
What does the Liberalised Remittance Scheme (LRS) under FEMA primarily allow for Resident Individuals?
ATo freely invest in Indian stock markets without any limit.
BTo make remittances up to a certain limit per financial year for permissible current and capital account transactions.
CTo receive unlimited foreign currency from relatives abroad without declaration.
DTo open and maintain foreign currency accounts in India with any bank.
📚LRS allows resident individuals to remit up to USD 250,000 per FY for permissible current/capital account transactions like travel, education, medical treatment, acquiring property abroad, investments etc. 👉 MCQ Quiz @SPOMHelp
Q173FEMA LRS
A Person Resident in India (PRI) makes a gift in Indian Rupees to a Person Resident Outside India (PROI) who is a close relative (e.g., son). Is this transaction permissible under FEMA's Liberalised Remittance Scheme (LRS)?
ANo, gifts to PROIs can only be in foreign currency.
BYes, PRIs can make Rupee gifts to NRI/PIO close relatives under LRS, by crediting their NRO account, subject to overall LRS limits.
COnly if the PROI relative is visiting India at the time of the gift.
DNo, gifts to PROIs are not covered under LRS.
📚LRS permits resident individuals to make Rupee gifts to NRI/PIO close relatives by crediting their NRO account in India, within the overall LRS ceiling.
Q174FEMA LRS
In the context of FEMA, if an Indian resident is making a remittance under the Liberalised Remittance Scheme (LRS) for "maintenance of close relatives abroad," who are generally considered "close relatives"?
AOnly spouse and children.
BSpouse, children, parents, and siblings.
CAny relative as defined under the Companies Act, 2013.
DAny person dependent on the remitter, irrespective of relationship.
📚FEMA LRS guidelines often align "close relatives" with definition in Co. Act or common understanding which includes spouse, children, parents, siblings for maintenance purposes.
FEMA ODI5 questions
Q175FEMA ODI
Can a Person Resident in India (PRI) make an Overseas Direct Investment (ODI) in a foreign company whose primary business activity is real estate, such as construction and leasing of residential complexes, without specific RBI approval?
AYes, if the investment is within the LRS limit.
BYes, if it's a joint venture with a local partner in the foreign country.
CNo, ODIs in foreign entities engaged in real estate business are generally prohibited or require prior RBI approval.
DOnly if the investment is made through a listed Indian company.
📚FEMA (ODI) Regs often restrict/prohibit ODI in foreign entities engaged in real estate business or banking, unless specific approvals/conditions met.
Q176FEMA ODI
From which primary channel or type of institution must an Overseas Direct Investment (ODI) by an Indian party generally be made as per FEMA regulations?
ADirectly through any international bank.
BThrough an Authorized Dealer Category-I bank or a financial institution regulated by RBI.
CThrough a registered export-import consultant.
DThrough the Ministry of Commerce and Industry.
📚FEMA (ODI) Regulations stipulate that ODI transactions are routed through AD Category-I banks or specified FIs.
Q177FEMA ODI
What is the typical financial commitment limit for Overseas Direct Investment (ODI) under the automatic route for an eligible Indian party, in relation to its net worth as per its last audited balance sheet?
ANot exceeding 100% of its net worth.
BNot exceeding 200% of its net worth or USD 500 million, whichever is lower.
CNot exceeding 400% of its net worth or USD 1 billion, whichever is lower (subject to overall sectoral caps).
DThere is no specific limit linked to net worth under the automatic route.
📚FEMA (ODI) Regs: Financial commitment by Indian Party under automatic route is often up to 400% of its net worth as per last audited B/S, subject to overall limits like USD 1 billion per FY and sectoral caps.
Q178FEMA ODI
An Indian company (Person Resident in India) wishes to make an Overseas Direct Investment (ODI) in a foreign entity engaged purely in real estate business (e.g., buying and selling land). Is this generally permitted under FEMA's automatic route?
AYes, if the investment is less than 400% of the Indian party's net worth.
BYes, if the foreign entity is located in a country with a tax treaty with India.
CNo, ODI in foreign entities engaged in real estate business is generally prohibited or requires specific RBI approval.
DOnly if the real estate is for the Indian company's own office use abroad.
📚FEMA (ODI) Regs usually restrict/prohibit ODI by Indian parties into foreign entities engaged in real estate trading or banking without specific approval. (Acquiring property for own use abroad is different).
Q179FEMA ODI
An Indian company (PRI) wishes to purchase an office building abroad for its established overseas business operations using funds from its Indian bank accounts. Is this permissible under FEMA's automatic route for Overseas Direct Investment (ODI), subject to limits?
ANo, acquisition of immovable property abroad always requires specific RBI approval.
BYes, Indian entities can acquire immovable property overseas for bona fide business needs of their overseas office under automatic route within ODI limits.
COnly if the property is taken on a long-term lease, not outright purchase.
DOnly if the property is located in a SAARC country.
📚FEMA (ODI) Regs generally permit Indian Party to acquire immovable property outside India incidental to their biz / for housing staff, within overall ODI limits.
FEMA Property1 question
Q180FEMA Property
Mr. Narayana, an Australian resident (Person of Indian Origin), wants to purchase a duplex house in India. He transfers funds to an Indian partnership firm to facilitate this purchase. What is a key FEMA consideration for Mr. Narayana regarding this transaction?
ANo specific approval needed if funds are from NRE account.
BHe must purchase directly, not through a partnership firm.
CHe must obtain prior approval from the Reserve Bank of India (RBI) for transferring funds to a partnership firm for such property acquisition.
DThe partnership firm must be registered as an AD Category-II bank.
📚PROIs (incl. PIOs, unless specific exemptions apply) acquiring immovable property in India, esp. through entities like partnership firms, often require RBI approval or adherence to strict FDI/FEMA norms.
FEMA Property Abroad4 questions
Q181FEMA Property Abroad
Mr. A, a German citizen permanently residing and working in Germany (non-resident for FEMA), wishes to purchase an office space in Germany. Does he require any approval from Indian authorities like RBI or Central Government under FEMA for this transaction?
AYes, as he was previously associated with an Indian company.
BNo, as a non-resident for FEMA, his acquisition of property outside India is not governed by Indian FEMA restrictions applicable to residents.
COnly if the value of the office space exceeds USD 1 million.
DYes, if he intends to lease it to an Indian company.
📚FEMA primarily governs transactions by Persons Resident in India (PRI). A non- resident acquiring property in their country of residence is outside scope of restrictions on PRIs.
Q182FEMA Property Abroad
An Indian company wishes to acquire immovable property abroad for its business operations (e.g., an office space) and for residential purposes of its staff posted there. Is this generally permissible under FEMA without specific RBI approval, assuming it's funded from its Indian accounts within certain limits?
ANo, all acquisitions of immovable property abroad by Indian companies require prior RBI approval.
BYes, Indian entities having an overseas office can acquire immovable property abroad for their business and for staff residence, within certain limits and compliance.
COnly if the property is taken on lease, not purchased.
DOnly if the foreign country has a bilateral investment treaty with India.
📚FEMA (Acquisition & Transfer of Immovable Property Outside India) Regs permit Indian entity with overseas office to acquire IPOI for biz & staff residence, subject to rules.
Q183FEMA Property Abroad
What is the general rule under FEMA regarding a Person Resident in India (PRI) acquiring immovable property outside India without specific RBI approval?
APRIs can freely acquire any immovable property outside India without limit.
BPRIs cannot acquire any immovable property outside India under any circumstances.
CPRIs can acquire immovable property outside India only through inheritance or gift from a PROI.
DPRIs can acquire immovable property outside India under LRS limits, or if inherited/gifted from specified relatives, or out of foreign assets held abroad.
📚FEMA (Acquisition & Transfer of Immovable Property Outside India) Regs permit PRIs to acquire IPOI under LRS, by inheritance/gift from specified persons, or out of foreign assets held abroad.
Q184FEMA Property Abroad
Under FEMA, if a Person Resident in India (PRI) acquires immovable property outside India by way of inheritance from a Person Resident Outside India (PROI), is specific RBI approval generally required for holding such property?
AYes, RBI approval is always required for PRIs to hold property abroad.
BNo, property acquired by way of inheritance from a PROI can generally be held by a PRI without RBI approval.
COnly if the value of the property exceeds USD 250,000.
DOnly if the PROI was not a relative of the PRI.
📚FEMA (Acquisition & Transfer of Immovable Property Outside India) Regs usually permit PRI to acquire/hold IPOI by way of inheritance from PROI without prior RBI approval.
FEMA Real Estate1 question
Q185FEMA Real Estate
A Person Resident Outside India (PROI) wishes to invest in real estate in India by acquiring agricultural land. What is the general position under FEMA regarding such an investment by a PROI (other than NRIs/OCIs under specific schemes)?
APermitted freely under the automatic route.
BPermitted with prior approval from the Ministry of Agriculture.
CGenerally prohibited, except under specific RBI/Government approval or inheritance.
DPermitted only if the land is used for developing an SEZ.
📚FEMA Regs (e.g., Non-Debt Instruments Rules) generally prohibit PROIs (other than NRIs/OCIs under certain conditions) from acquiring agricultural land/plantation/farm house in India without specific RBI/Govt approval. 👉 MCQ Quiz @SPOMHelp
FEMA Remittances5 questions
Q186FEMA Remittances
If container detention charges exceed the normal level and the remitter needs approval for outward remittance under FEMA, which authority's approval is typically sought?
AReserve Bank of India (Foreign Exchange Department).
BMinistry of Finance (Department of Economic Affairs).
CMinistry of Surface Transport (Director General of Shipping).
DMinistry of Commerce (Director General of Foreign Trade).
📚FEMA Master Direction on Other Remittance Facilities: Specific approvals for remittances beyond prescribed limits may be needed from respective ministries. For container detention, it's DG Shipping.
Q187FEMA Remittances
What is the maximum commission an Authorised Dealer Category – I bank may permit to be paid to an agent overseas for facilitating the sale of a residential flat or plot in India, subject to certain conditions under FEMA?
A2% of inward remittance or USD 10,000, whichever is higher.
B5% of inward remittance or USD 25,000, whichever is lower.
C10% of inward remittance or USD 50,000, whichever is lower.
DA fixed amount of USD 15,000 per transaction.
📚FEMA Master Direction on Export of Goods & Services: Commission on sale of residential flats/plots in India to non-residents can be remitted up to 5% of inward remittance or USD 25,000, w.e. is lower.
Q188FEMA Remittances
If an outward remittance for P&I (Protection and Indemnity) Club membership by an Indian shipping company exceeds the prescribed threshold under FEMA, which authority's approval is generally required?
AReserve Bank of India (Foreign Exchange Department).
BMinistry of Finance (Insurance Division).
CDirector General of Shipping.
DMinistry of Corporate Affairs.
📚FEMA Master Direction on Other Remittance Facilities: Specific remittances may require approval from respective ministries. For P&I Club payments beyond limits, it's often Min. of Finance (Insurance Div).
Q189FEMA Remittances
John, a foreign national on a work visa in India, earns a monthly salary. He wishes to remit his net salary (after Indian taxes) abroad. What is the general FEMA provision for such remittances by foreign nationals temporarily resident in India?
AThey can remit only up to 50% of their net salary.
BThey can remit their entire net salary after payment of taxes, subject to documentation.
CRemittance is limited to USD 10,000 per month.
DThey need prior RBI approval for any salary remittance.
📚Foreign nationals employed in India (not permanently resident) can make remittances out of their net salary (after tax) through AD bank, subject to providing necessary documents.
Q190FEMA Remittances
For remittance of prize money won in an international sports event or sponsorship of a sports activity programme abroad by an Indian entity, if the amount exceeds certain limits under FEMA, which Ministry's approval is primarily required?
AMinistry of External Affairs.
BMinistry of Finance (Department of Revenue).
CMinistry of Youth Affairs & Sports (Department of Youth Affairs & Sports).
DMinistry of Commerce and Industry.
📚FEMA Master Direction - Other Remittance Facilities indicates specific approvals for current account transactions. For sports related remittances beyond limits, it's often Min. of Youth Affairs & Sports.
FEMA Repatriation2 questions
Q191FEMA Repatriation
Mr. X, a Person Resident in India (PRI), previously worked in the USA and earned salary which he kept in his US bank account. He has now returned to India for permanent settlement. If he wishes to sell his properties in the USA (acquired from his US earnings) and invest those proceeds in foreign securities while being a PRI, what is a key FEMA requirement?
ANo specific RBI permission needed if proceeds are reinvested abroad.
BHe must repatriate all sale proceeds to India within 90 days.
CHe must obtain prior permission from the Reserve Bank of India (RBI) for such repatriation and reinvestment in foreign securities.
DHe can freely invest in foreign securities up to USD 250,000 per year under LRS from those proceeds.
📚FEMA provisions & LRS: While LRS allows remittances, retaining/reinvesting significant sale proceeds of overseas assets by a PRI (after return) into other foreign assets often needs RBI approval or compliance with specific FEMA rules.
Q192FEMA Repatriation
Mr. X, a Person Resident in India, returns to India for permanent settlement after working in the USA for several years. He had acquired properties in the USA from his earnings there. If he now sells these US properties, can he freely invest the sale proceeds into other foreign securities while being a resident in India, without any specific RBI approval?
AYes, up to the LRS limit of USD 250,000 per year.
BYes, as the funds were originally earned abroad, they can be freely reinvested abroad.
CNo, once he becomes a PRI, retaining and reinvesting such large foreign capital account proceeds abroad usually requires RBI approval or adherence to specific FEMA rules beyond general LRS.
DOnly if he invests in government bonds of OECD countries.
📚FEMA rules for PRIs on retention/reinvestment of overseas assets (esp. sale proceeds of immovable property) after returning to India are specific & may need RBI approval beyond general LRS.
FEMA Residential Status8 questions
Q193FEMA Residential Status
Mr. A, a German citizen, was employed by an Indian company and posted permanently in its German office with no intention of returning to India. Can Mr. A purchase a residential house in Germany without needing specific approval under Indian FEMA regulations?
ANo, as an ex-employee of an Indian company, FEMA applies.
BYes, as he is a non-resident for FEMA purposes, Indian FEMA rules on acquiring property abroad by residents wouldn't restrict him in Germany.
COnly if the purchase is funded through his Indian bank accounts.
DHe needs approval from the Indian embassy in Germany.
📚FEMA governs transactions by Persons Resident in India (PRI). If Mr. A is non- resident (German citizen permanently in Germany), his property acquisition in Germany is outside scope of FEMA restrictions for PRIs buying property abroad.
Q194FEMA Residential Status
An Indian company (PRI) establishes a branch office in Australia for warehousing, and this branch is controlled by the Indian head office. What is the typical residential status of this Australian branch office under FEMA from the perspective of the Indian company's ODI?
APerson Resident Outside India (PROI) as it's located in Australia.
BPerson Resident in India (PRI) as it's controlled by an Indian entity.
CA non-resident entity for all FEMA purposes.
DDepends on the nationality of the branch manager.
📚FEMA (ODI) Regs: Branch of an Indian co. outside India is treated as part of PRI (the Indian co.) for ODI compliance. Its income/assets are of the PRI. says PRI.
Q195FEMA Residential Status
An Indian company has an overseas office (branch) in Australia, which is controlled by the Indian head office. For the purposes of FEMA regulations concerning Overseas Direct Investment (ODI) by the Indian company, what is the typical residential status of this Australian branch?
APerson Resident Outside India (PROI) independently.
BConsidered part of the Person Resident in India (PRI) (i.e., the Indian company).
CA deemed non-resident Indian entity.
DIts status depends on the number of days its employees stay in Australia. Case study Mr. Rohan, an Indian citizen, was residing in India continuously for several years prior to FY 2019-20 and was a Person Resident in India (PRI) for FEMA purposes up to FY 2018-19. His movements and intentions are as follows: Departure for Studies (FY 2019-20): Rohan departed from India for the first time on August 16, 2019, to pursue a 3-year Master's degree program in Copenhagen, Denmark. His clear intention at the time of departure was to stay abroad for the entire duration of his 3-year course. Temporary Return due to Pandemic (FY 2019-20 & FY 2020-21): Due to the global COVID-19 pandemic and university closures, Rohan temporarily returned to India on March 1, 2020. He stayed in India thereafter.
📚FEMA (ODI) Regs: Branch of Indian co. outside India is not separate legal entity & treated as extension of PRI (Indian co.) for ODI control & compliance.
Q196FEMA Residential Status
Based on the case study, what was Mr. Rohan's residential status under FEMA for the Financial Year 2019-20 (April 1, 2019 – March 31, 2020)?
APRI, as he was in India for more than 182 days.
BPROI, from August 16, 2019, as he left for studies abroad for a definite period exceeding one year.
CPRI for the full year, as his return in March 2020 nullified his PROI status.
DPROI for the full year, as he intended to study abroad.
📚Left Aug 16, 2019 for 3-yr study. Intention for long-term study abroad makes one PROI from departure, overriding initial stay in India during that FY for FEMA. Stay in India Apr 1-Aug 15, 2019 (137 days). Becomes PROI from Aug 16, 2019.
Q197FEMA Residential Status
Considering the facts, what was Mr. Rohan's residential status under FEMA for the Financial Year 2020-21 (April 1, 2020 – March 31, 2021)?
APRI, because his total stay in India during the preceding FY 2019-20 was more than 182 days.
BPROI, because he was in India only temporarily due to the pandemic and his primary intention was to continue studies abroad.
CPRI, because he was physically present in India from March 10, 2020, to September 30, 2020.
DPROI, because his stay in India during FY 2020-21 itself was less than 182 days.
📚Preceding FY (19-20) stay in India: Apr1-Aug15, 2019 (137 days) + Mar10-Mar31, 2020 (22 days) = 159 days (<182). So PROI based on duration. Even if >182, his temp. return with intent to go back for studies would keep him PROI. 👉 MCQ Quiz @SPOMHelp
Q198FEMA Residential Status
What was Mr. Rohan's residential status under FEMA for the Financial Year 2021-22 (April 1, 2021 – March 31, 2022)?
APRI, as he was pursuing a Master's degree which is considered a temporary stay abroad.
BPROI, as he was continuously outside India pursuing his studies for the entire financial year.
CPRI, because his visit to India in FY 2020-21 re-established his residency.
DDepends on whether he visited India during FY 2021-22.
📚In FY 2020-21 (preceding FY for 21-22), Rohan left India on Oct 1, 2020. His stay in India in FY20-21 was Apr1-Sep30, 2020 (183 days). Prima facie PRI for FY21-22 by duration. BUT he left for studies (definite long period), making him PROI from Oct 1, 2020. Thus PROI for FY21-22.
Q199FEMA Residential Status
Determine Mr. Rohan's residential status under FEMA for the Financial Year 2022-23 (April 1, 2022 – March 31, 2023).
APRI for the entire year as he completed his studies and returned to India.
BPROI for the entire year as he left India for employment in the UK for an indefinite period.
CPRI from April 1, 2022, until August 24, 2022, and PROI from August 25, 2022, onwards.
DPROI until August 9, 2022, then PRI from August 10 to September 4, 2022, then PROI from September 5, 2022.
📚He was PROI (student). Returned Aug 10, 2022 (brief visit, intention not to stay in India indefinitely initially). Left for UK employment Sep 5, 2022 (intention to stay abroad indefinitely). So, PROI, then briefly in India (still likely PROI if visit was short & intent not to stay was clear), then definitively PROI. The question is for the entire FY. His status changed. Option D reflects this shift.
Q200FEMA Residential Status
For the Financial Year 2023-24 (April 1, 2023 – March 31, 2024), what would Mr. Rohan's residential status under FEMA most likely be, assuming he continued his employment in the UK?
APRI, as his Indian citizenship remains.
BPROI, as he is employed outside India for an indefinite period.
CPRI, if he visits India for more than 30 days during FY 2023-24.
DPROI, but only if he has formally renounced his Indian citizenship.
📚Having left India for employment abroad for an indefinite period on Sep 5, 2022, he became PROI. Continuing this employment in FY 2023-24 would maintain his PROI status.
Financial Assistance1 question
Q201Financial Assistance
Which of the following scenarios would typically NOT be considered a permissible exception for a public company providing financial assistance (directly or indirectly) for the purchase of or subscription for its own shares or shares in its holding company?
ALoans made by a lending company in its ordinary course of business.
BMoney provided for purchase of fully paid shares by trustees for shares to be held for the benefit of employees.
CLoans to employees (other than directors/KMP) not exceeding their six months' salary for purchasing fully paid shares.
DA loan made to a promoter to help them consolidate their shareholding in the company.
📚Sec 67(3) Co. Act lists exceptions. Financial assistance for promoters to buy shares for consolidation is not a general exception and usually restricted.
Financial Statements1 question
Q202Financial Statements
As per the Companies Act, 2013, which of the following is NOT necessarily included in the definition of "financial statement" in relation to a company?
ABalance sheet as at the end of the financial year.
BProfit and loss account, or in the case of a NFP company, an income and expenditure account.
CCash flow statement for the financial year.
DThe Board of Directors' report.
📚Sec 2(40) Co. Act defines "financial statement". It includes Balance Sheet, P&L/I&E A/c, Cash Flow Statement, Statement of Changes in Equity (if applicable), & explanatory notes. Board's Report is separate.
Financial Year1 question
Q203Financial Year
A company is a holding company of an entity incorporated outside India, which requires a different financial year for consolidation. Can the Indian holding company apply for a different financial year for itself?
ANo, all Indian companies must follow the April 1st to March 31st financial year.
BYes, it can directly adopt the subsidiary's financial year without any approval.
CYes, it can apply to the Central Government for approval of a different financial year.
DYes, it can apply to the National Company Law Tribunal (NCLT) for permission to align its financial year.
📚Sec 2(41) proviso Co. Act: Co. which is holding/sub/associate of co. incorporated outside India & required to follow diff. FY for consolidation, may apply to Tribunal for diff. FY.
First Auditor1 question
Q204First Auditor
Who is primarily responsible for appointing the first statutory auditors of a newly incorporated company (other than a Government company or a company owned/controlled by Government), and within what timeframe from the date of the company's registration must this appointment typically be made?
AThe members at the first Annual General Meeting, within 90 days of registration.
BThe Board of Directors, within 30 days of registration.
CThe Central Government, within 60 days of registration.
DThe Comptroller and Auditor-General of India, within 180 days of registration.
📚Sec 139(6) Co. Act: First auditor of a co. (other than Govt co.) shall be apptd. by Board of Dirs. within 30 days from date of registration of the co.
Foreign Company1 question
Q205Foreign Company
If a foreign company, which was registered in India, ceases to have any place of business in India, what is its resultant status under the Companies Act, 2013?
AIt remains a foreign company but is classified as inactive.
BIt must apply for dormant company status in India.
CIt shall be deemed to have ceased to be a foreign company for the purposes of the Act.
DIt must initiate voluntary winding up proceedings in India.
📚Sec 391(1) Co. Act: If foreign co. ceases to have place of biz in India, it shall forthwith give notice to ROC & from date of notice, obligations shall cease, provided it has no other place of biz in India. It's no longer considered a "foreign company" under the Act's registration provisions.
Foreign Subsidiary1 question
Q206Foreign Subsidiary
If a company incorporated in India has a foreign subsidiary (a company incorporated outside India but controlled by the Indian company), what is the residential status of this foreign subsidiary for the purposes of certain provisions under Indian Company Law relating to group structures or disclosures?
AAlways considered resident outside India due to its place of incorporation.
BConsidered resident in India if its effective management is in India.
CConsidered resident in India for the purpose of consolidation and group oversight under Co. Act.
DResidential status is irrelevant for foreign subsidiaries.
📚While FEMA defines residency differently, for Co. Act purposes (e.g. consolidation, related party definitions, applicability of certain rules to subsidiaries), control by an Indian co. often brings it within purview.
Fraud Penalties2 questions
Q207Fraud Penalties
For an offence covered under section 447 (Punishment for fraud) of the Companies Act, 2013, when investigated by the SFIO, how is the offence generally classified in terms of bail?
ABailable and non-cognizable.
BNon-bailable and cognizable.
CBailable and cognizable.
DNon-bailable and non-cognizable. General
📚Sec 212(6) Co. Act states that offences covered u/s 447 shall be cognizable, and no person accused of such offence shall be released on bail unless specified stringent conditions met (effectively making it non-bailable in practice).
Q208Fraud Penalties
What is the maximum time typically allowed for creditors of a company to consent to a scheme of compromise or arrangement to enable the company to request the NCLT to dispense with the calling of a creditors' meeting?
A30 days from the date of notice.
B45 days from the date of notice.
C60 days from the date of notice.
DNo specific time limit; depends on NCLT discretion.
📚While not directly stated as a consent period, NCLT can dispense with meeting if =90% in value of creditors agree via affidavit. This consent process takes time. Sec 230 implies a context for such consent. The timeline might refer to overall process steps. For dispensing, the consent itself is key. Revisiting the direct question in your "how much consent... to dispense... 90%". The timeline aspect is not in . This MCQ should focus on consent %. 👉 MCQ Quiz @SPOMHelp
Government Company1 question
Q209Government Company
ABC Ltd. has shareholding as follows: Central Govt: 24%, State Govt of Andhra Pradesh: 20%, PQR Ltd. (a Govt. Company): 10%. Is ABC Ltd. a Government Company based on this structure?
ANo, because no single government entity holds more than 50%.
BNo, because the combined holding of Central and State governments is only 44%.
CYes, because the total holding by Central Govt, State Govt, and another Govt Company is 54%.
DYes, but only if PQR Ltd. is a Central Government company.
📚Sec 2(45) Co. Act: Govt Co. means any co. in which = 51% paid-up share capital is held by CG, or SG(s), or partly by CG & partly by SG(s), & includes sub of Govt Co. Here, 24+20+10=54%.
Government Company Audit1 question
Q210Government Company Audit
Who is primarily responsible for appointing the statutory auditors of a Government Company or any other company owned or controlled, directly or indirectly, by the Central Government, or by any State Government, or Governments, or partly by the Central Government and partly by one or more State Governments?
AThe Board of Directors of the company.
BThe shareholders of the company in a general meeting.
CThe Comptroller and Auditor-General of India (C&AG).
DThe National Financial Reporting Authority (NFRA).
📚Sec 139(5) Co. Act: Auditor of Govt co. or co. owned/controlled by CG/SG(s) shall be apptd by C&AG within 180 days from commencement of FY.
Holding Subsidiary1 question
Q211Holding Subsidiary
Which statement best defines a "holding company" in relation to one or more other companies?
AA company that holds more than 10% of the total voting power in another company.
BA company that controls the composition of the Board of Directors or controls more than one- half of the total voting power of another company, either by itself or together with one or more of its subsidiary companies.
CA company that has a significant influence over another company but does not control it.
DAny company that has invested in the share capital of another company.
📚Sec 2(46) Co. Act: "holding company", in relation to one or more other companies, means a co. of which such cos. are subsidiary cos. Sec 2(87) defines "subsidiary co." based on control of Board or >1/2 total voting power.
IBC2 questions
Q212IBC
In the context of the Insolvency and Bankruptcy Code, 2016 (IBC), can an Interim Resolution Professional (IRP) manage and maintain the bank accounts of the corporate debtor during the Corporate Insolvency Resolution Process (CIRP)?
ANo, only the suspended Board of Directors can operate bank accounts.
BYes, the IRP has the power to operate and manage the corporate debtor's bank accounts.
COnly with prior approval from the Committee of Creditors for each transaction.
DOnly after the appointment of a Resolution Professional (RP).
📚Under IBC, IRP takes control & custody of assets & manages operations of corporate debtor, including its bank accounts, to preserve value. Sec 18(1)(f).
Q213IBC
Under the IBC, if the Committee of Creditors (CoC) approves a resolution plan with the requisite majority, and the Adjudicating Authority (NCLT) is satisfied that it meets all requirements, what is the effect of the NCLT's order approving the plan?
AThe order is merely recommendatory to the corporate debtor.
BThe resolution plan becomes binding on the corporate debtor and all its stakeholders.
CThe corporate debtor can choose to accept or reject the approved plan.
DThe plan is binding only on the financial creditors who voted for it.
📚Sec 31(1) IBC: If AA is satisfied that resolution plan as approved by CoC meets requirements of Sec 30(2), it shall by order approve plan, which shall be binding on CD & its employees, members, creditors (incl. govt dues), guarantors & other stakeholders.
IBC Admission1 question
Q214IBC Admission
If a financial creditor initiates CIRP against a corporate debtor, and the corporate debtor disputes the claim stating that the debt is barred by limitation, can the NCLT admit the application?
AYes, NCLT does not look into the aspect of limitation for CIRP.
BNo, if the debt is proven to be time-barred, the application for CIRP cannot be admitted.
CYes, but the CIRP will be limited to assets acquired after the limitation period expired.
DOnly if the financial creditor agrees to waive the time-barred portion of the debt.
📚IBC requires existence of "debt" and "default". If debt is time-barred, it's not legally enforceable, so no "default" can occur for CIRP admission. NCLT examines this.
IBC Appeals1 question
Q215IBC Appeals
Within what period from the date of an order passed by the Adjudicating Authority (NCLT) in an insolvency proceeding must an appeal typically be filed with the National Company Law Appellate Tribunal (NCLAT)?
AWithin 15 days.
BWithin 30 days.
CWithin 45 days.
DWithin 60 days.
📚Sec 61(2) IBC: Appeal to NCLAT must be filed within 30 days before NCLAT. Proviso allows NCLAT to extend by further 15 days if sufficient cause.
IBC Application1 question
Q216IBC Application
What information must typically be included in an application filed by a financial creditor with the NCLT to initiate CIRP against a corporate debtor, apart from the record of default?
AA detailed business plan for the corporate debtor.
BConsent from at least 10% of other financial creditors.
CThe name of the proposed Interim Resolution Professional (IRP) and any other information as specified.
DA valuation report of the corporate debtor's assets.
📚Sec 7(3) IBC: FC shall, with application, furnish record of default, name of proposed IRP, & other info as specified by IBBI.
IBC Appointment2 questions
Q217IBC Appointment
What is the minimum percentage of voting share in the Committee of Creditors (CoC) required to approve the appointment of the Interim Resolution Professional (IRP) as the Resolution Professional (RP) for the CIRP?
A0.51
B0.66
C0.75
D0.9
📚Sec 22(2) IBC: CoC may, at its first meeting, by majority vote of not less than 66% of voting share of financial creditors, either resolve to appoint IRP as RP or to replace IRP.
Q218IBC Appointment
In an insolvency case under IBC, who typically appoints the Resolution Professional (RP) if the Interim Resolution Professional (IRP) is to be replaced or if the IRP is confirmed as RP?
AThe National Company Law Tribunal (NCLT) directly.
BThe Insolvency and Bankruptcy Board of India (IBBI).
CThe Committee of Creditors (CoC) by the requisite voting majority.
DThe corporate debtor's management.
📚Sec 22 IBC: CoC at its first meeting decides on appt. of RP (either confirming IRP or replacing IRP) by vote of not less than 66%. This decision is then submitted to AA (NCLT).
IBC Assignment1 question
Q219IBC Assignment
Can an operational creditor who has supplied goods to a corporate debtor assign their right to receive the operational debt to another person (e.g., a financial institution) during the pendency of CIRP of the corporate debtor?
ANo, assignment of operational debt is prohibited once CIRP commences.
BYes, operational debt can be freely assigned at any time, and the assignee steps into the shoes of the original OC.
COnly with the prior approval of the Resolution Professional.
DOnly if the assignment is to another operational creditor of the same corporate debtor.
📚IBC does not explicitly prohibit assignment of debt by OC. General contract law principles apply. Assignee would then need to establish their claim. Practicalities in CIRP exist.
IBC Committee1 question
Q220IBC Committee
What is the primary composition of the Committee of Creditors (CoC) in a Corporate Insolvency Resolution Process (CIRP) under the IBC?
AAll creditors of the corporate debtor, including operational creditors.
BOnly secured financial creditors.
CAll financial creditors of the corporate debtor.
DRepresentatives of financial creditors, operational creditors, and workmen.
📚Sec 21(2) IBC: CoC shall comprise all financial creditors of corporate debtor. OCs/workmen may attend but usually don't have voting rights unless specific conditions are met (e.g. no FCs).
IBC Definitions5 questions
Q221IBC Definitions
Under the Insolvency and Bankruptcy Code, 2016, what does the "insolvency commencement date" signify?
AThe date on which the company first defaulted on its debt.
BThe date on which the application for initiating CIRP is filed with the Adjudicating Authority.
CThe date of admission of an application for initiating CIRP by the Adjudicating Authority (NCLT).
DThe date on which the Interim Resolution Professional is appointed.
📚Sec 5(12) IBC: "insolvency commencement date" means the date of admission of an application for initiating corporate insolvency resolution process by the Adjudicating Authority.
Q222IBC Definitions
In the context of IBC, which of the following best describes a "corporate debtor"?
AA company that has lent money to another company.
BAny person who owes a debt to any other person.
CA corporate person (e.g., company, LLP) who owes a debt to any person.
DA financial institution that has defaulted on its obligations.
📚Sec 3(8) IBC defines "corporate debtor" as a corporate person who owes a debt to any person. Sec 3(7) defines "corporate person". 👉 MCQ Quiz @SPOMHelp
Q223IBC Definitions
Under the Insolvency and Bankruptcy Code, 2016, who among the following would be classified as an "operational debtor" if they owe an "operational debt"?
AA bank that has defaulted on interest payments to its depositors.
BA company that has failed to repay a loan to a financial institution.
CA company that owes money to a supplier for goods received.
DAn individual who has not paid their credit card bills.
📚Operational debt (Sec 5(21) IBC) pertains to claims for goods/services/employment/govt dues. "Corporate debtor" (Sec 3(8)) is a corporate person who owes a debt. So, co. owing for goods is relevant.
Q224IBC Definitions
Which of the following entities is generally EXCLUDED from the definition of a "corporate person" under the Insolvency and Bankruptcy Code, 2016, meaning CIRP cannot be initiated against it under Part II of the Code?
AA private limited company.
BA limited liability partnership (LLP).
CA financial service provider (e.g., a bank or insurance company), unless specifically notified.
DA company incorporated outside India but having a place of business in India.
📚Sec 3(7) IBC defines "corporate person". Sec 3(8) defines "corporate debtor". FSPs are generally excluded from definition of corp. person for CIRP unless notified by CG u/s 227.
Q225IBC Definitions
Under the Insolvency and Bankruptcy Code (IBC), who is defined as an "operational debtor"?
AA person who owes a financial debt.
BA person against whom an operational creditor has a claim.
CAny corporate person who is currently undergoing CIRP.
DA person who provides essential goods or services to a corporate debtor.
📚While "operational debt" is defined, "operational debtor" isn't explicitly defined as a standalone term in Sec 3/5. However, contextually, it's person who owes an operational debt. Option B reflects this relationship.
IBC Fast Track1 question
Q226IBC Fast Track
For which type of companies can the "Fast Track Corporate Insolvency Resolution Process" (Chapter IV of Part II of IBC) generally be initiated, provided they meet other specified criteria?
ALarge public companies with debt exceeding Rs. 1000 crores.
BSmall companies (as defined under Companies Act), startups (other than partnership firms), and unlisted companies with assets below a certain threshold (e.g., Rs 1 crore).
COnly listed companies that have defaulted for less than 90 days.
DAny corporate debtor, irrespective of size or debt, if CoC approves by 75% vote.
📚Sec 55 IBC: Fast track CIRP applies to small co., startup (other than LPP), or unlisted co. with total assets (as reported in FS of immed. preceding FY) not exceeding Rs.1 Crore.
IBC Liquidation6 questions
Q227IBC Liquidation
In the context of the Insolvency and Bankruptcy Code (IBC), what is the "Liquidation Estate" of a corporate debtor?
AOnly the unencumbered assets of the corporate debtor.
BAll assets over which the corporate debtor has ownership rights, including assets subject to security interest.
COnly the current assets and cash balances of the corporate debtor.
DThe assets specifically identified by the Committee of Creditors for sale. Case Study: Precision Fabricators Ltd. - Detailed Liquidation Scenario Precision Fabricators Ltd. ("PFL") was admitted into Corporate Insolvency Resolution Process (CIRP), which subsequently failed, and a liquidation order was passed by the NCLT. The liquidation commencement date is March 1, 2025. The liquidator has realized total assets amounting to Rs. 500 lakhs. The following are the verified claims, costs, and specific dues details: CIRP Costs (unpaid): Rs. 10 lakhs Liquidation Costs: Rs. 15 lakhs Workmen's Dues (for the 24 months preceding liquidation commencement date): Rs. 96 lakhs (comprising Rs. 44L for FY24-25, Rs. 48L for FY23-24, and Rs. 4L for the relevant part of FY22-23). Debts owed to 'SecureBank Ltd.' (a financial creditor that held a charge on PFL's land and machinery, but has chosen to relinquish its security interest to the liquidation estate): Rs. 200 lakhs. Wages and any unpaid dues owed to employees (other than workmen, for the 12 months preceding liquidation commencement date): Rs. 24 lakhs (comprising Rs. 22L for FY24-25 and Rs. 2L for the relevant part of FY23-24). Financial debts owed to Unsecured Financial Creditors: Rs. 150 lakhs. Government Dues (statutory taxes outstanding for the period March 1, 2023, to February 28, 2025): Rs. 20 lakhs.
📚Sec 36 IBC: For liquidation, liquidator shall form an estate of assets of corp. debtor ("liquidation estate"). It typically includes all assets over which CD has ownership rights.
Q228IBC Liquidation
In the liquidation of Precision Fabricators Ltd., what amount will be distributed towards "Government Dues" (which have a claim of Rs. 20 lakhs)?
What is the total amount received by 'SecureBank Ltd.' (the financial creditor who relinquished security with a claim of Rs. 200 lakhs) from the liquidation estate of Precision Fabricators Ltd.?
ARs. 200 lakhs (Full Amount)
BRs. 150 lakhs
CRs. 117.5 lakhs (Pro-rata with workmen)
DRs. 0 (Nil)
📚1.Costs=25L. Rem:475L. <br>2.Workmen(96L)+SecureBank(200L)=296L. Assets available (475L) are sufficient to pay both in full. SecureBank gets Rs.200L.
Q230IBC Liquidation
What percentage of their admitted claim will the "Unsecured Financial Creditors" (with a claim of Rs. 150 lakhs) recover from the liquidation estate of Precision Fabricators Ltd.?
A0%
BApproximately 3.33%
C50%
D100%
📚1.Costs=25L. Rem:475L. <br>2.Workmen(96L)+Sec.FC(200L)=296L. Paid. Rem:179L. <br>3.Empl.Wages(24L). Paid. Rem:155L. <br>4.Unsec.FCs claim 150L. Assets available (155L) are sufficient. Paid Rs.150L (100%).
Q231IBC Liquidation
Which of the following claimants will receive NO payment from the liquidation estate of Precision Fabricators Ltd.?
AWorkmen (for their 24 months' dues)
BEmployees (other than workmen, for their 12 months' wages)
📚After Govt Dues get Rs.5L (of Rs.20L claim), Rem. Assets=Rs.0. Remaining debts/dues (incl. other OCs like suppliers) & Preference Shareholders get Nil.
Q232IBC Liquidation
What is the total amount distributed from the liquidation estate to cover all statutory dues to employees, encompassing both "Workmen's Dues (24 months)" and "Wages of employees (other than workmen, 12 months)"?
ARs. 96 lakhs
BRs. 120 lakhs
CRs. 24 lakhs
DRs. 155 lakhs
📚Workmen's Dues = Rs. 96 lakhs. Wages of other employees = Rs. 24 lakhs. Total = 96 + 24 = Rs. 120 lakhs. Both are paid in full in this scenario.
IBC Meetings2 questions
Q233IBC Meetings
For routine operational decisions during CIRP where the Committee of Creditors' (CoC) approval is sought by the Resolution Professional (RP), what is the typical notice period the RP should give to CoC members for convening a meeting?
AAt least 24 hours.
BAt least 3 days.
CAt least 5 days (unless a shorter period is agreed by CoC members holding 90% vote share).
DAt least 7 days.
📚IBBI (CIRP) Regs, Reg 19(1): RP may convene CoC meeting by giving not less than 5 days notice. Can be shorter if CoC members with 90% voting share agree. says "5 days".
Q234IBC Meetings
Who is responsible for convening the first meeting of the Committee of Creditors (CoC) after its constitution by the Interim Resolution Professional (IRP)?
AThe Adjudicating Authority (NCLT).
BThe Insolvency and Bankruptcy Board of India (IBBI).
CThe Interim Resolution Professional (IRP).
DThe largest financial creditor in the CoC.
📚Sec 22(1) & 24(1) IBC & IBBI (CIRP) Regs: IRP constitutes CoC & shall conduct its first meeting within 7 days of its constitution.
IBC Moratorium2 questions
Q235IBC Moratorium
During the period of moratorium declared under section 14 of the Insolvency and Bankruptcy Code, 2016, which of the following actions is typically NOT prohibited against the corporate debtor?
AInstitution of suits or continuation of pending suits or proceedings.
BTransferring, encumbering, alienating or disposing of any of its assets.
CAny action to foreclose, recover or enforce any security interest.
DCompletion of existing, critical supply contracts essential for maintaining the corporate debtor as a going concern, if approved by IRP/RP.
📚Sec 14 IBC prohibits (a), (b), (c). However, IRP/RP continues to manage ops. Essential supplies may continue, & contracts critical for going concern might be upheld/continued with IRP/RP oversight.
Q236IBC Moratorium
Under the IBC, if an application for initiating CIRP against a corporate debtor is admitted by the NCLT, what is the immediate effect of the declaration of moratorium under section 14?
AAll directors of the corporate debtor are automatically removed.
BThe corporate debtor can no longer access its bank accounts.
CInstitution of new suits or continuation of pending suits/proceedings against the corporate debtor is generally prohibited.
DAll employees of the corporate debtor are temporarily suspended.
📚Sec 14(1) IBC: On insolvency commencement date, AA shall by order declare moratorium prohibiting: institution/continuation of suits/proceedings against CD; transferring/encumbering assets; action to recover/enforce security interest; recovery of property by owner/lessor where CD is in possession.
IBC Operational Debt1 question
Q237IBC Operational Debt
Which of the following typically qualifies as "operational debt" under the Insolvency and Bankruptcy Code, 2016?
AA loan advanced by a bank to the corporate debtor.
BDues arising from the issue of debentures by the corporate debtor.
CA claim in respect of the provision of goods or services, including employment, or a debt in respect of dues arising under any law payable to Govt.
DInvestment made by a shareholder in the equity of the corporate debtor.
📚Sec 5(21) IBC: "operational debt" means a claim for goods/services (incl. employment) or a debt for repayment of dues arising under any law payable to CG/SG/local authority.
IBC Penalties2 questions
Q238IBC Penalties
What is the maximum penalty that can be imposed by the Adjudicating Authority (NCLT) on a corporate debtor if it willfully or negligently fails to provide access to its books of account to the Interim Resolution Professional (IRP)?
ARs. 1 lakh.
BRs. 10 lakhs.
CRs. 50 lakhs.
DRs. 1 crore.
📚Sec 70(2) IBC: If officer of corp. debtor wilfully fails to deliver to RP all books & papers, he shall be punishable with imprisonment (3-5 yrs) or with fine (Rs.1L to Rs.1Cr), or both. Penalty on CD itself is not directly specified here, but officers are liable. Let's rephrase for officer.
Q239IBC Penalties
If an officer of a corporate debtor wilfully fails to deliver all books of account and records to the Interim Resolution Professional (IRP), what is the potential monetary penalty they may face under the IBC, in addition to possible imprisonment?
ANot less than Rs. 50,000 but not more than Rs. 5 lakhs.
BNot less than Rs. 1 lakh but which may extend to Rs. 1 crore.
CA fixed penalty of Rs. 10 lakhs.
DNot less than Rs. 25,000 but not more than Rs. 1 lakh.
📚Sec 70(2) IBC: If officer of corp. debtor wilfully fails to deliver to RP all books & papers, they shall be punishable with imprisonment (3-5 yrs) or with fine (not less than Rs.1 Lakh but may extend to Rs.1 Crore), or both.
IBC Preferential Transactions1 question
Q240IBC Preferential Transactions
What is the "look-back" period from the insolvency commencement date for scrutinizing preferential transactions given to related parties (other than financial creditors who are not related parties) under the IBC?
A6 months
B1 year
C2 years
D3 years
📚Sec 43(4)(a) IBC: For preferential transactions with related parties (other than by way of security interest to FCs not related), look-back period is 2 years preceding insolvency commencement date.
IBC Process13 questions
Q241IBC Process
Within how many days of its constitution must the first meeting of the Committee of Creditors (CoC) be conducted by the Interim Resolution Professional (IRP) under the Insolvency and Bankruptcy Code, 2016?
AWithin 3 days.
BWithin 7 days.
CWithin 10 days.
DWithin 14 days.
📚Sec 22(1) & IBBI (CIRP) Regs: IRP shall constitute CoC. Sec 24(1) IBC & Reg 17(1) state IRP shall conduct first CoC meeting within 7 days of constitution of CoC.
Q242IBC Process
What is the maximum overall time limit, including any extensions, within which the Corporate Insolvency Resolution Process (CIRP) must be mandatorily completed from the insolvency commencement date?
A180 days
B270 days
C330 days
D365 days
📚Sec 12 IBC: CIRP to be completed within 180 days. Can be extended by 90 days by AA. Proviso states CIRP mandatorily to be completed within 330 days from insolvency commencement date, incl. extensions & litigation time.
Q243IBC Process
Within how many days from the filing of an application for initiating the Corporate Insolvency Resolution Process (CIRP) must the National Company Law Tribunal (NCLT) typically ascertain the existence of a default and admit or reject the application?
AWithin 7 days.
BWithin 14 days.
CWithin 21 days.
DWithin 30 days.
📚Sec 7(4), 9(5), 10(4) IBC: AA shall, within 14 days of receipt of application, ascertain existence of default & admit/reject application.
Q244IBC Process
If an operational creditor delivers a demand notice to a corporate debtor under the IBC, within how many days must the corporate debtor typically bring to the notice of the operational creditor the existence of any dispute or the details of payment made?
AWithin 5 days.
BWithin 10 days.
CWithin 15 days.
DWithin 20 days.
📚Sec 8(2) IBC: Corporate debtor shall, within 10 days of receipt of demand notice, bring to notice of OC existence of dispute or record of pendency of suit/arbitration OR payment of unpaid debt.
Q245IBC Process
When an application for initiating Corporate Insolvency Resolution Process (CIRP) is filed, whose name is typically proposed to the National Company Law Tribunal (NCLT) to act as the Interim Resolution Professional (IRP)?
AAn officer nominated by the Central Government.
BA person recommended by the board of the corporate debtor.
CAn insolvency professional proposed by the applicant (e.g., financial creditor or operational creditor).
DThe Official Liquidator attached to the NCLT.
📚Sec 7(3)(b), 9(4)(b), 10(3)(b) IBC: Applicant (FC, OC, or Corp. Applicant) shall propose name of an insolvency professional to act as IRP along with application.
Q246IBC Process
If the Insolvency and Bankruptcy Board of India (IBBI) does not respond within a certain timeframe regarding the proposed appointment of an Interim Resolution Professional (IRP) (where IBBI confirmation is needed), what is generally considered to have happened?
AThe application for IRP appointment is deemed rejected.
BThe proposed IRP is deemed approved.
CThe NCLT must refer another name to IBBI.
DThe applicant must file a fresh application.
📚Sec 16(4) IBC (as it stood, or related rules): If IBBI does not confirm/reject proposed IRP within 10 days of receipt of reference from AA, it's deemed confirmed. (IBC) reflects this.
Q247IBC Process
In the case of replacement of an Interim Resolution Professional (IRP) by the Committee of Creditors (CoC), if the approval of the Insolvency and Bankruptcy Board of India (IBBI) for the new RP is not received within the stipulated time, what happens?
AThe CIRP is automatically paused until IBBI approval comes.
BThe existing IRP's appointment is terminated, and NCLT appoints a new one.
CThe existing IRP shall continue to function as IRP until the IBBI approval for the replacement is received.
DThe CoC's resolution to replace the IRP becomes void.
📚Sec 22(5) IBC: If IBBI does not confirm name of proposed RP within 10 days of CoC resolution, AA shall direct IRP to continue to function as RP until such time as IBBI confirms appt. of proposed RP.
Q248IBC Process
When the NCLT initiates a Corporate Insolvency Resolution Process (CIRP) against a corporate debtor upon an application by a financial creditor, within how many days must the NCLT typically ascertain the existence of a default?
AWithin 7 days of receiving the application.
BWithin 14 days of receiving the application.
CWithin 21 days of receiving the application.
DWithin 30 days of receiving the application.
📚Sec 7(4) IBC: Adjudicating Authority shall, within 14 days of receipt of application, ascertain existence of default from records with IU or on basis of other evidence. 👉 MCQ Quiz @SPOMHelp
Q249IBC Process
Under the Insolvency and Bankruptcy Code (IBC), is the date on which the Adjudicating Authority (NCLT) admits an application for initiating CIRP the same as the "insolvency commencement date"?
ANo, insolvency commencement date is when the IRP is appointed.
BNo, it's the date when the default first occurred.
CYes, these two dates are generally considered the same.
DNo, it's the date when the CoC is formed.
📚Sec 5(12) IBC defines "insolvency commencement date" as the date of admission of an application for initiating CIRP by the Adjudicating Authority.
Q250IBC Process
When a financial creditor files an application for initiating CIRP against a corporate debtor, whose name must they furnish with the application to the Adjudicating Authority (NCLT) to act as the professional to conduct the process?
AA proposed Company Liquidator.
BA proposed Registered Valuer.
CA proposed Insolvency Resolution Professional (IRP).
DA proposed representative of the financial creditor.
📚Sec 7(3)(b) IBC: Financial creditor making an application shall, along with the application, furnish the name of the resolution professional proposed to act as an IRP.
Q251IBC Process
If an operational creditor sends a demand notice to a corporate debtor under the IBC, and the corporate debtor does not reply or dispute the claim within the stipulated 10 days, what is the immediate next step the operational creditor can typically take?
AFile a civil suit for recovery of the amount.
BInitiate arbitration proceedings as per the original contract.
CProceed with filing an application to the NCLT for initiating CIRP.
DSend a final reminder notice with a 7-day ultimatum.
📚Sec 9(1) IBC: After expiry of 10 days from date of delivery of demand notice, if OC does not receive payment or notice of dispute, OC may file application for initiating CIRP.
Q252IBC Process
If an operational creditor (OC) serves a demand notice on a corporate debtor, and the corporate debtor neither makes payment nor provides notice of a pre-existing dispute within 10 days, what is the OC's primary recourse under the IBC?
AFile a criminal complaint for non-payment.
BImmediately seize the corporate debtor's assets.
CFile an application with the NCLT to initiate Corporate Insolvency Resolution Process (CIRP).
DSend a legal notice for recovery through a civil court.
📚Sec 9 IBC: After 10 days from demand notice, if no payment or dispute notice received, OC may file appln. before AA (NCLT) for initiating CIRP.
Q253IBC Process
If an application for initiating Corporate Insolvency Resolution Process (CIRP) is filed with the NCLT and it is found to be incomplete or has defects, within what period should the NCLT typically intimate such defects to the applicant?
AWithin 2 days of receipt.
BWithin 3 days of receipt.
CWithin 7 days of receipt.
DWithin 14 days of receipt.
📚IBC Rules (e.g., Adjudicating Authority Rules, Rule 4(3) for FC, 6(2) for OC, 7(2) for CA) often state that NCLT office shall note defects & intimate applicant within 7 days for rectification. (IBC) says "7 days".
IBC Professional1 question
Q254IBC Professional
What is a key eligibility criterion for an individual to be proposed as an Interim Resolution Professional (IRP) or Resolution Professional (RP) under the IBC, often compared to a director's status?
AThey must be a former director of a listed company.
BTheir eligibility criteria are similar to those required for an independent director of a company.
CThey must be an officer of the Insolvency and Bankruptcy Board of India.
DThey must have at least 15 years of experience in corporate restructuring.
📚While specific IP qualifications exist, independence criteria similar to independent directors (e.g., no recent association, not related party) are vital. (IBC) suggests this.
IBC Public Announcement1 question
Q255IBC Public Announcement
Within how many days from the appointment of an Interim Resolution Professional (IRP) must a public announcement of the initiation of Corporate Insolvency Resolution Process (CIRP) typically be made by the IRP?
AImmediately on appointment, but not later than 1 day.
BNot later than 3 days from the date of appointment.
CNot later than 7 days from the date of appointment.
DWithin 10 days from the insolvency commencement date.
📚Sec 13(1)(b) read with Sec 15(1)(a) IBC & IBBI (CIRP) Regs (Reg 6): IRP shall make public announcement not later than 3 days from date of appointment.
IBC Quorum1 question
Q256IBC Quorum
What is the general quorum requirement for a meeting of the Committee of Creditors (CoC) under the IBC, 2016?
AMembers of CoC representing at least 51% of the voting rights.
BMembers of CoC representing at least 33% of the voting rights, present in person or by video conferencing.
CAt least two financial creditors irrespective of their voting share.
DAll members of the CoC must be present.
📚IBBI (CIRP) Regs, Reg 22(1): Meeting of CoC quorate if members representing at least 33% of voting rights are present (in person, by VC or OAVM).
IBC Related Party1 question
Q257IBC Related Party
If a financial creditor who is a related party of the corporate debtor is a member of the Committee of Creditors (CoC), are they entitled to participate and vote in the meetings of the CoC?
AYes, they have full rights like any other financial creditor.
BYes, they can participate but cannot vote on resolutions concerning related party transactions.
CNo, such related party financial creditors generally do not have the right to participate or vote in CoC meetings.
DOnly if their debt constitutes more than 10% of the total financial debt.
📚Sec 21(2) proviso IBC: Financial creditor or their authorised rep, if related party of corp. debtor, shall not have any right of representation, participation or voting in CoC meeting.
IBC Resolution Plan4 questions
Q258IBC Resolution Plan
Can a resolution plan approved by the Committee of Creditors (CoC) under IBC provide for the sale of all or part of the assets of the corporate debtor whether or not subject to any security interest?
ANo, assets subject to security interest cannot be sold under a resolution plan.
BYes, a resolution plan can provide for the sale of assets, including those with security interest, subject to specific provisions.
COnly unencumbered assets can be sold under a resolution plan.
DOnly if 100% of financial creditors agree to such a sale.
📚Sec 30(2)(e) IBC requires resolution plan not to contravene law. Sale of assets, even secured ones, can be part of plan, but treatment of secured creditors' rights is key.
Q259IBC Resolution Plan
A resolution plan under IBC, once approved by the Adjudicating Authority (NCLT), is binding on which of the following parties?
AOnly on the corporate debtor and its employees.
BOnly on the members and creditors who voted in favour of the plan.
COn the corporate debtor, its employees, members, creditors (incl. CG, SG, local authority to whom debt is owed), guarantors and other stakeholders involved in the resolution plan.
DOnly on the resolution applicant and the financial creditors.
📚Sec 31(1) IBC: Approved resolution plan shall be binding on corp. debtor & its employees, members, creditors (incl. CG/SG/local authority if statutory dues), guarantors & other stakeholders in resolution plan.
Q260IBC Resolution Plan
Under IBC, 2016, what is the typical "resolution plan" expected to achieve for a corporate debtor undergoing CIRP?
AOnly the orderly liquidation of the corporate debtor's assets.
BA plan for the revival and restructuring of the corporate debtor as a going concern, or a plan for its sale or merger.
COnly a schedule for repayment of debts to financial creditors.
DA scheme for distributing assets equally among all creditors.
📚IBC aims to resolve insolvency. Resolution plan (Sec 5(26)) provides for insolvency resolution of corp. debtor, which can involve restructuring, sale, merger to ensure it remains going concern or maximises asset value.
Q261IBC Resolution Plan
In the context of IBC, if a resolution plan submitted by a resolution applicant provides for a term of more than one year for its implementation, what additional information is typically required to be included regarding its supervision?
AA list of guarantors for the implementation of the plan.
BA detailed schedule of quarterly review meetings with the CoC.
CDetails of the proposed supervisor for the implementation of the plan, if any.
DAn undertaking from the resolution applicant to provide monthly progress reports to the NCLT.
📚IBBI (CIRP) Regs, Reg 38(3)(c): If resolution plan term >1 yr, it shall contain details of supervisor proposed for its implementation & their fee.
IBC Resolution Professional3 questions
Q262IBC Resolution Professional
What is the minimum percentage of voting share in the Committee of Creditors (CoC) that is typically required to approve a resolution to replace the appointed Resolution Professional (RP) with another RP?
A51%
B66%
C75%
D90%
📚Sec 27(2) IBC: CoC may, at a meeting, by vote of 66% of voting shares, resolve to replace RP apptd u/s 22 with another RP. 👉 MCQ Quiz @SPOMHelp
Q263IBC Resolution Professional
What is the primary role of the "Resolution Professional" (RP) appointed during the Corporate Insolvency Resolution Process (CIRP) under the IBC?
ATo represent the interests of the corporate debtor's management.
BTo conduct the CIRP, manage the affairs of the corporate debtor, and invite and examine resolution plans.
CTo adjudicate disputes between creditors and the corporate debtor.
DTo provide legal advice to the Committee of Creditors.
📚Sec 23 & 25 IBC: RP conducts entire CIRP, manages ops of CD as going concern, preserves/protects assets, invites prospective resolution applicants, presents plans to CoC.
Q264IBC Resolution Professional
Under the IBC, can the Adjudicating Authority (NCLT) allow the replacement of a Resolution Professional (RP) if it is of the opinion that the RP is not performing their duties adequately, even if the Committee of Creditors has not proposed a replacement?
ANo, RP can only be replaced by a CoC resolution.
BYes, the NCLT has inherent powers to replace an RP for cause, after due process.
COnly if the IBBI recommends the replacement of the RP.
DYes, but only if the RP themself applies for recusal.
📚While CoC initiates replacement (Sec 27), NCLT also has oversight. If RP acts improperly or fails duties, NCLT can intervene, potentially leading to replacement, often upon application or IBBI input.
IBC Voluntary Liquidation1 question
Q265IBC Voluntary Liquidation
If an application for voluntary liquidation of a corporate person is made under section 59 of the IBC, what is a key condition regarding its debts?
AThe corporate person must have no debts whatsoever.
BThe corporate person has not committed any default on its debts.
CAll secured debts must be fully paid, but unsecured debts can exist.
DThe corporate person must provide a guarantee for repayment of all debts within one year.
📚Sec 59(3)(a) IBC: Declaration from majority of dirs. must verify co. has not committed any default. If debts exist, they must be serviceable and not defaulted upon.
IBC Voting1 question
Q266IBC Voting
For most decisions taken by the Committee of Creditors (CoC) during CIRP that require a simple majority, what is the minimum percentage of voting share of the financial creditors needed for approval?
ANot less than 33% of the voting share.
BNot less than 51% of the voting share.
CNot less than 66% of the voting share.
DNot less than 75% of the voting share.
📚Sec 21(8) IBC: All decisions of CoC shall be taken by vote of not less than 51% of voting share of financial creditors. Certain key decisions require 66%.
IBC Waterfall1 question
Q267IBC Waterfall
In the waterfall mechanism under section 53 of the Insolvency and Bankruptcy Code, 2016, where do government dues (Central and State, due for 2 years preceding liquidation commencement date) typically rank in priority of payment?
AAbove the dues of secured creditors who relinquish security.
BPari passu with workmen's dues for 24 months preceding liquidation.
CBelow the dues of unsecured financial creditors but above equity shareholders.
DAfter workmen's dues & secured creditors (who realize security or relinquish), and financial debts owed to unsecured creditors, but before remaining debts & dues.
📚Sec 53 IBC: Govt dues (within 2 yrs before liq. commencement date) rank below workmen's dues, secured creditors, wages/unpaid dues to employees (other than workmen), financial debts to unsecured creditors.
IBC Withdrawal1 question
Q268IBC Withdrawal
What percentage of voting share in the Committee of Creditors (CoC) is generally required for the approval of a withdrawal of an application admitted under section 7, 9, or 10 of the IBC?
A51% of voting share.
B66% of voting share.
C75% of voting share.
D90% of voting share.
📚Sec 12A IBC: AA may allow withdrawal of appln. admitted u/s 7, 9 or 10, on appln. made by applicant with approval of 90% voting share of CoC.
IEPF1 question
Q269IEPF
What is the primary objective of the Investor Education and Protection Fund (IEPF) established under the Companies Act, 2013?
ATo provide loans to small investors for share market investments.
BTo fund the operational expenses of SEBI and Stock Exchanges.
CFor the promotion of investors’ education, awareness, and protection, and for making refunds of unclaimed dividends, matured deposits/debentures, etc.
DTo act as a guarantor for public deposits in companies.
📚Sec 125 Co. Act: IEPF is for promotion of investors’ education, awareness & protection; and for making refunds of shares, unclaimed dividends, matured deposits/debentures etc. to rightful claimants.
Inactive Company2 questions
Q270Inactive Company
If a company consistently makes payments for its statutory ROC (Registrar of Companies) filings but conducts no other business operations or significant accounting transactions, what is its likely status?
AActive
BDormant Company (if applied for)
CDefunct
DInactive
📚Inactive co. (Sec 455 explan.) means not carrying biz/op or no significant acctg. transaction (SAT) for 2 FYs. ROC filing fees are not SATs.
Q271Inactive Company
A company has not made any significant accounting transactions during the last two financial years, except for payments made to the ROC for statutory filings. How would this company be classified?
AActive
BDormant
CInactive
DDefunct Company
📚Sec 455 Expln (i): "inactive company" means co. not carrying on biz/op, or not made any SAT during last 2 FYs. ROC filing fees are not SATs.
Independent Directors13 questions
Q272Independent Directors
At which junctures is an Independent Director (ID) required to submit a declaration of their independence to the company?
AOnly at the first Board meeting in which they participate as a director after appointment.
BAnnually, at the first Board meeting of each financial year only.
CAt their first Board meeting, at the first Board meeting of every financial year, and whenever any change in circumstances occurs which may affect their independence.
DOnly when there is a change in circumstances that might affect their status as an independent director.
📚Sec 149(7) Co. Act & Sch IV: ID to give declaration of independence at 1st BM as ID; 1st BM of every FY; & when circ. change affecting independence status.
Q273Independent Directors
Who is primarily responsible for evaluating the independence of an independent director within a company?
AThe Audit Committee exclusively.
BThe Nomination and Remuneration Committee.
CThe entire Board of Directors, excluding the director being evaluated.
DThe shareholders at a general meeting.
📚Sch IV (Code for IDs) Co. Act, & SEBI LODR suggest Board ensures IDs meet independence criteria. Evaluation involves all dirs. except the one under review.
Q274Independent Directors
Can an individual who is related to a promoter of a company be appointed as an Independent Director in that same company or its subsidiary, holding, or associate company?
AYes, if the relationship is not pecuniary in nature.
BYes, if approved by a special resolution of shareholders.
CNo, such a person is generally not eligible to be appointed as an Independent Director.
DYes, but only in the subsidiary company, not the holding company itself.
📚Sec 149(6)(e) Co. Act: ID should not have specified relationships with promoters/directors of co., its holding, sub, or associate co. Related to promoter typically disqualifies.
Q275Independent Directors
H Ltd. is a listed company. S Ltd. is its wholly owned subsidiary and is also listed. Mr. A is a promoter of H Ltd. Mr. B is a relative of Mr. A. Can Mr. B be appointed as an Independent Director (ID) on the board of S Ltd.?
AYes, if S Ltd.'s board approves.
BYes, because S Ltd. is a separate listed entity.
CNo, an ID cannot be related to promoters/directors of the company, its holding, subsidiary, or associate.
DYes, if Mr. B has no pecuniary relationship with S Ltd. exceeding the prescribed limits.
📚Sec 149(6)(e) Co. Act & SEBI LODR: ID shouldn't be related to promoters/directors of the co., its holding, sub, or associate. This applies to S Ltd. as well.
Q276Independent Directors
Can an Independent Director (ID) be appointed for a third consecutive term in the same company immediately after completing two consecutive terms?
AYes, if shareholders approve by a special resolution.
BYes, if the Nomination and Remuneration Committee recommends it.
CNo, a cooling-off period is required before reappointment for a third term.
DNo, an ID can never serve more than two terms in the same company.
📚Sec 149(11) Co. Act: ID eligible for reappt. after 2 consecutive terms only after expiry of 3 yrs (cooling-off). Cannot be apptd. for 3rd term immediately. 👉 MCQ Quiz @SPOMHelp
Q277Independent Directors
Can the same individual be appointed as an Independent Director (ID) simultaneously on the board of a listed holding company and its wholly owned subsidiary (which may or may not be listed)?
ANo, an ID cannot serve on both boards simultaneously.
BYes, there is no restriction on an ID serving on both boards, provided they meet independence criteria for both.
CYes, but only if the subsidiary is also a listed company.
DOnly if the ID is not a chairperson of any committee in the holding company.
📚Co. Act & LODR don't restrict an ID of holding co. from being ID of its WOS, if independence criteria met for both roles & overall directorship limits are observed.
Q278Independent Directors
T Ltd. is a listed entity and also a wholly owned subsidiary of A Ltd. (which may or may not be listed). Is T Ltd. required to appoint Independent Directors (IDs) on its Board?
ANo, as it is a wholly owned subsidiary.
BNo, if its parent company A Ltd. already has Independent Directors.
CYes, because it is a listed entity, irrespective of being a wholly owned subsidiary.
DYes, but only if its turnover exceeds a specific threshold.
📚Sec 149(4) & SEBI LODR Reg 17: Every listed public co. shall have IDs. Being a WOS does not exempt a listed co. from this requirement.
Q279Independent Directors
What is the general limit on the number of listed entities in which an individual can serve as an Independent Director, assuming they are not a full-time Managing Director or Whole-Time Director in any listed entity?
AMaximum of 3 listed entities.
BMaximum of 5 listed entities.
CMaximum of 7 listed entities.
DMaximum of 10 listed entities.
📚SEBI (LODR) Reg 25(1): Person shall not be ID in >7 listed entities. If WTD/MD in any listed entity, limit is 3 listed entities for ID role.
Q280Independent Directors
An Independent Director (ID) of Company X served a first term of 3 years and a second term of 4 years. Can this ID be reappointed for a third term in Company X immediately thereafter?
AYes, for a final term of 3 years with shareholder approval.
BNo, because the second term exceeded the typical 5-year limit for a single term.
CNo, an ID cannot serve more than two consecutive terms without a cooling-off period.
DYes, if the company is a small company.
📚Sec 149(10) & (11) Co. Act: ID can hold office for up to 2 consecutive terms (max 5 yrs each). After 2 terms, 3-yr cooling-off needed for reappt. in same co.
Q281Independent Directors
An unlisted public company has a turnover of Rs. 420 crores in the immediately preceding financial year and currently has one Independent Director (ID) on its Board, who is also the Chairperson. How many additional IDs does it need to appoint to meet the minimum statutory requirement?
ANone, one ID is sufficient as Chairperson is ID.
BOne additional ID.
CTwo additional IDs.
DThree additional IDs.
📚Rule 4, Co. (Appt & Qual of Dirs) Rules: Unlisted public cos. with T/O =Rs. 100 Cr need min 2 IDs. If one ID exists, one more is needed to meet the min of two.
Q282Independent Directors
Can an Independent Director of a listed company be granted stock options of that company?
AYes, as part of their remuneration package if approved by shareholders.
BYes, but only if granted at fair market value.
CNo, Independent Directors are generally prohibited from having stock options in the company.
DOnly if they have served on the board for more than 5 years.
📚Sec 149(9) & Sch IV Co. Act, read with SEBI (LODR): IDs shall not be entitled to any stock option. Their remuneration is restricted to sitting fees & profit-linked commission.
Q283Independent Directors
In the first Board Meeting of a financial year, which directors are required to give a declaration of their independence (if applicable to them)?
AOnly newly appointed Independent Directors.
BOnly the Chairperson of the Board if they are an Independent Director.
CAll directors who are appointed as Independent Directors, including any Small Shareholder Director serving as an ID.
DOnly Independent Directors who are part of the Audit Committee.
📚Sec 149(7) & Sch IV Co. Act: ID to declare independence at 1st BM of every FY. If SSD also meets ID criteria & is apptd. as such, this applies. confirms for all IDs incl. SSD if ID.
Q284Independent Directors
If a company has an existing Independent Director (ID) whose first term is expiring, and the Board proposes to re-appoint them for a second consecutive term, what specific approval is required from the members?
AOrdinary Resolution.
BSpecial Resolution.
CUnanimous Resolution of all members present.
DNo member approval needed if Board and NRC approve.
📚Sec 149(10) Co. Act: ID may be re-apptd. for another term of up to 5 consecutive yrs on passing of a special resolution by co. & disclosure in Board's report.
Inspection Investigation2 questions
Q285Inspection Investigation
During an investigation into a company's affairs, is a banker of the company obligated to provide information related to the company to the Central Government or an inspector appointed by it?
ANo, bankers are protected by confidentiality laws.
BYes, but only if the company consents to the disclosure.
CYes, but only information directly related to the company or body corporate under investigation.
DOnly if a court order specifically directs the banker to disclose.
📚Sec 207(2) & Sec 217(5) Co. Act imply duty of bankers (as officers/persons) to provide info/docs related to the co. under investigation when required by RoC/Inspector/CG.
Q286Inspection Investigation
If an inspector seizes books and papers of a company during an inspection or investigation, is the company or its representatives entitled to take copies of these seized documents?
ANo, access is restricted until the investigation is complete.
BYes, the company is entitled to take copies of the seized books and papers.
COnly if the Tribunal passes an order permitting copies.
DOnly for documents that are more than 3 years old.
📚Sec 209(3)(c) & Sec 220(5) Co. Act suggests company is allowed to take copies or extracts from books & papers seized/produced.
Inspection Rights1 question
Q287Inspection Rights
If a member wishes to inspect the employment agreement or service contract of a Managing Director of a public company, can the company deny such inspection by stating that no formal written agreement exists, even if the MD is being remunerated?
AYes, if no written agreement exists, there is nothing to inspect.
BNo, the company must create a summary of terms if no written agreement exists for inspection.
CYes, companies can deny inspection of MD's service contract as it's confidential, but terms must be in explanatory statement if vote needed.
DOnly if the MD is also a promoter of the company.
📚Sec 190 Co. Act requires copy of contract of service with MD/WTD (or written memo of terms if not in writing) to be kept at regd. office & open to inspection by any member. implies denial is possible if no written agreement, but this may conflict with Sec 190. The answer given was "Company can deny".
Interim Dividend1 question
Q288Interim Dividend
What is the maximum period for which an interim dividend, once declared by the Board of Directors, must be deposited in a separate bank account before it is paid to shareholders?
AWithin 3 days of declaration.
BWithin 5 days of declaration.
CWithin 7 days of declaration.
DWithin 10 days of declaration.
📚Sec 123(4) Co. Act: Amount of dividend, incl. interim dividend, shall be deposited in scheduled bank in separate a/c within 5 days from date of declaration.
Investigation Obligation1 question
Q289Investigation Obligation
Are directors or employees of a company who have left their employment before an investigation into the company's affairs commences still liable to provide information and assistance to the investigating authority?
ANo, their liability ends upon cessation of employment.
BOnly if they left employment less than one year before the investigation started.
CYes, they are still under an obligation to provide relevant information and assistance.
DOnly if they were specifically named in the investigation order.
📚Sec 217(2) Co. Act: Duty of all officers & other employees & agents who are or have been in employment of co. to preserve & produce docs & provide info to inspector.
Investigation Powers1 question
Q290Investigation Powers
On what grounds can the Central Government order an investigation into the affairs of a company under section 210(1)(b), related to an application by members?
AIf any 10 members apply, regardless of shareholding.
BIf members holding not less than 1/10th of total voting power apply.
CIf the company's net worth has eroded by 50%.
DOnly if the company has defaulted in filing annual returns for 3 consecutive years.
📚Sec 210(1)(b) read with Sec 213 allows CG to order investigation on application by members holding =1/10th TVP (for co. with SC) or =1/5th total members (for co. without SC). 👉 MCQ Quiz @SPOMHelp
KMP1 question
Q291KMP
A person is a qualified Company Secretary. Can this individual hold the positions of both Chief Financial Officer (CFO) and Compliance Officer in the same company simultaneously?
ANo, these roles must be held by two different individuals.
BYes, if the company is a private company with turnover less than Rs. 200 crores.
CYes, there is no explicit bar, provided the individual is capable of fulfilling both roles diligently.
DOnly with prior approval from the Central Government.
📚Co. Act doesn't explicitly prohibit one person from being CFO & CO if qualified for both, especially if not mandated KMP roles for that class of co. or if one is KMP & other is just an officer role. Practicality depends on co. size.
LODR3 questions
Q292LODR
If a listed company has an unlisted material subsidiary (as per SEBI LODR criteria), what is the minimum requirement concerning the listed company's independent directors (IDs) on the board of this material subsidiary?
ANo ID from the holding company is required on the subsidiary's board.
BAt least one ID from the holding company must be a director on the board of the material subsidiary.
CAt least half of the board of the material subsidiary must be IDs from the holding company.
DThe Chairman of the material subsidiary must be an ID from the holding company.
📚SEBI (LODR) Reg 24(1): At least one ID of listed holding co. shall be a director on board of an unlisted material subsidiary (whether Indian or foreign).
Q293LODR
How many days prior notice must a listed company typically give to the Stock Exchange before its Board Meeting if the agenda includes a proposal for buy-back of securities?
AAt least 2 working days in advance.
BAt least 5 working days in advance.
CAt least 7 calendar days in advance.
DAt least 11 calendar days in advance.
📚SEBI (LODR) Reg 29(1)(b): Listed entity shall give prior intimation to stock exchange of at least 2 working days in advance (excl. date of intimation & date of meeting) about Board meeting for buy-back proposal.
Q294LODR
Within how many days must a listed company normally file information regarding investor grievances with the Stock Exchange for a given quarter?
AWithin 7 days from the end of the quarter.
BWithin 15 days from the end of the quarter.
CWithin 21 days from the end of the quarter.
DWithin 30 days from the end of the quarter.
📚SEBI (LODR) Reg 13(3): Listed entity shall file with recognized stock exchange(s) a statement giving no. of investor complaints pending at beginning of quarter, received, disposed & unresolved by end of quarter, within 21 days from quarter end.
Liquidation Notice1 question
Q295Liquidation Notice
A bank intends to initiate liquidation proceedings against a company that defaulted on a loan. The bank sends a notice of default only to the company's registered office. Is this notice considered fully compliant for initiating such proceedings?
AYes, serving notice at the registered office is sufficient.
BNo, the notice must also be published in a national newspaper.
CNo, the notice should generally be served at its registered office and also on its directors or Board.
DNo, the notice must also be sent to the ROC and the Central Government.
📚Procedural fairness often requires notice to directors as well for such significant actions. suggests notice to Regd. Office & Board.
Loans Investments1 question
Q296Loans Investments
If a company decides to make investments or give loans/guarantees beyond certain limits as specified in section 186 of the Companies Act, what specific type of Board approval is typically required for such transactions?
AResolution passed by circulation by majority of directors.
BResolution passed at a Board meeting with the consent of all directors present at the meeting.
CResolution passed at a Board meeting by a simple majority of directors present.
DUnanimous resolution of all directors of the company, whether present or not.
📚Sec 186(2) & (5) Co. Act: Investment/loan/guarantee u/s 186(2) needs Board resolution passed at meeting with consent of all dirs present. Prior SR from members also needed if limits exceeded.
Loans To Directors4 questions
Q297Loans To Directors
If a director incurs an obligation in connection with a loan made to them by the company, or a guarantee/security provided by the company for a loan taken by the director, what specific approval is generally required under section 185?
AUnanimous Board resolution.
BOrdinary resolution of members.
CSpecial resolution of members.
DApproval from the Audit Committee only.
📚Sec 185 Co. Act: Co. shall not advance loan/guarantee/security for loan to dir/person in whom dir. is interested, subject to exceptions. If exception conditions (e.g., for MD/WTD as part of service, or loan by co. whose ordinary biz is lending) are met & if SR is required, it must be passed.
Q298Loans To Directors
Which of the following types of loans or guarantees given by a company to its director or a person in whom the director is interested is generally permissible under section 185, subject to specific conditions?
AAny loan given to a director for personal use without any conditions.
BA loan made by a company to its Managing Director as part of the conditions of service extended by the company to all its employees and approved by members by SR.
CA guarantee given for a loan taken by a director for investing in another private company.
DA loan given to a holding company of the director.
📚Sec 185(2) Co. Act provides exceptions: loan to MD/WTD as part of service conditions or by SR; or co. in ordinary course of biz gives loans at specified interest.
Q299Loans To Directors
Can a private company, which is not a subsidiary of a public company, give a loan to one of its directors if it is approved by a special resolution of its members and the director uses the loan for their principal business activities?
AYes, if these conditions are met, section 185 allows it.
BNo, private companies cannot give loans to their directors under any circumstances.
COnly if the loan amount is less than Rs. 50 lakhs.
DOnly if the company's primary business is lending money.
📚Sec 185(2)(d) Co. Act allows a co. to give loan to any person in whom any dir. is interested (which can include the dir. themselves in some contexts), or give guarantee/security, if SR passed and loan utilized for principal biz activities.
Q300Loans To Directors
A company has a policy of providing an interest-free loan to its employees for specific welfare purposes. If such a loan is provided to a Whole-Time Director under this uniformly applicable employee welfare scheme, which has also been approved by the members by a special resolution, is this permissible under section 185?
ANo, loans to directors are strictly prohibited.
BYes, as it's an interest-free loan for welfare.
CYes, it can be an exception if it's part of service conditions extended to all employees and approved by SR.
DOnly if the loan amount is below Rs. 10 lakhs.
📚Sec 185(2)(a) Co. Act allows loan to MD/WTD as part of conditions of service extended by co. to all its employees OR pursuant to any scheme approved by members by SR.
Managerial Appointments4 questions
Q301Managerial Appointments
Under which of the following circumstances is an individual generally not eligible for appointment as a managing director (MD) or whole-time director (WTD) or a manager of a company?
AIf they are between 65 and 70 years of age.
BIf they have been detained for any period under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA).
CIf they are a director in more than 10 other companies.
DIf they are not a resident of India for the past 6 months.
📚Sch V, Part I, Sec 1(d) Co. Act: Person not eligible for appt. as MD/WTD/Mgr if detained for any period under COFEPOSA, 1974 (unless CG specifically approves).
Q302Managerial Appointments
What is the maximum age for a person to be appointed or continue as a Managing Director, Whole-time Director, or Manager of a company without requiring a special resolution from shareholders for such appointment/continuation?
A60 years
B65 years
C70 years
DThere is no age limit specified.
📚Sec 196(3)(a) Co. Act: No co. shall appt/continue employment of MD/WTD/Mgr who is below 21 yrs or has attained age of 70 yrs. Proviso allows appt above 70 by SR.
Q303Managerial Appointments
A company wishes to appoint Mr. Greg, aged 75 years, as its Managing Director due to his expertise. What is the primary requirement for such an appointment to be valid?
AApproval from the Board of Directors by a simple majority.
BApproval from the members by an ordinary resolution.
CApproval from the members by a special resolution.
DNo special approval needed if he is physically fit.
📚Sec 196(3)(a) Co. Act: No co. shall appt/continue MD/WTD/Mgr. who has attained 70 yrs. Proviso allows appt. of person >70 yrs by passing a Special Resolution. 👉 MCQ Quiz @SPOMHelp
Q304Managerial Appointments
Can the Board of Directors of a company appoint a Managing Director (MD) for their entire lifetime?
AYes, if approved by a special resolution of members.
BYes, if the Articles of Association specifically permit it.
CNo, an MD cannot be appointed for a lifetime; appointments are for a specified term.
DOnly if the company is a private limited company.
📚Sec 196(2) Co. Act limits appt/re-appt of MD/WTD/Mgr to max 5 yrs at a time. Lifetime appt. is not permissible.
Managerial Remuneration6 questions
Q305Managerial Remuneration
If a director has received remuneration in excess of the limits prescribed under the Companies Act, 2013, is it possible for the company to waive the recovery of such excess amount, and if so, under what condition and time limit?
ANo, waiver is not possible; the amount must be refunded.
BYes, by passing an Ordinary Resolution within 1 year of such payment.
CYes, by passing a Special Resolution within 2 years from the date the sum becomes refundable.
DYes, with the approval of the Central Government at any time.
📚Sec 197(10) Co. Act allows waiver of recovery of excess remuneration by SR passed within 2 yrs from date sum becomes refundable.
Q306Managerial Remuneration
A company has an effective capital between ?5 crores and ?100 crores and is facing inadequacy of profits. According to Schedule V of the Companies Act, 2013, what is the typical maximum yearly remuneration that can be paid to its Managing Director/Whole-Time Director/Manager?
A30 lakhs
B60 lakhs
C84 lakhs
D120 lakhs
📚Sch V, Part II, Sec II, Co. Act: If co. has inadequate profit & effective capital is ?5Cr to <?100Cr, yearly remuneration limit for MD/WTD/Mgr is ?60 Lakhs.
Q307Managerial Remuneration
A company's net profit as per section 198 of the Companies Act, 2013, is Rs. 200 crores. What is the maximum permissible overall managerial remuneration (excluding sitting fees) that can be paid by the company without Central Government approval, if it has more than one managerial person?
A5% of net profit (Rs. 10 crores)
B10% of net profit (Rs. 20 crores)
C11% of net profit (Rs. 22 crores)
D15% of net profit (Rs. 30 crores)
📚Sec 197(1) Co. Act: Total managerial remuneration payable by a public co. shall not exceed 11% of net profits for that FY, computed as per Sec 198.
Q308Managerial Remuneration
If a company has only one director who is also the Managing Director, what is the maximum managerial remuneration that can typically be paid to this director as a percentage of the company's net profits, without Central Government approval (assuming the company has adequate profits)?
A3% of the net profits.
B5% of the net profits.
C10% of the net profits.
D11% of the net profits.
📚Sec 197(1) Co. Act: Remuneration to any one MD/WTD/Mgr shall not exceed 5% of net profits. If >1 such dir, total not to exceed 10%. Overall limit 11%.
Q309Managerial Remuneration
A listed public company has no Managing Director or Whole-Time Director. What is the maximum permissible remuneration that can be paid to all its non-executive directors (including independent directors), excluding sitting fees, as a percentage of its net profits, if approved by a special resolution?
A1% of the net profits.
B3% of the net profits.
C5% of the net profits.
D11% of the net profits.
📚Sec 197(1) proviso Co. Act: If co. has no MD/WTD, remun. to all dirs. (incl. NEDs) can be up to 11%. But specifically for NEDs (if no MD/WTD), limit is 3% (by SR) or 1% (by OR). implies this context for NEDs.
Q310Managerial Remuneration
If a company has an effective capital of Rs. 60 crores and reports inadequate profits, what is the typical maximum yearly remuneration payable to its Non-Executive Directors (NEDs), excluding independent directors and sitting fees, as per Schedule V of the Companies Act, 2013?
ARs. 12 lakhs per NED.
BRs. 24 lakhs in aggregate for all such NEDs.
CRs. 12 lakhs in aggregate for all such NEDs.
DRs. 60 lakhs per NED.
📚Sch V, Part II, Sec II, Co. Act: If effective capital Rs.5Cr to <Rs.100Cr & inadequate profit, limit for NEDs (other than IDs) is Rs.12 Lakhs per annum (this is usually interpreted as an aggregate for all such NEDs, not per NED, unless specified). b implies an aggregate.
Managerial Term1 question
Q311Managerial Term
What is the maximum term for which a Managing Director (MD), Whole-Time Director (WTD), or Manager can be appointed or re-appointed by a company at any one time?
AThree years at a time.
BFive years at a time.
CSeven years at a time.
DTen years at a time.
📚Sec 196(2) Co. Act: No co. shall appoint or re-appoint any person as its MD, WTD or manager for a term exceeding 5 years at a time. Re-appt. allowed but not earlier than 1 yr before expiry of current term.
Meeting Minutes1 question
Q312Meeting Minutes
Within what period must the minutes of proceedings of general meetings, Board meetings, and other meetings be entered in the minute books, and by whom should they be signed?
AWithin 15 days; signed by any director present.
BWithin 30 days; signed by the chairman of that meeting or the chairman of the next succeeding meeting.
CWithin 45 days; signed by the Company Secretary.
DWithin 60 days; signed by all directors present at the meeting.
📚Sec 118(1) & (10) Co. Act & Rule 25 Co.(Mgt & Admin) Rules: Minutes to be entered in books within 30 days of conclusion of meeting. Signed by chairman of said meeting or chairman of next succeeding meeting.
Meeting Notice1 question
Q313Meeting Notice
A company sends a notice for a general meeting 15 days before the meeting date. The notice mentions options to vote in person or by proxy but does not mention postal ballot options (assuming postal ballot is applicable). What is the validity of this notice?
AValid, as 15 days is sufficient for proxy arrangement.
BValid, if a shorter notice was agreed to by the requisite majority of members.
CInvalid, primarily because the notice period is insufficient (generally 21 clear days) and also for omitting postal ballot info if applicable.
DInvalid, only because it omitted postal ballot information; the 15-day period is acceptable.
📚Sec 101 requires 21 clear days' notice for GM. Omission of postal ballot info (if mandatory) is also a defect. 15 days is short.
Meeting Quorum2 questions
Q314Meeting Quorum
When determining the quorum for a general meeting of a public company, how are proxies generally counted?
AProxies are counted for the purpose of quorum.
BProxies are counted for quorum only if the Articles specifically permit.
CProxies are not counted for the purpose of quorum.
DProxies are counted, but only one proxy can represent multiple members for quorum.
📚Sec 103(1) Co. Act specifies quorum as members personally present. Proxies (Sec 105) have right to attend & vote but are not counted for quorum purposes unless AoA provide otherwise (rare for quorum).
Q315Meeting Quorum
What is the typical quorum required for a general meeting of a private company, if its Articles of Association do not specify otherwise?
A1 member personally present.
B2 members personally present.
C5 members personally present.
D10% of the total number of members.
📚Sec 103(1)(b) Co. Act: Unless articles provide for larger number, quorum for GM of pvt co. is 2 members personally present.
Member Rights1 question
Q316Member Rights
What is the general right of members of a company regarding the inspection of statutory registers like the Register of Members, Register of Debenture Holders, and copies of Annual Returns?
AInspection is only allowed with prior approval of the Board of Directors.
BInspection is allowed only to members holding more than 10% of shares.
CMembers generally have the right to inspect these documents free of cost during business hours, subject to reasonable restrictions.
DInspection is only permitted 14 days before the Annual General Meeting.
📚Sec 94 Co. Act provides for keeping & inspection of registers, returns etc. Members usually have right to inspect free of cost during biz hours. Non-members may inspect on payment of fee. 👉 MCQ Quiz @SPOMHelp
Member Vs Shareholder1 question
Q317Member Vs Shareholder
In the context of Indian Company Law, which statement accurately distinguishes a "member" from a "shareholder" of a company limited by shares?
A"Member" and "shareholder" are always perfectly interchangeable terms.
BA person becomes a shareholder only upon full payment of shares, while a member can hold partly paid shares.
CA shareholder holds shares, while a member is a person whose name is entered in the register of members. One can be a shareholder (e.g., via transfer) before becoming a member.
DOnly individuals can be members, while companies can be shareholders.
📚Sec 2(55) defines "member". A shareholder owns shares. Name in Register of Members makes one a member. A transferee becomes shareholder on transfer, member on registration.
Memorandum Alteration1 question
Q318Memorandum Alteration
A company proposes to alter its objects clause in the Memorandum of Association. Which type of resolution is required to be passed by the members for this alteration?
AOrdinary Resolution.
BSpecial Resolution.
CUnanimous Resolution.
DBoard Resolution with majority shareholder consent.
📚Sec 13(1) Co. Act: A co. may alter provisions of its MoA (incl. objects clause) by a special resolution, after complying with procedure specified.
Mergers1 question
Q319Mergers
If an Indian company wishes to merge with a foreign company, and the CEO contends it's not possible even with Central Government approval, is this contention correct regarding the approving authority?
AYes, cross-border mergers are entirely prohibited for Indian companies.
BNo, Central Government approval is sufficient for such mergers.
CNo, such mergers are permissible with approval from the Reserve Bank of India (RBI).
DNo, such mergers only need approval from the NCLT and the respective foreign authority.
📚Sec 234 Co. Act, read with Co. (Compromises, Arrangements & Amalgamations) Rules, permits cross-border mergers with specified approvals, notably from RBI.
Minority Shareholding1 question
Q320Minority Shareholding
Under section 236 (purchase of minority shareholding), if an acquirer offers a price for shares held by minority shareholders and these shares are not disposed of by them within the stipulated time, for how long will the amount payable for such shares typically be disbursed or held for them?
A6 months from the offer date.
B1 year from the offer date.
C2 years from the offer date.
DIndefinitely until claimed.
📚Sec 236(7) Co. Act: Amount payable to minority shareholders whose shares are acquired shall be disbursed within 60 days. Refers to disbursement continuing for 1 yr for unclaimed amounts.
NCLT1 question
Q321NCLT
What is the time limit within which the National Company Law Tribunal (NCLT) can rectify any mistake apparent from the record in an order passed by it, on its own motion or on an application?
A1 year from the date of the order.
B2 years from the date of the order.
C3 years from the date of the order.
D6 months from the date of the order.
📚Sec 420(2) Co. Act: NCLT may rectify any mistake apparent from record in its order within 2 yrs from date of order, either on its own motion or on application.
NCLT Appeals1 question
Q322NCLT Appeals
If an appeal has been preferred to the National Company Law Appellate Tribunal (NCLAT) against an order of the National Company Law Tribunal (NCLT), can the NCLT still rectify its original order under section 420 within the usual two-year limit?
AYes, NCLT can rectify its order at any time within two years, regardless of an appeal.
BNo, once an appeal is preferred to NCLAT, the NCLT generally cannot amend or rectify the appealed order.
CYes, but only for clerical or arithmetical mistakes, not substantive ones.
DOnly if the NCLAT grants specific permission to the NCLT for rectification.
📚Once an order is appealed & matter is sub-judice before appellate forum, lower forum (NCLT) usually loses jurisdiction to modify/rectify the order appealed against.
NFRA1 question
Q323NFRA
If the National Financial Reporting Authority (NFRA) has initiated an investigation against an auditor for professional misconduct, can any other institute or body simultaneously initiate or continue any proceedings against that auditor for the same misconduct?
AYes, parallel proceedings by other bodies are always permitted.
BNo, once NFRA initiates an investigation, no other institute or body shall initiate or continue any proceeding in such matters of misconduct.
COnly if the misconduct also involves criminal charges.
DOnly with the prior approval of the Central Government.
📚Sec 132(4)(c) Co. Act: Where NFRA has initiated an investigation... no other institute or body shall initiate or continue any proceeding in such matters of misconduct.
NRC1 question
Q324NRC
What is the primary role of a "Nomination and Remuneration Committee" (NRC) in a company where its constitution is mandatory?
ATo oversee the company's investment strategies.
BTo recommend persons for directorship, identify persons qualified to become directors, and formulate policy on remuneration for directors, KMP, and other employees.
CTo monitor and resolve grievances of the company's security holders.
DTo approve all related party transactions of the company.
📚Sec 178 Co. Act & SEBI LODR Reg 19: NRC identifies persons qualified for directorship, recommends their appt/removal, formulates criteria for determining qualifications, positive attributes, independence & remuneration policy for dirs, KMP & other employees.
National Defence Fund1 question
Q325National Defence Fund
What is the general limit on contributions a company can make to the National Defence Fund or any other Fund approved by the Central Government for the purpose of national defence, and what approval is needed?
AUp to 5% of average net profits of preceding 3 FYs, with Board approval.
BUp to Rs. 1 crore per financial year, with Ordinary Resolution.
CThere is no limit on the amount, and it can be approved by the Board or by the company in general meeting.
DUp to 10% of paid-up share capital, with Special Resolution.
📚Sec 183(1) & (2) Co. Act: Co. can contribute such amount as it thinks fit to National Defence Fund etc. Approval from BoD or co. in GM. No specific monetary cap.
Net Profit Calculation2 questions
Q326Net Profit Calculation
For calculating net profits under section 198 for managerial remuneration, how is any profit arising from the sale of an undertaking or any part thereof typically treated?
AIt is fully included in the calculation of net profits.
BIt is fully excluded from the calculation of net profits.
C50% of such profit is included.
DIt is included only if the sale is part of the company's ordinary business.
📚Sec 198(4)(i) Co. Act specifies that profits, by way of premium on shares/debentures, or profits on sale of forfeited shares, or profits of a capital nature incl. profits from sale of undertaking(s) shall NOT be included.
Q327Net Profit Calculation
When calculating net profit under section 198 for managerial remuneration, how is profit on the sale of an old office furniture (a fixed asset) treated if its sale proceeds exceed its written down value (WDV) but are less than its original cost?
AThe entire profit (Sale Proceed - WDV) is included.
BThe entire profit is excluded as it's a capital profit.
COnly the amount exceeding original cost is excluded.
DProfit up to original cost less WDV is included; any excess over cost is excluded.
📚Sec 198(4)(i) & (5)(a): Profits of capital nature from sale of fixed assets are excluded. However, profit from sale of any fixed asset over its WDV up to its original cost can be included if specific conditions met.
Net Worth1 question
Q328Net Worth
Which of the following is generally NOT included when calculating the "Net Worth" of a company as per the Companies Act, 2013?
APaid-up share capital.
BAll reserves created out of profits and securities premium account.
CDebit balance of profit and loss account and accumulated losses.
DMiscellaneous expenditure not written off.
📚Sec 2(57) Co. Act defines Net Worth. It includes PUSC, Reserves (profits & sec premium), less accum. losses, deferred exp & misc. exp. not w/off. So, (D) is deducted, not included as a positive.
Nidhi Auditors1 question
Q329Nidhi Auditors
In a Nidhi company that has appointed an audit firm for a term of five consecutive years, can the same audit firm be re-appointed for another term of five consecutive years immediately thereafter?
ANo, there must be a cooling-off period of 5 years for the audit firm.
BYes, a Nidhi company is permitted to reappoint an audit firm for a second consecutive term of five years.
COnly if the Nidhi company's net owned funds are below Rs. 10 crores.
DOnly with prior approval from the Regional Director.
📚Rule 17(8) Nidhi Rules: Auditor shall be apptd for term of 5 consecutive yrs. No audit firm shall be apptd for more than 2 terms of 5 consecutive yrs. So, one re-appt possible. 👉 MCQ Quiz @SPOMHelp
Nidhi Company11 questions
Q330Nidhi Company
What is the maximum loan amount a Nidhi company can provide to its members if its total deposits are less than ₹2 crores?
A₹1 lakh
B₹2 lakhs
C₹5 lakhs
D₹7.5 lakhs
📚Rule 15(1) Nidhi Rules, 2014: Loan limits based on deposits. If deposits < ₹2 Cr, max loan to a member is ₹2 Lakhs.
Q331Nidhi Company
X and Y jointly hold shares in a Nidhi company. In the application form, X's name appears first. However, in the company's register of members, Y's name appears first for the joint holding. To whom can the Nidhi company grant a loan against these shares?
ATo X, as his name was first on the application.
BTo Y, as his name appears first in the register of members.
CTo both X and Y jointly.
DTo neither, as loans against jointly held shares are restricted.
📚For joint shareholders, the person whose name stands first in register of members is usually deemed the member for voting, notices, loans etc. as per Nidhi Rules.
Q332Nidhi Company
What is the maximum amount of deposits a Nidhi company can accept in relation to its Net Owned Funds (NOF)?
AUp to 10 times its NOF.
BUp to 15 times its NOF.
CUp to 20 times its NOF.
DUp to 25 times its NOF.
📚Rule 14 Nidhi Rules, 2014: A Nidhi shall not accept deposits exceeding 20 times its Net Owned Funds (NOF) as per its last audited financial statements.
Q333Nidhi Company
Which of the following activities can a Nidhi company primarily undertake with its members as per the Nidhi Rules, 2014?
AOpen current accounts and provide overdraft facilities.
BEngage in hire-purchase financing for consumer durables.
COpen savings accounts and accept fixed/recurring deposits.
DInvest in the shares of other body corporates.
📚Nidhi Rules allow Nidhi cos. to accept deposits (savings, fixed, recurring) from & lend to members. Current accounts, buying securities of other body corporates are restricted.
Q334Nidhi Company
What is the mandatory cooling-off period for a director of a Nidhi company before they can be re-appointed as a director in the same Nidhi company after completing their term (e.g., ten consecutive years)?
A1 year
B2 years
C3 years
D5 years
📚Rule 17(4) Nidhi Rules, 2014: Director of Nidhi vacating office after 10 consecutive yrs shall be eligible for re-appt. only after expiry of 2 yrs of ceasing to be director.
Q335Nidhi Company
Can a private limited company become a member of a Nidhi company?
AYes, if its main objects are similar to that of the Nidhi company.
BYes, but only if it holds less than 10% of the Nidhi's share capital.
CNo, only individuals can be admitted as members of a Nidhi company.
DYes, with prior approval from the Registrar of Companies.
📚Rule 8(1) Nidhi Rules, 2014 states a Nidhi shall not admit a body corporate or trust as a member. Membership is typically restricted to individuals.
Q336Nidhi Company
What is the maximum rate of dividend that can generally be declared by a Nidhi company in any financial year as per the Nidhi Rules, 2014?
ANot exceeding 15%
BNot exceeding 20%
CNot exceeding 25%
DNot exceeding 30% or the rate prescribed by RBI, whichever is lower.
📚Rule 18 Nidhi Rules, 2014: Nidhi Co. shall not declare dividend exceeding 25% or such higher amount as approved by Reg. Dir. for reasons recorded in writing.
Q337Nidhi Company
A Nidhi company has Net Owned Funds (NOF) of Rs. 25 lakhs and has already accepted deposits amounting to Rs. 1.5 crores. What is the maximum amount of additional deposits it can accept as per Nidhi Rules?
ARs. 1 crore
BRs. 2.5 crores
CRs. 3.5 crores
DRs. 5 crores
📚Nidhi max deposits = 20 x NOF. NOF=Rs.25L. Max deposits = 20 x 25L = Rs.500L (Rs.5Cr). Accepted = Rs.1.5Cr. Additional allowed = Rs.5Cr - Rs.1.5Cr = Rs.3.5Cr.
Q338Nidhi Company
Which of the following businesses is a Nidhi company generally prohibited from transacting?
AAccepting fixed and recurring deposits from its members.
BProviding loans to its members against security of gold or immovable property.
COpening savings accounts for its members.
DCarrying on the business of chit fund or hire purchase finance.
📚Rule 6(d) Nidhi Rules, 2014 lists prohibited activities, which includes chit fund, hire purchase finance, leasing finance, insurance or acquisition of securities issued by any body corporate.
Q339Nidhi Company
What is the minimum percentage of its outstanding deposits that a Nidhi company must maintain as unencumbered term deposits with a scheduled commercial bank or post office?
A5% of outstanding deposits.
B10% of outstanding deposits.
C15% of outstanding deposits.
D20% of outstanding deposits.
📚Rule 15 Nidhi Rules, 2014: Every Nidhi shall invest & continue to keep invested, in unencumbered term deposits with scheduled commercial bank/post office, an amount not less than 10% of deposits outstanding at close of biz on last working day of 2nd preceding month.
Q340Nidhi Company
In a Nidhi company, a minor, Rudra, is proposed for membership, and a deposit of Rs. 1,00,000 is to be made in his name by his father, Mr. Kshitij, who is already a member. What is the correct legal position?
ARudra cannot become a member, nor can a deposit be accepted in his name.
BRudra can become a member, and the deposit can be accepted.
CThe deposit can be accepted in Rudra's name (operated by guardian), but Rudra (a minor) cannot be made a member.
DRudra can become a member only if the deposit amount is less than Rs. 50,000.
📚Rule 8(2) Nidhi Rules: Nidhi may accept deposits in name of minor if made by natural/legal guardian who is a member. However, minor themselves cannot be a member.
OPC1 question
Q341OPC
In the context of a One Person Company (OPC), what is a key eligibility criterion for an individual to be a member or a nominee for the sole member?
AMust be a Person Resident Outside India.
BMust be an Indian citizen and resident in India.
CCan be any individual, including a minor represented by a guardian.
DMust be a body corporate.
📚Rule 3, Co. (Incorp.) Rules: Only natural person, Indian citizen & resident in India, is eligible to be member/nominee of OPC. "Resident in India" means stayed =120 days in immed. preceding FY (prev. 182 days).
Officer In Default1 question
Q342Officer In Default
An "Officer who is in default" under the Companies Act, 2013, for any provision which enacts that an officer of the company who is in default shall be liable to any penalty or punishment, generally includes:
AOnly the Managing Director and Whole-Time Directors.
BAny director who is aware of the contravention and does not object.
COnly the Company Secretary if appointed.
DAny person under whose directions the Board is accustomed to act, or any director aware of contravention who doesn't object, or KMP.
📚Sec 2(60) Co. Act defines "officer who is in default", including WTD, KMP, person under whose directions Board acts, or any dir. aware of contravention who does not object or participates.
Oppression Mismanagement4 questions
Q343Oppression Mismanagement
A company has 1000 members. A group of 201 members holding 15% of the issued share capital files an application to the NCLT alleging oppression and mismanagement. Is their application maintainable based on these numbers?
ANo, they need at least 250 members.
BNo, their shareholding must be at least 20%.
CYes, as they meet both the minimum number of members and the shareholding criteria.
DYes, as they meet at least one of the alternative eligibility criteria.
📚Sec 244 Co. Act: Eligible if (≥100 members OR ≥1/10th total members, whichever is less) OR members holding ≥1/10th issued capital. 201 members > 100 (met). 15% shareholding > 10% (met). Meets criteria. 👉 MCQ Quiz @SPOMHelp
Q344Oppression Mismanagement
Is the act of writing off a significant amount of bad debts by the management, coupled with a consistent policy of not declaring dividends despite profits, necessarily considered an act of oppression against members?
AYes, both actions together always constitute oppression.
BOnly the non-payment of dividends is oppression.
COnly the writing off of bad debts if done negligently is oppression.
DNot necessarily; these actions require further evidence of being burdensome, harsh, or wrongful to be oppression.
📚Oppression (Sec 241) involves conduct burdensome, harsh or wrongful. Financial decisions like write-offs/dividend policy alone, if bona fide, may not be oppression unless part of larger oppressive conduct.
Q345Oppression Mismanagement
For a company not having a share capital, what is the minimum number of members required to make an application to the Tribunal for relief in cases of oppression or mismanagement under section 244?
AOne-tenth of the total number of its members.
BOne-fifth of the total number of its members.
CAny 50 members.
DAny 100 members.
📚Sec 244(1)(b) Co. Act: For co. not having share capital, appln. for O&M can be made by not less than 1/5th of total no. of its members.
Q346Oppression Mismanagement
For the purpose of applying to the NCLT for relief in cases of oppression or mismanagement under section 241, what is the eligibility criterion for members of a company not having a share capital?
AAny 50 members.
BOne-tenth of the total number of its members.
COne-fifth of the total number of its members.
DAny member who has been so for at least one year.
📚Sec 244(1)(b) Co. Act: For a co. not having a share capital, not less than one-fifth of the total number of its members can apply.
Partnership Limits1 question
Q347Partnership Limits
What is the maximum number of partners a firm or association of persons can generally have if it is carrying on a business for profit, beyond which it must be registered as a company under the Companies Act or formed under another special law?
A20 partners
B50 partners
C100 partners
DNo limit if it's a professional firm.
📚Rule 10, Co. (Misc.) Rules, 2014 (under Sec 464 Co. Act): No assoc./partnership consisting of >50 persons shall be formed for biz for gain, unless regd. as co. or formed under special Act. Limit can be up to 100 as prescribed. Currently 50.
Political Contributions2 questions
Q348Political Contributions
If a company makes a political contribution in contravention of section 182 of the Companies Act, 2013, what is the penalty imposable on the company itself?
ATwice the amount so contributed.
BThree times the amount so contributed.
CUp to five times the amount so contributed.
DA fixed penalty of ?1 crore.
📚Sec 182(3) Co. Act: If a co. makes political contribution in contravention, co. punishable with fine up to 5 times amount contributed. Officer in default also penalized.
Q349Political Contributions
What are the approved methods of payment if a company wishes to make a donation to a political party under section 182 of the Companies Act, 2013?
ACash, bearer cheque, or any electronic mode.
BOnly through an account payee cheque or account payee bank draft.
CThrough an account payee cheque, account payee bank draft, or use of electronic clearing system through a bank account, or through an electoral trust.
DAny method approved by the Board of Directors.
📚Sec 182(1) proviso Co. Act: Contributions to political parties shall be made only by an a/c payee cheque/draft or ECS through a bank a/c or through electoral trust.
Postal Ballot1 question
Q350Postal Ballot
Which of the following businesses must mandatorily be transacted only by means of postal ballot (including electronic voting) for a company that is required to comply with postal ballot rules?
AAppointment of a managing director whose appointment requires shareholder approval.
BDeclaration of interim dividend by the Board.
CAlteration of the Articles of Association for a private company.
DGiving loans or extending guarantees or providing security in excess of limits specified under section 186.
📚Rule 22 Co. (Mgt & Admin) Rules, 2014 lists items to be transacted via postal ballot. Giving loans/guarantees beyond Sec 186 limits is one such item (if Sec 186(3) applies).
Private Company1 question
Q351Private Company
What is the maximum number of members a private limited company (other than a One Person Company) can have?
A50 members
B100 members
C200 members
DNo limit for private companies.
📚Sec 2(68)(ii) Co. Act defines pvt. co. & restricts max no. of members to 200 (excluding present/past employee-members; joint holders treated as single member).
Producer Company1 question
Q352Producer Company
What is the maximum number of members that a producer company, as defined under the Companies Act, 2013 (referencing provisions of Companies Act, 1956 for producer companies), can have?
A50 members.
B200 members.
C500 members.
DThere is no specific upper limit on the number of members for a producer company.
📚Part IXA of Co. Act, 1956 (relating to Producer Companies, still applicable via Sec 465 of Co. Act 2013 for such companies): No explicit upper limit mentioned for number of members in a producer company. It's based on primary producers.
Proportional Representation2 questions
Q353Proportional Representation
If a company's Articles of Association provide for the appointment of directors by the principle of proportional representation, what is the minimum proportion of the total number of directors that must be so appointed, and for what typical maximum tenure can such an appointment be made at a time?
AOne-third of directors; for 1 year.
BOne-half of directors; for 2 years.
CNot less than two-thirds of directors; for 3 years.
DAll directors excluding independent directors; for 5 years.
📚Sec 163 Co. Act: AoA may provide for appt. of not less than 2/3rds of total dirs. by proportional rep. Such appts. may be made once in 3 yrs.
Q354Proportional Representation
If a company's Articles of Association allow for the appointment of directors by proportional representation using cumulative voting, is such a method of appointment valid under the Companies Act, 2013?
ANo, cumulative voting is not a recognized method for director appointments in India.
BYes, such a system is valid if provided for in the Articles for appointing not less than two-thirds of the directors.
COnly valid for private companies.
DOnly valid if approved by the Central Government.
📚Sec 163 Co. Act allows AoA to provide for appt. of not less than 2/3rds of total dirs. by proportional rep., which can include cumulative voting or single transferable vote.
Prospectus Liability1 question
Q355Prospectus Liability
If a company provides misleading information in its prospectus and an investor subscribes to securities based on it and suffers a loss, who among the following would generally NOT be liable for such misstatement?
AEvery director of the company at the time of issue of the prospectus.
BEvery promoter of the company.
CAn expert whose statement is included with their consent, only for their statement.
DA person whose name appears in the prospectus only as a member of the company.
📚Sec 34 & 35 Co. Act outline civil & criminal liability for misstatements in prospectus, typically covering dirs, promoters, persons authorising issue, & experts for their part. Mere members not liable.
ROC Filings2 questions
Q356ROC Filings
Which of the following resolutions, once passed by a company, generally requires filing with the Registrar of Companies (ROC) using Form MGT-14?
AA Board resolution for approving quarterly financial results.
BA resolution passed at a meeting of a committee of directors.
CAll special resolutions passed by the company.
DA resolution for the appointment of a non-executive director.
📚Sec 117 read with Sec 179(3) & Rules: Various resolutions must be filed with ROC. All special resolutions (SRs) are mandatorily filed in MGT-14 within 30 days.
Q357ROC Filings
Is a private company required to file Form MGT-14 with the ROC for a Board resolution passed for the acceptance of deposits from its members under section 73(2)?
ANo, MGT-14 is not required for private companies for any Board resolution.
BNo, only if the deposits exceed its net worth.
CYes, if the private company accepts deposits from members under section 73(2).
DYes, but only if the amount accepted is more than Rs. 1 crore.
📚Rule 8, Co. (Meetings of Board & its Powers) Rules refers to Sec 179(3)(c) - to borrow monies. Acceptance of deposits is a form of borrowing. suggests 'Yes'. 👉 MCQ Quiz @SPOMHelp
ROC Inquiry1 question
Q358ROC Inquiry
If the Registrar of Companies (ROC) issues a notice to a company and the information provided by the company is found to be inadequate or unsatisfactory, what action can the ROC take next?
AImmediately initiate striking off the company's name.
BImpose a penalty without further inquiry.
CCall upon the company to furnish further information or explanation in writing via another notice.
DRefer the matter directly to the SFIO for investigation.
📚Sec 206(3) Co. Act: If ROC finds info/explanation unsatisfactory after notice u/s 206(1), ROC may by another written notice call for further info/explanation.
ROC Inspection1 question
Q359ROC Inspection
Under section 206 of the Companies Act, if the Registrar of Companies (ROC) has called for information or explanation from a company and it is not furnished within the specified time, what further action can the ROC take?
AThe ROC must immediately refer the matter for SFIO investigation.
BThe ROC can only impose a monetary penalty for non-furnishing.
CThe ROC may, by another written notice, call on the company to produce such documents for inspection as the ROC may require.
DThe ROC must apply to the NCLT for an order compelling the company to furnish information.
📚Sec 206(3) Co. Act: If no info/explanation furnished, or if unsatisfactory, ROC may by another written notice call co. to furnish such info/explanation or produce docs for inspection.
ROC Investigation1 question
Q360ROC Investigation
If the Registrar of Companies (ROC) suspects fraudulent activities in a company after an initial inquiry (e.g., under section 206), and believes a more detailed investigation is required, to whom should the ROC typically refer the matter or seek authorization for such further investigation?
📚Sec 210(1)(a) indicates CG may order investigation based on ROC's report u/s 208. ROC does not directly order investigation but can report to CG.
ROC Strike Off3 questions
Q361ROC Strike Off
If the ROC sends a notice (Form STK-1) to a company and its directors of its intention to strike off the company's name, within what period must the company send its representations, if any?
AWithin 15 days from the date of the notice.
BWithin 30 days from the date of the notice.
CWithin 45 days from the date of the notice.
DWithin 60 days from the date of the notice.
📚Sec 248(1) & Rule 3, Co. (Removal of Names) Rules: ROC sends STK-1 notice asking for representations within 30 days from date of notice.
Q362ROC Strike Off
Before a company applies to the NCLT for the removal of its name from the Register of Companies (striking off), what is a key condition regarding its existing liabilities?
AAll liabilities must be converted into equity.
BLiabilities can exist but must be less than 50% of total assets.
CThe company must have extinguished all its liabilities.
DLiabilities related to employees must be settled; other liabilities can remain.
📚Sec 248(2) Co. Act: Co. can apply for strike-off after extinguishing all liabilities & passing SR or getting consent of 75% members (in terms of paid-up capital).
Q363ROC Strike Off
Under section 248 of the Companies Act, 2013, which of the following is a specific ground on which the Registrar of Companies (ROC) may remove the name of a company from the Register of Companies?
AThe company has made losses for three consecutive years.
BThe company has not commenced its business within one year of its incorporation.
CThe company has changed its registered office without ROC approval.
DThe company has less than the statutory minimum number of directors for 3 months.
📚Sec 248(1)(a) Co. Act: ROC may remove name of co. if it has failed to commence its business within 1 year of its incorporation.
Register Of Members1 question
Q364Register Of Members
What is the maximum aggregate period for which a company can close its Register of Members (or Register of Debenture-holders or other security holders) in any one year?
A30 days in aggregate.
B45 days in aggregate, with no single closure exceeding 30 days.
C60 days in aggregate, with no single closure exceeding 45 days.
D90 days in aggregate, with no single closure exceeding 30 days.
📚Sec 91(1) Co. Act: Co. may close register of members/debenture-holders/other security holders for max 45 days in any year, but not exceeding 30 days at any one time.
Registered Office Change1 question
Q365Registered Office Change
A public company wishes to change its registered office from one state (e.g., Maharashtra) to another state (e.g., Gujarat). Which of the following approvals is primarily required for this change, in addition to a special resolution by members?
AApproval from the Registrar of Companies of both states.
BConfirmation by the Regional Director.
CApproval from the High Court of the original state.
DNo other approval needed beyond the special resolution.
📚Sec 13(4) Co. Act & Co. (Incorp.) Rules: Alteration of MoA for change of Reg. Office from one state to another needs SR & confirmation by CG (power delegated to Regional Director).
Registered Valuer3 questions
Q366Registered Valuer
Can a person who is not a resident in India be eligible for registration as a Registered Valuer under the Companies Act, 2013?
AYes, if they pass the valuation examination conducted in India.
BYes, if they partner with an Indian resident who is a Registered Valuer.
CNo, only a person resident in India is eligible.
DYes, with special permission from the Insolvency and Bankruptcy Board of India (IBBI).
📚Rule 3(1)(a) of Co. (Reg. Valuers & Valuation) Rules, 2017, specifies that a person shall be eligible to be a RV if they are a person resident in India.
Q367Registered Valuer
When a Registered Valuer (RV) is appointed to conduct a valuation under the Companies Act, 2013, are they bound to make the valuation strictly as per the terms of the contract or engagement letter with the company?
AYes, the contract terms are paramount.
BYes, unless the valuation standards provide for a lower value.
CNo, the RV must conduct the valuation as per the prescribed valuation standards, irrespective of conflicting contract terms.
DNo, they must follow internationally accepted valuation principles only.
📚Sec 247(2)(d) & Rule 8 Co. (Reg. Valuers) Rules: RV shall make impartial, true & fair valuation & exercise due diligence while performing functions, adhering to Valuation Standards.
Q368Registered Valuer
The MD of a company wants to purchase a machine from Director A. The MD appoints Mr. B as a Registered Valuer (RV). Mr. A had purchased the same machine 48 months ago from a partnership firm in which Mr. B's spouse was a partner at that time. Is Mr. B's appointment as RV valid in this scenario?
AYes, as the spouse's partnership was 48 months prior.
BYes, if Mr. B declares this past association.
CNo, due to potential conflict of interest arising from the past association of his spouse with the seller of the asset being valued for a director.
DOnly if the machine's value is below Rs. 1 crore.
📚Rule 3(1)(k) & Rule 7(g) Co. (Reg. Valuers) Rules implies independence. RV should not have direct/indirect interest or conflict with assets being valued or with directors. Past association of spouse with seller can be a conflict.
Related Party Transaction1 question
Q369Related Party Transaction
A director's spouse is a partner in "Supplier Pvt. Ltd." Transactions between the director's company ("Buyer Ltd.") and "Supplier Pvt. Ltd." exceed 10% of Buyer Ltd.'s annual turnover. Is this a related party transaction (RPT) requiring specific approvals beyond just Board approval, assuming it's not in ordinary course of business and not at arm's length?
ANo, as Supplier Pvt. Ltd. is a private company.
BYes, but only Audit Committee approval is needed.
CYes, this would likely be a material RPT requiring Audit Committee, Board, and shareholder (ordinary resolution) approval.
DNo, if the director is not involved in negotiating the transaction.
📚Sec 2(76)(iv) & (viii) Co. Act can make Supplier Pvt. Ltd. a related party. Sec 188 & Rule 15 Co. (Meetings of Board) Rules outline approval for RPTs. Exceeding 10% turnover often needs OR.
Resolution By Circulation1 question
Q370Resolution By Circulation
Is a specific quorum of directors required for passing a resolution by circulation (RBC)?
AYes, the same quorum as required for a Board meeting.
BYes, at least two-thirds of the total strength of directors.
CNo, quorum is not applicable for RBC; approval by the required majority of directors entitled to vote is sufficient.
DNo, but the RBC must be ratified at the next Board meeting with quorum.
📚Sec 175 Co. Act implies RBC is passed if approved by majority of dirs. entitled to vote, who have received it. No "quorum" concept for circulation itself.
Rights Issue1 question
Q371Rights Issue
What is the primary purpose of a "Rights Issue" of shares by a company?
ATo offer shares to the general public for the first time.
BTo offer new shares to its existing shareholders in proportion to their current shareholding.
CTo issue shares to employees under an employee stock option scheme.
DTo issue shares to strategic investors or venture capital funds.
📚Rights issue (Sec 62(1)(a) Co. Act) is method by which co. offers new shares to existing equity shareholders in proportion to their holding, as a pre-emptive right.
SBO2 questions
Q372SBO
If a person is required to declare their significant beneficial ownership (SBO) in a company under section 90, to whom should they primarily make this declaration?
AThe Registrar of Companies (ROC) directly.
BThe Central Government (Ministry of Corporate Affairs).
CThe reporting company in which they hold the SBO.
DThe Securities and Exchange Board of India (SEBI).
📚Sec 90(1) Co. Act: Every individual who is an SBO in a reporting co. shall file a declaration in Form BEN-1 to the reporting company. Co. then files with ROC. 👉 MCQ Quiz @SPOMHelp
Q373SBO
Under the Companies Act, 2013, if a company has a "Significant Beneficial Owner" (SBO), what is the general threshold of indirect holding (along with direct holding, if any) in shares or voting rights that typically triggers SBO status for an individual?
AMore than 5%
BNot less than 10%
CNot less than 15%
DMore than 25%
📚Sec 90 & SBO Rules: SBO often determined by indirect/direct holding of not less than 10% of shares/voting rights/right to receive significant portion of distributable dividend/exercise significant influence or control.
SEBI1 question
Q374SEBI
What is the maximum penalty that SEBI can impose on an intermediary (like a stockbroker) if they fail to enter into an agreement with a client as required by SEBI regulations?
ARs. 1 lakh for each day during which such failure continues, or Rs. 1 crore, whichever is lower.
BA fixed penalty of Rs. 5 lakhs.
CRs. 10,000 for each day of failure.
DA warning and direction to enter into the agreement within 7 days.
📚Sec 15F(a) SEBI Act: Penalty for intermediary failing to enter into agreement with client shall not be less than Rs.1 Lakh but may extend to Rs.1 Lakh for each day during which failure continues, subject to max of Rs.1 Crore.
SEBI Act2 questions
Q375SEBI Act
By whom can the Chairperson of SEBI (Securities and Exchange Board of India) be removed from office, and what is the typical prior notice period or alternative?
ABy the Supreme Court, with 1-month notice.
BBy the Central Government, with 3 months' notice or 3 months' salary in lieu thereof.
CBy a majority vote of SEBI Board members, with 2 months' notice.
DBy the President of India, with 6 months' notice.
📚Sec 6(1) SEBI Act, 1992: CG shall have right to terminate services of Chairman or a member before expiry of term by giving not less than 3 months' notice or 3 months' salary & allowances in lieu.
Q376SEBI Act
What is the typical term of office for the Chairman and other members of SEBI (Securities and Exchange Board of India), and what is the maximum age for holding these positions?
A3 years term, up to age 62.
B5 years term, up to age 65.
C4 years term, up to age 60.
D6 years term, up to age 70.
📚Sec 5(1) SEBI Act: Chairman & members hold office for term not exceeding 5 yrs, eligible for reappt. Sec 5(2): Max age is 65 yrs.
SEBI Attachment4 questions
Q377SEBI Attachment
If SEBI attaches assets (e.g., bank accounts) of a person during an investigation, within what specified period must SEBI typically obtain confirmation of this attachment from a Special Court?
AWithin 30 days from attachment.
BWithin 60 days from attachment.
CWithin 90 days from attachment.
DWithin 180 days from attachment.
📚Sec 11(5) SEBI Act: If SEBI attaches assets, it needs to get confirmation from Special Court within 90 days, else attachment order ceases to have effect.
Q378SEBI Attachment
Under what circumstances can SEBI typically attach the bank accounts of a company?
AIf the company's share price falls below its face value for 30 consecutive days.
BFor failure to pay penalties imposed by SEBI or comply with its directions to refund money to investors.
CIf the company declares a dividend despite having inadequate profits.
DIf the company changes its statutory auditors without SEBI's prior approval.
📚Sec 11(5) & 28A SEBI Act: SEBI can attach bank accounts for recovery of penalties, or to protect investors if directions for refund/disgorgement are not complied with.
Q379SEBI Attachment
If SEBI passes an order for attachment of property or bank accounts, from which judicial body must SEBI typically obtain confirmation of such attachment?
AThe High Court of the respective state.
BThe Supreme Court of India.
CA Special Court constituted under the SEBI Act.
DThe National Company Law Tribunal (NCLT).
📚Sec 11(5) SEBI Act: If SEBI attaches assets, it needs to get confirmation from Special Court within 90 days, else attachment order ceases to have effect.
Q380SEBI Attachment
If SEBI attaches two bank accounts of a company that defaulted in paying a penalty, but one of these attached accounts was not involved in any fraudulent activity related to the penalty, is the attachment of the "clean" account generally considered valid by SEBI?
AYes, SEBI can attach any account of the defaulter.
BNo, SEBI should only attach accounts directly linked to the specific fraud or default leading to the penalty.
CYes, but only if the amount in the "fraudulent" account is insufficient to cover the penalty.
DAttachment is valid only if both accounts are current accounts.
📚While SEBI has broad powers, principles of fairness suggest attachment should focus on proceeds of wrongdoing or accounts clearly belonging to defaulter for recovery. (SEBI) implies this.
SEBI Audit Committee2 questions
Q381SEBI Audit Committee
If an Audit Committee (AC) of a listed entity reviews the financial statements of a material subsidiary, which particular aspect of the subsidiary's financials or operations should it pay special attention to?
AEmployee remuneration policies.
BMarketing and advertising expenditure.
CInvestments made by the subsidiary company.
DCompliance with environmental regulations.
📚Role of AC (Sec 177 Co Act, Reg 18 LODR) includes oversight of financial reporting. For subs, significant investments warrant scrutiny. (SEBI) highlights this.
Q382SEBI Audit Committee
For a "material subsidiary" of a listed entity, what is one of the key corporate governance requirements regarding the audit committee of the listed holding company?
AThe audit committee of the holding company must have at least one common director with the subsidiary's audit committee.
BThe audit committee of the listed entity shall review the financial statements, in particular, the investments made by the unlisted subsidiary company.
CAll members of the audit committee of the material subsidiary must be independent directors of the holding company.
DThe material subsidiary is not required to have its own audit committee if the holding company has one.
📚SEBI (LODR) Reg 18(3) & Sch II Part C: AC of listed entity shall review FS, esp. investments by unlisted sub. co. Reg 24 deals with other aspects of material subs.
SEBI Board Composition1 question
Q383SEBI Board Composition
A listed company has 1 chairperson (non-executive, not promoter), 2 executive directors, and 3 independent male directors. It falls under the top 2000 listed entities. What adjustment is needed to comply with SEBI (LODR) board composition norms, specifically concerning woman directors and independent directors?
AAppoint 1 woman executive director.
BAppoint 1 woman independent director; no more IDs needed if current 3 are qualified.
CAppoint 1 woman director (can be non-ID/exec); ensure at least 1/3rd of board are IDs if chairperson is regular non-exec.
DAppoint 1 woman director and ensure at least half the board are IDs.
📚Top 2000 listed entities need at least 1 woman director. If chairperson is non-exec & not promoter/related, at least 1/3rd IDs. 3 IDs on a 6-member board (1+2+3) is 1/2. Need woman ID for balance. (SEBI) suggests this structure.
SEBI Book Building2 questions
Q384SEBI Book Building
In a public issue of shares made through the book-building process, if it is a compulsory book-built issue (e.g., as per SEBI requirements), what is the minimum percentage of the net offer to public that must typically be allocated to Qualified Institutional Buyers (QIBs)?
ANot more than 35%
BNot less than 50%
CNot less than 60%
DNot less than 75%
📚SEBI (ICDR) Regs: For compulsory book-built issues, allocation to QIBs is often a significant portion, e.g., not less than 75% of net offer for certain IPOs. (SEBI) notes this.
Q385SEBI Book Building
In the context of a book-building process for an IPO, what does the "Price Band" refer to?
AThe range of commission payable to the book-running lead managers.
BThe range within which investors can bid for shares, with a floor price and a cap price.
CThe minimum and maximum number of shares an investor can apply for.
DThe period for which the issue will remain open for subscription.
📚Price band in book-built issue is range (floor & cap not exceeding 120% of floor) within which investors can bid. Final price discovered within/at cap.
SEBI Committee1 question
Q386SEBI Committee
What is the minimum number of members required for the Audit Committee of a listed entity as per SEBI (LODR) Regulations, and what is the minimum proportion of independent directors?
CMinimum 3 members; majority must be independent directors.
DMinimum 5 members; all must be independent directors.
📚SEBI (LODR) Reg 18(1): Min 3 dirs as members. At least 2/3rds shall be IDs. All financially literate, 1 with acctg/fin mgt expertise. 👉 MCQ Quiz @SPOMHelp
SEBI Committees2 questions
Q387SEBI Committees
As per SEBI (LODR) Regulations, what is the maximum number of committees of listed entities (across all listed entities in which the person is a director) that a director can be a member of, and what is the maximum number of such committees they can chair?
AMember of 7 committees; Chairperson of 3 committees.
BMember of 10 committees; Chairperson of 5 committees.
CMember of 12 committees; Chairperson of 7 committees.
DNo specific limit, depends on individual capacity.
📚SEBI (LODR) Reg 26(1): Dir. shall not be member in >10 committees OR act as chairperson of >5 committees across all listed entities in which he/she is a director. Audit & Stakeholders Relationship Committee considered.
Q388SEBI Committees
Under SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, what is the primary role of a "Stakeholders Relationship Committee" in a listed entity?
ATo approve related party transactions.
BTo recommend the appointment and remuneration of directors.
CTo consider and resolve the grievances of security holders of the listed entity.
DTo oversee the company's financial reporting process and internal controls.
📚SEBI (LODR) Reg 20 & Sch II Part D: SRC to specifically look into redressal of grievances of security holders, incl. complaints related to transfer/transmission of shares, non- receipt of annual report, non-receipt of declared dividends etc.
SEBI Compliance1 question
Q389SEBI Compliance
A listed company, PQR Ltd., needs to submit its quarterly compliance report on corporate governance directly to SEBI. According to the information in your PDF, by what date must this typically be submitted?
AWithin 7 days of the quarter end.
BWithin 15 days of the quarter end.
CWithin 21 days of the quarter end.
DWithin 45 days of the quarter end.
📚While LODR Reg 27 (Corp Gov report to SE) is 21 days, your (SEBI) specifically says "to SEBI" and "Within 15 days of the quarter end". I'm aligning with this specific data point.
SEBI Delisting2 questions
Q390SEBI Delisting
Under what circumstances can a listed company typically proceed with a voluntary delisting of its equity shares from all recognised stock exchanges where they are listed?
AIf its net worth turns negative for two consecutive years.
BIf it obtains approval from SEBI and complies with the delisting regulations, including an offer to remaining shareholders.
CIf its market capitalization falls below Rs. 10 crores.
DIf it merges with an unlisted company.
📚SEBI (Delisting of Equity Shares) Regulations lay down detailed procedure for voluntary delisting, incl. board & shareholder approval, exit opportunity to public shareholders, & SEBI approval.
Q391SEBI Delisting
Under the SEBI (Delisting of Equity Shares) Regulations, what is a key condition for a company to voluntarily delist its shares if it involves an exit opportunity to public shareholders through a reverse book-building process?
AThe offer price discovered must be acceptable to the majority of public shareholders who tender their shares.
BThe promoter's shareholding must reach at least 90% post the delisting offer.
CThe company must have been listed for at least 5 years.
DThe delisting proposal must be approved by the NCLT.
📚SEBI Delisting Regs: For successful voluntary delisting via RBB, acquirer's shareholding along with shares accepted must reach threshold (e.g., 90% of total capital) for delisting to proceed.
SEBI Dividend1 question
Q392SEBI Dividend
How much prior intimation must a listed company typically give to the stock exchange(s) about a Board meeting where a proposal for declaration of interim dividend is to be considered?
AAt least 2 working days in advance.
BAt least 5 calendar days in advance.
CAt least 7 working days in advance.
DNo prior intimation is required for interim dividend declaration.
📚SEBI (LODR) Reg 29(1)(e) requires prior intimation of at least 2 working days for BM considering dividend. This applies to interim dividend as well.
SEBI Documents1 question
Q393SEBI Documents
How many copies of the draft offer document are generally required to be filed with SEBI when a company makes a public issue of securities?
AOne physical copy and one electronic copy.
BThree physical copies.
CFive physical copies and one electronic copy.
DOnly an electronic copy through SEBI's portal.
📚SEBI (ICDR) Regs often specify no. of copies. Your (SEBI) states "3 copies". This can vary with specific circulars/portal requirements, but aligning with .
SEBI Enforcement3 questions
Q394SEBI Enforcement
SEBI has the power to impound and retain proceeds or securities in respect of any transaction that is under investigation for suspected insider trading or fraudulent practices. What is the typical maximum initial period for which such impounding can be done before needing confirmation or further orders?
AUp to 30 days.
BUp to 60 days.
CUp to 90 days.
DUp to 180 days.
📚Sec 11(4)(b) & 11B SEBI Act give powers. For impounding proceeds/securities related to violation, specific rules/orders may apply. (SEBI) indicates "upto 90 days" in context of certain SEBI actions.
Q395SEBI Enforcement
SEBI can take various actions against a person found guilty of insider trading. Which of the following is generally NOT an action SEBI would directly take as a primary measure, although it might be a consequence of other actions?
AImposing a monetary penalty.
BDirecting disgorgement of ill-gotten gains.
CIssuing an order to imprison the guilty person for a specified term.
DDebarring the person from accessing the securities market.
📚SEBI can impose monetary penalties, order disgorgement, debar from market, cancel registration etc. Imprisonment is result of criminal prosecution initiated by SEBI before a court.
Q396SEBI Enforcement
If SEBI takes action against a person for insider trading, which of the following is a common action SEBI is empowered to take directly, in addition to imposing monetary penalties?
AIssue an arrest warrant for the person.
BAttach the person's passport.
CDebar the person from accessing the securities market for a specified period.
DOrder the dissolution of the company whose shares were traded.
📚Sec 11(4) & 11B SEBI Act grant powers to SEBI like suspending trading, restraining access to market, prohibiting buy/sell, debarring persons, etc., for investor protection & market integrity.
SEBI Financial Results1 question
Q397SEBI Financial Results
According to information in your PDF, by what date must a listed company typically submit its quarterly unaudited financial results to the Stock Exchange?
AWithin 21 days of the quarter end.
BWithin 30 days of the quarter end.
CWithin 45 days of the quarter end.
DWithin 60 days of the quarter end.
📚SEBI (LODR) Reg 33(3)(a) generally requires submission of quarterly financial results within 45 days from end of quarter. Your (SEBI) notes this for submission to SE.
SEBI IPO11 questions
Q398SEBI IPO
For an Initial Public Offering (IPO), what is the minimum lock-in period typically applicable to 20% of the post-issue share capital held by promoters?
A6 months
B1 year
C18 months
D3 years
📚SEBI (ICDR) Regs: Promoter's min contribution of 20% of post-issue capital locked-in for 3 yrs. Excess holding locked-in for 1 yr.
Q399SEBI IPO
For promoters of a company making an Initial Public Offering (IPO), what is the typical lock- in period for their shareholding that is in excess of the minimum promoter's contribution (which itself is locked for 3 years)?
A6 months from the date of allotment.
B1 year from the date of allotment.
C18 months from the date of allotment.
D3 years from the date of allotment.
📚SEBI (ICDR) Regs: Promoter's shareholding in excess of min. 20% contribution shall be locked-in for 1 yr from date of allotment in IPO. 👉 MCQ Quiz @SPOMHelp
Q400SEBI IPO
What is the typical minimum and maximum number of working days for which an Initial Public Offering (IPO) must be kept open for subscription?
AMinimum 2 days, Maximum 7 days.
BMinimum 3 days, Maximum 10 days.
CMinimum 5 days, Maximum 15 days.
DMinimum 3 days, Maximum 5 days.
📚SEBI (ICDR) Regs: Public issue (IPO/FPO) shall be kept open for min 3 working days & max 10 working days.
Q401SEBI IPO
For a company to be eligible to make an Initial Public Offering (IPO) through the main board, what is a common requirement regarding its net tangible assets in each of the three preceding full years?
AAt least Rs. 1 crore, with at least 30% in monetary assets.
BAt least Rs. 3 crores, with at least 50% in monetary assets.
CAt least Rs. 5 crores, with at least 25% in monetary assets.
DAt least Rs. 10 crores, with no specific monetary asset condition.
📚SEBI (ICDR) Regs, Eligibility Route (Profitability): Net tangible assets of at least Rs. 3 Cr in each of preceding 3 full yrs, of which not more than 50% held in monetary assets.
Q402SEBI IPO
When a company makes an Initial Public Offering (IPO) and allocates shares to anchor investors, what is the general SEBI requirement regarding the price at which shares are offered to these anchor investors compared to the public issue price?
AAnchor investors must be offered a discount of at least 5% to the public issue price.
BThe price offered to anchor investors must be the same as the price offered to the public.
CAnchor investors can be offered shares at a premium not exceeding 10% of the public issue price.
DThe price for anchor investors is determined by a separate book-building process.
📚SEBI (ICDR) Regs state that allocation to anchor investors shall be on a discretionary basis & price shall be same as that offered to other applicants in public issue.
Q403SEBI IPO
What is the minimum application value (often referred to as minimum subscription amount payable per application) in an IPO as per SEBI (ICDR) Regulations for shares offered in the main board, in terms of price band?
ABetween Rs. 5,000 and Rs. 7,500.
BBetween Rs. 10,000 and Rs. 15,000.
CBetween Rs. 15,000 and Rs. 20,000.
DNot less than 25% of the issue price per share.
📚SEBI (ICDR) Regs, Sch XI, Part A(2)(IV): Min app size for public issues shall be in range of Rs.10k-15k. Your notes this. Q41 refers to "Not less than 25% of issue price" likely for application money percentage.
Q404SEBI IPO
If an issuer of securities wishes to revise the price band or issue price of an IPO, up to how many working days prior to the opening of the offer can such a revision typically be made?
AUp to 1 working day prior.
BUp to 3 working days prior.
CUp to 5 working days prior.
DUp to 7 working days prior.
📚SEBI (ICDR) Regs generally allow revision of price band/issue price any time up to 1 working day prior to issue opening, subject to specified conditions & disclosures. states 3 working days.
Q405SEBI IPO
In an Initial Public Offering (IPO), what is the primary purpose of a "Green Shoe Option" (overallotment option) if exercised by the company/underwriters?
ATo reduce the issue size if undersubscribed.
BTo stabilize the post-listing price of the shares.
CTo allow promoters to sell additional shares.
DTo offer a discount to retail investors.
📚Green Shoe Option allows underwriters to sell more shares than originally planned if demand is high, & then buy back if price falls, thus stabilizing post-listing price.
Q406SEBI IPO
A company is making an Initial Public Offering (IPO). If the company decides to adjust the issue price (within the price band or by revising the band) after it has been initially set, what is generally permissible regarding upward and downward adjustments?
AOnly upward revision is allowed.
BOnly downward revision is allowed.
CThe company can adjust the issue price both upward and downward, subject to SEBI regulations and timelines.
DNo adjustment is allowed once the price band is announced.
📚SEBI (ICDR) Regs allow for revision of price band, which can effectively mean upward or downward adjustment of potential issue price, subject to procedures.
Q407SEBI IPO
Can a company making an Initial Public Offering (IPO) proceed with the issue if it has outstanding Employee Stock Options (ESOPs) that have been granted but not yet exercised?
ANo, all outstanding ESOPs must be vested and exercised or cancelled before an IPO.
BYes, an IPO can be made even if ESOPs are outstanding, subject to disclosures and compliance with regulations.
COnly if the ESOPs were granted more than 3 years prior to the IPO filing.
DOnly if less than 5% of the company's capital is under ESOPs.
📚Companies can proceed with IPOs even with outstanding ESOPs. Proper disclosures & compliance with ESOP schemes & SEBI (Share Based Employee Benefits) Regs are needed.
Q408SEBI IPO
What is the primary purpose of an "Escrow Account" in the context of a public issue of securities (e.g., an IPO)?
ATo pay dividends to shareholders.
BTo hold the application money received from investors until allotment is finalized.
CTo pay underwriting commission and brokerage.
DTo fund the company's future expansion projects.
📚In public issues, application money is typically kept in a separate bank account (escrow account) with a scheduled bank until allotment is made, to safeguard investor funds.
SEBI Independent Directors1 question
Q409SEBI Independent Directors
If the chairperson of the board of directors of a top listed entity is a non-executive director but is related to promoters or is a promoter themselves, what proportion of the board should typically comprise Independent Directors?
AAt least one-third of the board.
BAt least one-half of the board.
CAt least two-thirds of the board.
DAll directors excluding the chairperson must be independent.
📚SEBI (LODR) Reg 17(1)(b): If regular non-exec Chairperson is promoter or related to promoter/person occupying mgt position at Board level or one level below, then =1/2 Board should be IDs.
SEBI Insider Trading6 questions
Q410SEBI Insider Trading
What is the typical monetary penalty range for insider trading under the SEBI Act, if found guilty?
AMin Rs. 1 lakh to Max Rs. 1 crore.
BMin Rs. 5 lakhs to Max Rs. 10 crores or twice the profit made.
CMin Rs. 10 lakhs to Max the higher of Rs. 25 crores or three times the profit made.
DA fixed penalty of Rs. 5 crores.
📚Sec 15G SEBI Act: Penalty for insider trading shall not be less than Rs.10 Lakhs but may extend to Rs.25 Crores OR 3 times profit made, whichever is higher.
Q411SEBI Insider Trading
For what minimum period must a company typically maintain disclosures related to insider trading made by its designated persons?
A1 year
B3 years
C5 years
D7 years
📚SEBI (PIT) Regs, Sch B Para 13 & Sch C Para 14: Co. shall maintain records of disclosures made under these schedules for min 5 yrs.
Q412SEBI Insider Trading
If a Key Managerial Personnel (KMP) of a listed company, or their immediate relative, trades in the company's securities while in possession of Unpublished Price Sensitive Information (UPSI), what is a typical implication after the UPSI becomes public, apart from penalties?
AThey must transfer any profit made to the IEPF.
BThey are barred from trading in any listed security for 1 year.
CThere is often a cooling-off period or restriction before they can trade in the company's securities again, even after UPSI is public.
DTheir employment contract is automatically terminated.
📚Insider trading rules often imply periods where trading is restricted even after UPSI is public for KMPs/insiders to avoid perceived unfair advantage. This is beyond just penalty.
Q413SEBI Insider Trading
Under SEBI (Prohibition of Insider Trading) Regulations, what is the typical trading window closure period before the declaration of financial results?
AFrom the end of every quarter until 24 hours after declaration of results.
BFrom the end of every quarter until 48 hours after declaration of results.
C7 days prior to Board meeting for results until 48 hours after declaration.
D15 days prior to Board meeting for results until 24 hours after declaration.
📚SEBI (PIT) Regs, Clause 4 of Sch B: Trading window shall be closed from end of every quarter till 48 hrs after declaration of financial results. 👉 MCQ Quiz @SPOMHelp
Q414SEBI Insider Trading
Which of the following actions would generally NOT amount to insider trading under SEBI (Prohibition of Insider Trading) Regulations, 2015?
ATrading by a designated person during a trading window closure period.
BCommunicating UPSI to a person for legitimate purposes in performance of duties.
CTrading by an insider based on UPSI not yet public.
DA KMP trading immediately after UPSI becomes generally available but before a cooling-off period, if any, expires.
📚Reg 3 & 4 SEBI (PIT) Regs: Communicating/procuring UPSI for legitimate purpose, performance of duties, or legal obligations is an exception to general prohibition.
Q415SEBI Insider Trading
A Chartered Accountant, while auditing DEF Ltd., learns of significant Unpublished Price Sensitive Information (UPSI) and subsequently communicates this information to a friend before it is made public. What does this action primarily constitute under SEBI regulations?
AA breach of professional ethics only.
BMarket manipulation.
CInsider trading.
DA failure to exercise due diligence.
📚Communicating UPSI to any person except for legitimate purpose, performance of duties or legal obligations, is a violation under SEBI (PIT) Regulations, 2015.
SEBI Investigation5 questions
Q416SEBI Investigation
If SEBI is conducting an investigation and seizes books of account or other documents, for what maximum initial period can such books generally be kept in custody?
A3 months
B6 months
C12 months
DUntil the investigation is complete.
📚Sec 11C(6) SEBI Act: Books/registers/docs seized by investigating authority may be kept in custody for max period not later than conclusion of investigation. Your (SEBI) mentions 6 months specifically for custody of books.
Q417SEBI Investigation
If an investigating officer under the SEBI Act takes notes of an examination of a person, what is a key procedural requirement regarding these notes for them to be potentially used in evidence against that person?
AThe notes must be attested by two independent witnesses.
BThe notes must be taken down in writing, read over to or by the person examined, and signed by them.
CThe notes must be video recorded along with the person's statement.
DThe notes must be countersigned by a SEBI Board Member.
📚Sec 11C(5) SEBI Act: Notes of any examination u/s 11C(3) shall be taken down in writing & shall be read over to, or by, & signed by person examined, & may thereafter be used in evidence against him.
Q418SEBI Investigation
If SEBI is conducting an investigation, and an officer impounds books and papers, what is a key responsibility of the person from whose custody such items were impounded regarding providing assistance?
ATo provide assistance only if a court order mandates it.
BTo provide assistance only for understanding handwritten notes.
CThey have no obligation to provide any assistance after impounding.
DTo allow the officer to take notes and provide explanation relating to the impounded items.
📚Sec 11C(4) SEBI Act implies that persons whose books are impounded are still obliged to provide explanations/information concerning them to the investigating authority.
Q419SEBI Investigation
Who can authorize an investigating authority under the SEBI Act, 1992, to impound and retain books, registers, and other documents produced during an investigation, if deemed necessary?
AThe Chief Vigilance Officer of SEBI.
BThe concerned Stock Exchange where the company is listed.
CA Magistrate of the first class or a Judge of a designated Special Court upon application by the investigating authority.
DThe Chairman of SEBI directly.
📚Sec 11C(4) SEBI Act: Investigating Authority may apply to Magistrate/Judge of designated court for order for seizure of books/registers etc. if reason to believe they may be destroyed/altered. Impounding often follows this. suggests this.
Q420SEBI Investigation
During an investigation by SEBI, if the investigating authority has reasonable grounds to believe that books, registers, or other documents may be destroyed, mutilated, altered, falsified or secreted, who can typically authorize the seizure of such items?
AAny SEBI Board Member.
BThe Chairman of SEBI.
CA Magistrate or Judge of a designated court, upon application by the investigating authority.
DThe investigating authority themselves, by recording reasons in writing.
📚Sec 11C(4) SEBI Act: Investigating authority can apply to Magistrate or Judge of designated court for order of seizure of books, registers, etc. if there's reason to believe they may be destroyed etc.
SEBI LODR10 questions
Q421SEBI LODR
For which of the following companies is maintaining a minimum public shareholding (MPS) of at least 25% generally a mandatory continuous listing requirement?
AAll private limited companies.
BAll unlisted public companies with paid-up capital above Rs. 10 crores.
CAll listed public companies (subject to certain exceptions and timelines).
DOnly Government companies listed on stock exchanges.
📚SEBI (LODR) Regs & SCRA Rules mandate listed cos. to maintain MPS (usually 25%). Specific timelines & exceptions apply for new listings or certain categories.
Q422SEBI LODR
If a listed company makes any changes to its annual report after it has been approved by the Board but before the AGM, within what time limit must these changes typically be intimated to the Stock Exchange(s)?
AWithin 24 hours of the change.
BWithin 48 hours of the Annual General Meeting.
CAt least 7 days before the Annual General Meeting.
DSimultaneously with the dispatch of the revised annual report to shareholders.
📚SEBI (LODR) Reg 30 Sch III Part A Para A(16)(g) indicates changes to annual report intimated post circulation but before AGM. (SEBI) specifically states "48 hours of AGM".
Q423SEBI LODR
If a listed company's Board of Directors proposes an alteration of the rights of its existing shareholders, how many days prior notice of the Board meeting must generally be given to the Stock Exchange(s)?
AAt least 2 working days.
BAt least 5 calendar days.
CAt least 7 working days.
DAt least 11 calendar days.
📚SEBI (LODR) Reg 29(1)(e): Prior intimation to SE of at least 11 days before BM where proposal for alteration of rights of shareholders is to be considered.
Q424SEBI LODR
What is the typical due date for a listed entity to submit its Corporate Governance report to the Stock Exchange(s) for each quarter?
AWithin 7 days from the end of the quarter.
BWithin 15 days from the end of the quarter.
CWithin 21 days from the end of the quarter.
DWithin 45 days from the end of the quarter.
📚SEBI (LODR) Reg 27(2)(a): Listed entity shall submit quarterly compliance report on corp. governance to stock exchange(s) within 21 days from end of each quarter.
Q425SEBI LODR
In the context of SEBI (LODR) Regulations, if a person is a director (but not an Independent Director) of a listed company, are they considered "related to the promoter" for the purpose of determining board composition requirements (e.g., number of IDs)?
ANo, only blood relatives of promoters are considered related.
BYes, any non-ID director can be considered as related to promoter or part of promoter group for these specific board composition rules.
COnly if the director holds more than 2% shares of the company.
DOnly if the director was nominated by the promoter.
📚For LODR board composition, "related to promoter" can include persons who are part of promoter group or directors connected to them, not just strict relatives. (SEBI) lists "Director (Not ID), Employee, Nominees".
Q426SEBI LODR
Under the SEBI (LODR) Regulations, which committee of the Board of a listed entity is primarily responsible for formulating a policy on materiality of related party transactions and for dealing with conflicts of interest?
AAudit Committee.
BNomination and Remuneration Committee.
CStakeholders Relationship Committee.
DRisk Management Committee.
📚SEBI (LODR) Reg 23 & Sch II: Audit Committee is responsible for formulating policy on materiality of RPTs, reviewing RPTs, ensuring no conflict of interest etc. 👉 MCQ Quiz @SPOMHelp
Q427SEBI LODR
Under SEBI (LODR) Regulations, what is the typical cooling-off period after which a former non-executive director of a listed entity can be appointed as an independent director in the same company, assuming they meet other independence criteria?
ANo cooling-off period is required.
BA cooling-off period of one year.
CA cooling-off period of two years.
DA cooling-off period of three years.
📚While specific rules for non-exec to ID transition need exact LODR reference for cooling-off after being a non-exec, general principles of independence (Sch IV Co. Act, LODR) aim to avoid recent associations. A 3-yr period is common for other ID cooling-off scenarios.
Q428SEBI LODR
Under SEBI (LODR) Regulations, what is the typical timeframe within which a listed entity must intimate the stock exchange(s) of any attachment or prohibitory orders restraining the entity from transferring securities?
AWithin 12 hours.
BWithin 24 hours from the occurrence of the event.
CWithin 48 hours.
DWithin 7 days.
📚SEBI (LODR) Reg 30 read with Sch III Part A Para A: Disclosure of events. Attachment/prohibitory orders are material & usually need disclosure within 24 hrs from occurrence.
Q429SEBI LODR
When a listed company provides a statement to the Stock Exchange regarding investor grievances for a quarter, what details should it ideally include beyond just the number of complaints unresolved at the end of the quarter?
AOnly the names of investors whose complaints are unresolved.
BA summary of major complaints and the average resolution time.
CDetails like complaints pending at start, received, disposed of during quarter, and pending at end of quarter.
DA declaration that all complaints will be resolved within the next quarter.
📚SEBI (LODR) Reg 13(3) requires statement on investor complaints to detail pending at start, received, disposed, and unresolved at end of quarter for comprehensive tracking.
Q430SEBI LODR
Under SEBI (LODR) Regulations, what is the minimum frequency for Board meetings of a listed entity?
AAt least one meeting every calendar quarter, with a maximum gap of 120 days between any two meetings.
BAt least two meetings in a financial year.
CAt least one meeting every six months.
DAs frequently as deemed necessary by the Chairperson.
📚SEBI (LODR) Reg 17(2): Board shall meet at least 4 times a year, with max time gap of 120 days between any two meetings.
SEBI Monitoring2 questions
Q431SEBI Monitoring
When is an issuer company required to arrange for a Credit Rating Agency (CRA) to monitor the utilisation of proceeds from a public issue or rights issue (excluding issues by banks/PFIs)?
AIf the issue size exceeds Rs. 50 crores.
BIf the issue size exceeds Rs. 100 crores.
CIf the issue size exceeds Rs. 250 crores.
DMonitoring by a CRA is always optional.
📚SEBI (ICDR) Regs often require monitoring of issue proceeds by CRAs if issue size > Rs. 100 Cr (for issues other than equity shares).
Q432SEBI Monitoring
When is a company issuing specified securities (e.g., in a public issue or rights issue) typically required to appoint a Credit Rating Agency (CRA) as a monitoring agency for the issue proceeds?
AAlways for any public or rights issue.
BOnly if the issue is a debt issue.
CAt the time of a public issue or rights issue if the issue size exceeds a prescribed threshold (e.g., Rs. 100 crores).
DOnly if the company has a below-average credit rating itself.
📚SEBI (ICDR) Regs (e.g., Reg 8(4)) require monitoring of proceeds by CRAs for issues > Rs.100 Cr. (SEBI) indicates "at time of Public Issue or Rights Issue".
SEBI O F S1 question
Q433SEBI O F S
In the context of a public issue of shares, what does an "Offer for Sale" (OFS) by existing shareholders (e.g., promoters) primarily entail?
AThe company issues new shares to the public to raise capital.
BExisting shareholders sell a part of their shareholding to the public through an offer document.
CThe company buys back its own shares from the public.
DThe company allots shares to its employees under an ESOP scheme.
📚Offer for Sale (OFS) is a mechanism where existing shareholders (promoters, large investors) sell their shares to public. Co. itself does not receive proceeds from OFS.
SEBI Penalties4 questions
Q434SEBI Penalties
If a stockbroker is found to have charged brokerage in excess of what is specified by SEBI regulations, what is the typical monetary penalty?
ARs. 10,000 per instance.
BMinimum Rs. 1 lakh, up to the higher of Rs. 1 crore or three times the excess brokerage.
CMinimum Rs. 1 lakh, up to five times the amount of brokerage charged in excess.
DA fixed penalty of Rs. 5 lakhs.
📚Sec 15F(b) SEBI Act: Penalty for stock broker charging excess brokerage shall be not less than Rs.1 Lakh but may extend to 5 times the amount of brokerage charged in excess.
Q435SEBI Penalties
If an Investment Analyst or Research Analyst fails to comply with SEBI regulations (e.g., Section 15EB provisions), what is the typical monetary penalty range?
ARs. 10,000 to Rs. 1 lakh.
BRs. 50,000 to Rs. 5 lakhs, plus Rs. 10,000/day for continuing failure.
CMinimum Rs. 1 lakh, up to Rs. 1 crore, and Rs. 1 lakh/day for continuing failure up to Rs. 1 crore.
DA fixed penalty of Rs. 10 lakhs.
📚Sec 15EB SEBI Act: Penalty for investment/research analyst for non-compliance shall be not less than Rs.1 Lakh but may extend to Rs.1 Cr & further Rs.1 Lakh/day during failure, up to Rs.1 Cr.
Q436SEBI Penalties
What is the typical monetary penalty range if a person is found guilty of indulging in unfair trade practices in the securities market under the SEBI Act?
AMin Rs. 1 lakh to Max Rs. 1 crore or three times the profit made.
BMin Rs. 5 lakhs to Max the higher of Rs. 25 crores or three times the profit made.
CMin Rs. 10 lakhs to Max Rs. 10 crores.
DA fixed penalty of Rs. 1 crore.
📚Sec 15HA SEBI Act: Penalty for fraudulent & unfair trade practices shall not be less than Rs.5 Lakhs but may extend to Rs.25 Crores OR 3 times profit made, whichever is higher.
Q437SEBI Penalties
If a penalty was imposed on a person for insider trading before their death, are their legal representatives liable to pay that penalty from the deceased's estate?
ANo, penalty liability extinguishes upon death.
BYes, legal representatives are always fully liable for such penalties.
CYes, but only if the penalty had been quantified and imposed before the death of the accused person.
DOnly if the legal representatives were also found to be involved in the insider trading.
📚General legal principle & often in specific statutes: If penalty determined & imposed before death, it becomes a liability of the estate. If not, action may abate. (SEBI) supports this.
SEBI Recovery3 questions
Q438SEBI Recovery
A deceased person had transferred a Fixed Deposit to their married son, a car to their son's wife, and an immovable property to their sister before passing away. If SEBI needs to recover a penalty imposed on the deceased person, from which of these assets can recovery generally be made if the transfers were not for adequate consideration?
AOnly from the Fixed Deposit transferred to the son.
BFrom the FD with son, car with son's wife, but not property with sister (as sister is not typically an immediate heir liable for deemed gifts).
CFrom all three assets if transfers were intended to evade penalty.
DRecovery can be made from assets transferred to spouse, minor child, son's wife, son's child without adequate consideration. Assets with major child/sister may be excluded if not part of this.
📚Sec 28A(4) SEBI Act (read with IT Act provisions for recovery): Assets transferred to spouse, minor child, son's wife, son's minor child without adequate consideration are liable. Transfers to sister/major child for adequate consideration are generally safe.
Q439SEBI Recovery
Which Act's provisions are primarily made applicable for the recovery of amounts due to SEBI (e.g., penalties) by attaching and selling movable/immovable property, bank accounts, etc., under section 28A of the SEBI Act?
AThe Civil Procedure Code, 1908.
BThe Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
CThe Income-tax Act, 1961 (specifically, the Second Schedule provisions for recovery of tax).
DThe Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002.
📚Sec 28A(2) SEBI Act states that provisions of Second & Third Schedules to Income- tax Act, 1961, & IT (Certificate Proceedings) Rules, 1962, shall apply for recovery.
Q440SEBI Recovery
If SEBI needs to recover claims (e.g., penalties) by means of attachment and sale of property, through whom does SEBI typically appoint a Recovery Officer to effect such recovery?
AA senior officer of SEBI itself.
BAn officer of the Central Government not below the rank of Under Secretary.
CAn officer of the Board (SEBI) empowered by a general or special order.
DA designated officer from the Income Tax Department.
📚Sec 28A(3) SEBI Act: Board may, by general/special order, authorise any of its officers (Recovery Officer) to take action for recovery of amounts. 👉 MCQ Quiz @SPOMHelp
SEBI Reports2 questions
Q441SEBI Reports
A lead manager to a public issue is required to submit a post-issue report to SEBI. In which part of which schedule is the format for this report typically given, and within how many days of allotment (or refund) must the Due Diligence (DD) certificate be submitted?
AReport in Part B of Sch XVI; DD cert in 10 days.
BReport in Part A of Sch XVII; DD cert (Form F) in 7 days.
CReport in Part C of Sch XVIII; DD cert in 15 days.
DReport in Part A of Sch XV; DD cert in 5 days.
📚SEBI (ICDR) Regs & Sch XVII deal with post-issue reports. Due Diligence cert. (Form F) often submitted within 7 days of finalization of allotment basis or refund.
Q442SEBI Reports
What is the typical time limit within which lead managers must submit a final post-issue report (e.g., balance report after initial 7-day report) to SEBI after an issue?
AWithin 15 days of allotment or refund.
BWithin 30 days of listing of securities.
CThis refers to the 7-day report for basis of allotment / refund. A comprehensive final report may have different timelines or be part of ongoing compliance.
DWithin 7 days of the date of finalization of basis of allotment or refund of money, whichever is later.
📚SEBI (ICDR) Regs & Sch XVII often require initial reports within 7 days of finalization of basis of allotment/refund. (SEBI) specifies this for "bal post-issue report".
SEBI Risk Management1 question
Q443SEBI Risk Management
Under the SEBI (LODR) Regulations, what is the primary objective of forming a "Risk Management Committee" by certain listed entities?
ATo approve all financial transactions of the company.
BTo oversee the company's corporate social responsibility initiatives.
CTo assist the Board in overseeing and approving the company's risk management policy and framework.
DTo conduct internal audit of all departments.
📚SEBI (LODR) Reg 21: Top listed entities to constitute RMC. Role includes framing, implementing & monitoring risk mgt plan & policy.
SEBI Search Seizure1 question
Q444SEBI Search Seizure
For searches and seizures conducted by an investigating authority under the SEBI Act, 1992, the provisions of which other major procedural law are generally made applicable?
AThe Indian Evidence Act, 1872.
BThe Civil Procedure Code, 1908.
CThe Code of Criminal Procedure, 1973.
DThe Indian Penal Code, 1860.
📚Sec 11C(8) SEBI Act states that provisions of Code of Criminal Procedure, 1973, relating to searches & seizures shall apply, so far as may be, to searches & seizures under this section.
SEBI Takeover Code1 question
Q445SEBI Takeover Code
Under the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011, acquiring what percentage of voting rights in a listed target company by an acquirer (along with PACs) would typically trigger a mandatory open offer to public shareholders?
A10% or more
B15% or more
C20% or more
D25% or more
📚SEBI (SAST) Regs, Reg 3(1): No acquirer shall acquire shares/voting rights which, taken with existing holding, entitle them to exercise =25% voting rights unless acquirer makes public announcement of open offer.
SEBI Trading Disclosures1 question
Q446SEBI Trading Disclosures
Within how many trading days must a company typically notify the Stock Exchange(s) about particulars of trading in its securities by its Promoters, members of the promoter group, or Directors, after becoming aware of such information or receiving disclosure?
AWithin 1 trading day.
BWithin 2 trading days.
CWithin 3 trading days.
DWithin 5 trading days.
📚SEBI (PIT) Regs, Reg 7(2) read with system driven disclosures: Dirs/promoters to disclose trades. Co. to notify SE within 2 trading days of receipt of disclosure or becoming aware.
SEZ Company1 question
Q447SEZ Company
A company incorporated in a Special Economic Zone (SEZ) wishes to appoint Mr. Jack, a non-resident, as its Managing Director. Is the usual condition requiring an MD to be resident in India applicable to this SEZ company?
AYes, the residency requirement applies to all Indian companies, including SEZ units.
BNo, companies in SEZs are completely exempt from all managerial remuneration and appointment guidelines.
CNo, the condition of being resident in India is generally not applicable for appointing an MD of a company in an SEZ.
DYes, but Mr. Jack can seek exemption from the Ministry of Commerce.
📚Schedule V, Part I, Section I of Co. Act: Condition of residency in India for appt. of MD/WTD/Mgr shall not apply to cos. in SEZs notified by Dept. of Commerce.
SFIO3 questions
Q448SFIO
If the Serious Fraud Investigation Office (SFIO) has reason to believe (recorded in writing) that a person has been guilty of an offence punishable under sections referred in section 212(6) of the Companies Act, 2013, can an officer of SFIO arrest such person without a warrant?
ANo, SFIO always requires a warrant from a Magistrate.
BYes, but only if the person is a director or key managerial personnel.
CYes, if the SFIO officer is not below the rank of Assistant Director and is authorized by the Central Government.
DOnly if the person is caught in the act of committing the fraud.
📚Sec 212(8) Co. Act: If SFIO officer (not below rank of Asst. Dir., authorized by CG) has reason to believe (recorded in writing) person is guilty of specified offence, he may arrest such person.
Q449SFIO
Which of the following is a specified ground upon which the Central Government (CG) may order an investigation into the affairs of a company by the Serious Fraud Investigation Office (SFIO)?
AA request from a single director alleging minor financial irregularities.
BOn intimation of an ordinary resolution passed by the company requesting such an investigation.
CIn the public interest, based on CG's own assessment.
DIf the company has defaulted in repaying bank loans for more than one year.
📚Sec 212(1) Co. Act lists grounds: Registrar's report (u/s 208), Co.'s Special Resolution, Public Interest, or request from CG/SG dept.
Q450SFIO
In which of the following situations might the Central Government choose NOT to order an SFIO investigation into a company, even if requested?
AWhen the Registrar submits a report indicating serious fraud.
BWhen the company passes a special resolution requesting an SFIO investigation.
CWhen a department of the State Government requests an SFIO investigation.
DWhen the company's Board of Directors passes a resolution requesting an SFIO investigation.
📚Sec 212 Co. Act: CG may order SFIO investigation on grounds like Registrar report, Co's SR, public interest, CG/SG dept request. A simple Board resolution is not a specified trigger for mandatory CG action for SFIO.
SFIO Bail2 questions
Q451SFIO Bail
When considering bail for an offence punishable under section 447 of the Companies Act, 2013 (punishment for fraud), if investigated by SFIO, what are the key conditions under section 212(6) that the Special Court must be satisfied with, in addition to giving the Public Prosecutor an opportunity to oppose the bail?
AThe accused is a first-time offender and the amount involved is less than Rs. 1 crore.
BThere are reasonable grounds for believing the accused is not guilty and is not likely to commit any offence while on bail.
CThe accused has already been in custody for more than one year.
DThe accused provides a substantial security deposit and surrenders their passport.
📚Sec 212(6) Co. Act: For SFIO investigated offences u/s 447, bail not granted unless PP given opportunity to oppose AND Court satisfied reasonable grounds exist that accused not guilty & not likely to commit offence on bail.
Q452SFIO Bail
In cases investigated by the Serious Fraud Investigation Office (SFIO) for offences such as those under section 447 of the Companies Act, 2013, who primarily grants bail to the accused?
AThe investigating officer of SFIO.
BThe Central Government (Ministry of Corporate Affairs).
CThe Special Court constituted for such offences.
DThe High Court of the respective state.
📚Sec 212(6) & (7) Co. Act: Bail conditions for SFIO investigated offences (like u/s 447) are stringent & bail is considered by Special Court designated for such cases.
Search Seizure1 question
Q453Search Seizure
If an inspector, during an investigation, needs to enter any place and seize books and papers which they believe might be destroyed or tampered with, whose prior permission must they generally obtain?
AThe Board of Directors of the company under investigation.
BThe Registrar of Companies (ROC).
CA Special Court (or Magistrate of First Class if Special Court not designated).
DThe Central Government directly.
📚Sec 220(2) Co. Act: For seizure, inspector needs order from Special Court or Magistrate (if SC not designated) after applying, if reason to believe docs may be destroyed/mutilated etc. 👉 MCQ Quiz @SPOMHelp
Secretarial Audit1 question
Q454Secretarial Audit
To whom is the Secretarial Audit Report, prepared by a Company Secretary in Practice, primarily addressed?
AThe Registrar of Companies (ROC).
BThe Central Government (Ministry of Corporate Affairs).
CThe Board of Directors of the company.
DThe shareholders of the company, via the Audit Committee.
📚Form MR-3 (Secretarial Audit Report) is addressed to the Members, but is provided to the Board first. The Board then attaches it to their Board's Report, which goes to members. The direct addressee of the report itself by PCS is often the Board.
Securities Law1 question
Q455Securities Law
Which of the following is generally NOT considered a "derivative" instrument under securities laws?
AFutures contracts
BOptions contracts
CForward contracts
DEquity shares issued directly by a company
📚Derivatives derive value from underlying assets (shares, commodities etc.). Equity shares are primary securities representing ownership, not derivatives themselves. Futures, options, forwards are common derivatives.
Share Capital Reduction1 question
Q456Share Capital Reduction
If a company wants to reduce its share capital, which of the following is a key requirement in addition to passing a special resolution?
AApproval from its debenture holders.
BConfirmation by the National Company Law Tribunal (NCLT).
CConsent from the Registrar of Companies (ROC).
DApproval from the Central Government.
📚Sec 66(1) Co. Act: Reduction of share capital requires SR & subject to confirmation by Tribunal on application by co. ROC is informed later.
Share Transfer1 question
Q457Share Transfer
If a company refuses to register a transfer of shares, within what period from the date on which the instrument of transfer was delivered to the company must it send a notice of refusal to the transferor and the transferee?
AWithin 15 days.
BWithin 30 days.
CWithin 45 days.
DWithin 60 days.
📚Sec 56(4)(c) Co. Act: Every co. shall, unless prohibited by law/court order, deliver certificates of all shares transferred within 1 month from date of receipt of instrument of transfer. If refusal, notice must be sent as per sub-sec (4). Rule 19(4) Co. (Share Cap & Debentures) Rules refers to board approval and then dispatch. However Sec 58(4) gives 30 days (pvt co) / 60 days (public co) for appeal if refusal. Actual refusal notice period is often tied to board meeting cycles or specific timeframes for dispatch like the 30 days.
Shareholder Rights1 question
Q458Shareholder Rights
A company has issued Class A and Class B equity shares. It now proposes to vary the rights attached to Class A shares in a manner that also affects the rights of Class B shareholders. What specific approval, beyond any board or general company approval, is required from the Class B shareholders for this variation to be effective, assuming the Articles are silent on a higher percentage?
AConsent in writing from holders of not less than half of the issued shares of Class B.
BA special resolution passed at a separate meeting of the Class B shareholders.
CAn ordinary resolution passed at a separate meeting of the Class B shareholders.
DNo separate approval is needed from Class B if Class A shareholders approve by special resolution.
📚Sec 48(1) Co. Act: Rights of a class of shares may be varied with consent in writing of holders of =3/4th issued shares of that class OR by SR passed at separate meeting of holders of issued shares of that class.
Small Company2 questions
Q459Small Company
Which of the following conditions, if met by a private company in the immediately preceding financial year, would prevent it from being classified as a "Small Company" under the Companies Act, 2013, even if its paid-up capital is below the prescribed threshold?
AIts turnover is exactly ₹30 crores.
BIt is a subsidiary of a public company.
CIt has borrowings from banks not exceeding ₹1 crore.
DIt has not defaulted in filing its annual returns.
📚Sec 2(85) Co. Act: "Small co." definition excludes a holding co. or a subsidiary co. If it's a sub of a public co., it can't be a small co., irrespective of capital/turnover.
Q460Small Company
A private company has a paid-up share capital of Rs. 1.5 crores and a turnover of Rs. 15 crores as per its last profit and loss account. Is it classified as a "Small Company" if it is not a holding or subsidiary of another company and not a Section 8 company or a company governed by any special Act?
AYes, because its paid-up capital is below Rs. 4 crores and turnover below Rs. 40 crores.
BNo, because its paid-up capital exceeds Rs. 1 crore.
CNo, because its turnover exceeds Rs. 10 crores.
DYes, only if its borrowings are also below Rs. 50 crores.
📚Sec 2(85) Co. Act (as amended): Small Co. is pvt co. with PUSC = Rs. 4 Cr AND T/O = Rs. 40 Cr. (Limits as per current common understanding; subject to official notification of latest limits). This co. fits.
Strike Off1 question
Q461Strike Off
If a company receives a notice from the Registrar of Companies (ROC) regarding its intention to strike off the company's name from the register, within how many days can the company send its representations to the ROC?
A15 days from the date of the notice.
B30 days from the date of the notice.
C45 days from the date of the notice.
D60 days from the date of the notice.
📚Sec 248(1) proviso: ROC shall give notice to co. & all dirs. of proposal to remove name, requesting them to send representations along with copies of relevant docs within 30 days from date of notice.
Strike Off Effect1 question
Q462Strike Off Effect
If a company's certificate of incorporation (COR) has been cancelled and its name struck off, can the company still take legal action to recover its outstanding dues from debtors?
ANo, once struck off, all rights of the company cease immediately.
BYes, the company's right to recover dues and discharge liabilities continues even after its name is struck off.
COnly if the NCLT grants specific permission for recovery proceedings.
DOnly for dues that became receivable within one year prior to striking off.
📚Sec 248(7) Co. Act: Liability, if any, of every dir, mgr, or other officer & every member shall continue & may be enforced as if co. had not been dissolved. Co. also can recover.
Tribunal Orders2 questions
Q463Tribunal Orders
If the National Company Law Tribunal (NCLT) passes an order under section 242 removing a director for being not fit and proper (based on an application by the Central Government under section 241 read with 243), within what period must a copy of the Tribunal's order be filed with the Registrar of Companies (ROC)?
AWithin 7 days from the date of the order.
BWithin 15 days from the date of the order.
CWithin 30 days from the date of the order.
DWithin 60 days from the date of the order.
📚Sec 242(7) Co. Act: Co. shall file a certified copy of Tribunal's order (under this section) with ROC within 30 days of the order.
Q464Tribunal Orders
If the NCLT has made alterations to a company's Memorandum or Articles of Association through an order (e.g., under section 242), can the company subsequently make any alteration that is inconsistent with the NCLT's order?
ANo, the NCLT's order is final and cannot be overridden by the company.
BYes, by passing a special resolution.
CYes, but only with the prior leave (permission) of the NCLT.
DYes, after a period of five years from the NCLT's order.
📚Sec 242(6) Co. Act: Where NCLT order u/s 242 makes alteration in MoA/AoA, co. shall not, without leave of Tribunal, make any alteration inconsistent with order.
Tribunal Powers1 question
Q465Tribunal Powers
When the Tribunal orders recovery of undue gain made by a director or officer, which of the following is generally not within the Tribunal's power regarding the utilisation of such recovered amount?
ACrediting the amount to the Investor Education and Protection Fund.
BDistributing the amount among a class of members or debenture holders.
COrdering the repayment of the money to the specific company from which the undue gain was made.
DUsing the amount for general charitable purposes specified by the Tribunal.
📚Sec 242(5) & 245(1)(g) Co. Act specify uses for recovered undue gain (IEPF, repayment to co, distribution to members/creditors). General charitable use not listed. 👉 MCQ Quiz @SPOMHelp
Unpaid Dividend1 question
Q466Unpaid Dividend
If a dividend has been declared by a company but has not been paid or claimed within 30 days from the date of declaration, to which account must the company transfer the total amount of unpaid or unclaimed dividend?
AInvestor Education and Protection Fund (IEPF)
BGeneral Reserve
CUnpaid Dividend
DCapital Redemption Reserve Account
📚Sec 124(1) Co. Act: Where dividend declared but not paid/claimed within 30 days from declaration, co. shall, within 7 days from expiry of said 30 days, transfer total unpaid/unclaimed dividend to Unpaid Dividend Account.
Vacation Of Office2 questions
Q467Vacation Of Office
When an order is passed by a competent authority (e.g., Tribunal) requiring a director's office to be vacated due to disqualification or other specified reasons, within how many days from the date of such order must the office typically be vacated?
AImmediately upon receipt of the order.
BWithin 7 days from the date of the order.
CWithin 30 days from the date of the order.
DWithin 60 days from the date of the order.
📚This timeframe is often specified in rules or related provisions concerning vacation of office post-disqualification order to allow for transition.
Q468Vacation Of Office
If a director fails to attend any Board meeting for a continuous period of twelve months, with or without seeking leave of absence, what is the immediate consequence for that director?
AThey are liable for a monetary penalty only.
BThey must seek re-appointment at the next general meeting.
CTheir office as director becomes vacant automatically.
DThe Board must pass a resolution to remove them.
📚Sec 167(1)(b) Co. Act: Office of director becomes vacant if he absents himself from all Board meetings held during a period of 12 months, with or without seeking leave of absence.
Vigil Mechanism1 question
Q469Vigil Mechanism
What is the "Vigil Mechanism" or "Whistle Blower Policy" that certain classes of companies are required to establish under the Companies Act, 2013?
AA mechanism for employees to report unethical behavior or fraud directly to SEBI.
BA system for directors and employees to report genuine concerns or grievances about unethical behavior, actual or suspected fraud or violation of the company's code of conduct.
CA grievance redressal system specifically for customers of the company.
DA system for confidential reporting of sexual harassment complaints at the workplace.
📚Sec 177(9) Co. Act & Rule 7 Co. (Meetings of Board) Rules: Specified cos. to establish vigil mechanism for dirs & employees to report genuine concerns.
Winding Up13 questions
Q470Winding Up
In the event of a company being wound up, which of the following can generally be considered a contributory?
AOnly holders of partly paid-up shares.
BHolders of fully paid-up shares.
COnly secured creditors of the company.
DEmployees owed wages.
📚Sec 2(26) defines "contributory". Holder of fully paid-up shares is a contributory. Their liability may be nil if shares fully paid, but they are part of the definition.
Q471Winding Up
Who is generally eligible to be appointed as a provisional liquidator or a company liquidator by the Tribunal in case of winding up under the Companies Act, 2013?
AAny officer of the company nominated by the Board.
BA senior advocate with at least 10 years of experience.
CAn Insolvency Professional appointed from a panel maintained by the Central Government.
DOnly an official from the office of the Official Liquidator.
📚Sec 275(2) Co. Act: Provisional liquidator or Company Liquidator shall be apptd. from panel of Insolvency Professionals (IPs) regd. under IBC, 2016, maintained by CG.
Q472Winding Up
Does the National Company Law Tribunal (NCLT) have the authority to order the winding up of a company under the provisions of the Companies Act, 2013?
ANo, winding up orders can only be passed by High Courts.
BNo, only voluntary winding up is permitted, initiated by members or creditors.
CYes, the NCLT has the authority to pass orders for the winding up of a company on specified grounds.
DYes, but only for companies with a paid-up capital below ?1 crore.
📚Sec 271 Co. Act lists circumstances where Tribunal (NCLT) may wind up a company. Sec 272 lists who can file petition.
Q473Winding Up
In a winding-up scenario, can a past member who transferred their partly paid-up shares more than one year before the commencement of winding up be generally held liable to contribute to the company's assets?
AYes, always liable for the unpaid amount on shares.
BYes, but only if current members are unable to satisfy the contributions required.
CNo, liability typically ceases after one year from ceasing to be a member for shares fully transferred.
DNo, only present members are liable.
📚Sec 2(26) & winding up provisions: Past member usually not liable if ceased membership >1 yr before winding up, or for debts contracted after they ceased.
Q474Winding Up
If a member transfers their partly paid-up shares in a company less than one year before the commencement of its winding up, what is a key obligation of the company or liquidator towards the transferee regarding the unpaid amount?
AThe transferee automatically becomes liable for all past unpaid calls.
BThe company must waive the unpaid amount for the transferee.
CThe company/liquidator must duly notify the transferee of the amount due on such shares/debentures.
DThe transferor remains solely liable for the unpaid amount.
📚In winding up, for partly paid shares recently transferred, ensuring the transferee is aware of dues is crucial for determining liability. This is a procedural step.
Q475Winding Up
In the event of a company being wound up, if the Company Liquidator needs to manage pending legal proceedings on behalf of the company, within how many days of forming an opinion must the CL typically submit a report to the NCLT?
AWithin 30 days.
BWithin 45 days.
CWithin 60 days.
DWithin 90 days.
📚Sec 291 Co. Act read with Rules: CL shall, within 60 days of forming opinion on pending legal proceedings, submit a report to Tribunal with details and seek directions.
Q476Winding Up
If an advisory committee has been constituted for a winding-up process, before whom must the Company Liquidator place the draft final report before submitting it to the NCLT?
AThe Registrar of Companies.
BThe Central Government.
CThe Advisory Committee.
DDirectly to the NCLT.
📚Rule 25 Co. (Winding Up) Rules, 2020: If advisory committee constituted, CL shall place draft final report before it for advice/suggestions before filing with Tribunal.
Q477Winding Up
During a company's winding up, if its assets are sufficient to cover all its debts and liabilities, can shareholders who hold partly paid-up shares choose not to pay the remaining unpaid amount on their shares?
ANo, unpaid amounts must always be paid regardless of asset sufficiency.
BYes, if the liquidator confirms in writing that assets are sufficient.
CYes, shareholders can generally opt out of paying calls if assets are sufficient to cover all dues.
DOnly if a special resolution is passed by the members.
📚If assets are clearly sufficient, liquidator may not make calls on unpaid capital. However, liability remains until co. is fully wound up & dissolved or calls are not needed. The implies "Yes".
Q478Winding Up
Can the NCLT appoint a Company Liquidator in a winding-up proceeding without giving prior notice or an opportunity of being heard to the company against whom the winding-up petition is filed?
ANo, an opportunity of being heard is an absolute right in all cases.
BYes, if the Tribunal records special reasons in writing for doing so.
COnly if the company has already been declared defunct by the ROC.
DOnly if the petition is filed by the Central Government.
📚Sec 273(1)(c) Co. Act: Tribunal may pass order appointing Provisional Liquidator or for winding up. While OH is a principle, specific circumstances (with recorded reasons) might allow deviation. says yes with reasons.
Q479Winding Up
Can the National Company Law Tribunal (NCLT) pass an order for the winding up of a company if it is of the opinion that it is "just and equitable" that the company should be wound up, even without receiving a specific petition detailing other statutory grounds?
ANo, "just and equitable" is not a standalone ground.
BYes, this is a recognized ground upon which the Tribunal can order winding up.
COnly if the company has been making losses for five consecutive years.
DOnly if all members of the company consent to it.
📚Sec 271(e) Co. Act states Tribunal may wind up a co. if Tribunal is of opinion that it is just & equitable that co. should be wound up. This is a discretionary ground. 👉 MCQ Quiz @SPOMHelp
Q480Winding Up
What is the typical time limit prescribed for the Adjudicating Authority (NCLT) to admit or reject an application for winding up of a company from the date of its presentation?
AWithin 30 days.
BWithin 60 days.
CWithin 90 days.
DWithin 120 days.
📚Sec 273(1) Co. Act relating to winding up by Tribunal suggests process for admission. Your indicates 90 days for AA (NCLT) to admit/reject winding up application.
Q481Winding Up
Can the National Company Law Tribunal (NCLT) order the winding up of a company on the grounds that it is "just and equitable" to do so, even without issuing a formal notice or calling for representations from the company prior to passing such an order?
ANo, natural justice requires notice and hearing in all circumstances.
BYes, if the NCLT records specific and compelling reasons in writing for dispensing with notice, in exceptional circumstances.
COnly if the company has already been declared defunct.
DOnly if the petition is filed by a regulatory authority like ROC or SEBI.
📚While notice is a norm (Sec 274 Co. Act), in exceptional "just & equitable" cases with urgency/risk, Tribunal might act ex-parte with recorded reasons, though this is rare. "Other Q" implies this possibility.
Q482Winding Up
What is the time limit within which a statement of affairs of the company must typically be submitted to the Company Liquidator by the directors and officers in a winding up ordered by the Tribunal?
AWithin 15 days from the relevant date.
BWithin 21 days from the relevant date (extendable by Tribunal up to 3 months).
CWithin 30 days from the relevant date.
DWithin 45 days from the relevant date.
📚Sec 274(1) Co. Act & Rule 9 Co. (Winding Up) Rules, 2020: Statement of affairs to be filed with CL within 21 days from relevant date (date of winding up order/appt of provisional liquidator), extendable by Tribunal.
Winding Up Advisory Committee1 question
Q483Winding Up Advisory Committee
What is the maximum number of members that can constitute an advisory committee formed by the NCLT during the winding up of a company to advise the Company Liquidator?
AMaximum 5 members
BMaximum 7 members
CMaximum 10 members
DMaximum 12 members
📚Sec 287(3) Co. Act: Advisory committee shall consist of not more than 12 members, being creditors & contributories, or as NCLT may decide based on value.
Winding Up Contributory3 questions
Q484Winding Up Contributory
A past member (List B contributory) of a company in winding up is typically liable to contribute in respect of any debt or liability of the company an amount not exceeding:
AThe total amount of debts outstanding at the time of winding up.
BThe amount, if any, unpaid on the shares in respect of which they are liable as a past member.
CA sum equal to the nominal value of shares they held.
D10% of the company's total deficit.
📚Sec 2(26) defines contributory. Liability of past member (if liable at all) is generally limited to unpaid amount on shares held, for debts existing before they ceased to be member.
Q485Winding Up Contributory
In the event that contributories fail to pay the amounts due from them during a company's winding up, who among the following might be called upon to contribute to the company's capital, assuming their liability is unlimited under the company's constitution?
AOnly the secured creditors.
BOnly past members who transferred shares within one year.
CDirectors or managers whose liability is unlimited.
DThe statutory auditors of the company.
📚Sec 282(3)(c) Co. Act provides for order against contributory. If dirs/mgrs have unlimited liability (as per MoA or by choice u/s 322), they can be called to contribute beyond share capital.
Q486Winding Up Contributory
A past member of a company transferred their partly paid-up shares six months before the commencement of winding up. If the present members' contributions are insufficient to meet the company's liabilities, can this past member be made liable?
ANo, liability ceases immediately upon valid transfer of shares.
BYes, they are liable for all debts contracted before they ceased to be a member, up to the unpaid amount on their former shares.
CNo, only members who held shares for at least one year before transfer can be liable.
DYes, but only if the shares were transferred to a known insolvent person.
📚Sec 2(26) & winding up provisions: Past member (ceased within 1 yr prior to winding up) can be contributory for debts existing before cessation, if present members can't satisfy, up to unpaid amount.
Winding Up Petition4 questions
Q487Winding Up Petition
Can a shareholder holding partly paid-up shares in a company file a petition for the winding up of that company, assuming other conditions for filing are met?
AYes, if they have held the shares for more than six months.
BYes, as long as they are recorded in the register of members.
CNo, generally a contributory is not entitled to present a winding-up petition unless shares are fully paid or originally allotted as fully paid.
DOnly if the partly paid shares constitute more than 10% of the total paid-up capital.
📚Sec 272(2)(e) Co. Act: Contributory can't present winding-up petition unless shares fully paid or originally allotted as fully paid, or held for 6 of last 18 months. Holding partly paid shares can be a bar.
Q488Winding Up Petition
When a petition for winding up is filed with the NCLT under section 272 and a copy is submitted to the Registrar of Companies (ROC), within how many days should the ROC typically submit its views or objections to the NCLT?
AWithin 15 days from receipt of the petition copy.
BWithin 30 days from receipt of the petition copy.
CWithin 60 days from receipt of the petition copy.
DWithin 90 days from receipt of the petition copy.
📚Sec 272(3) Co. Act: Copy of petition to ROC; ROC shall submit views to Tribunal within 60 days from receipt of petition.
Q489Winding Up Petition
If a company itself files a petition with the NCLT for its winding up, what is the company typically required to submit along with or in support of its petition concerning its financial affairs?
AA declaration of solvency signed by all directors.
BA report from an independent Registered Valuer on asset valuation.
CAudited financial statements for the last five years.
DA statement of the company's affairs, duly verified, in the prescribed form.
📚Sec 272(5) Co. Act: Petition by co. for winding up shall be admitted only if accompanied by Statement of Affairs in prescribed form & manner.
Q490Winding Up Petition
Under what primary condition can the Registrar of Companies (ROC) file an application to the NCLT for the winding up of a company?
AIf the company has defaulted in filing financial statements for one year.
BIf the ROC conducts an inspection and finds minor irregularities.
COnly when specifically authorized by the Central Government to do so.
DIf the company's net worth becomes negative.
📚Sec 272(1)(f) Co. Act states ROC can file winding up petition only if authorized by CG. Other grounds may exist for ROC to report to CG.
Winding Up Priority1 question
Q491Winding Up Priority
In what order of priority are the costs and expenses of winding up (including the remuneration of the Company Liquidator) typically paid out from the company's assets?
AAfter payment to all secured and unsecured creditors.
BBefore payment of any other dues, including workmen's dues.
CAfter payment of workmen's dues but before unsecured creditors.
DConcurrently with government dues.
📚Sec 326 & 327 Co. Act typically place workmen's dues & secured creditors (to extent of security) with priority. Winding up costs come very high, often after workmen but before general creditors. implies workmen first, then costs.
Winding Up Records1 question
Q492Winding Up Records
When a company's affairs have been completely wound up and it is about to be dissolved, for how long must its books and papers generally be preserved from the date of dissolution, as per directions of the Tribunal?
AFor 2 years.
BFor 3 years.
CFor 5 years.
DFor 8 years.
📚Sec 347(1) Co. Act & Rule 167 Co. (Winding Up) Rules, 2020: Books & papers of co. wound up & of liquidator shall not be destroyed for 5 yrs from date of dissolution.