हिंदी

A company stated in its prospectus that it has been making profits since the last 5 years. However, Mr. X. an investor found out that two years back the company had not made any profit.

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प्रश्न

Study the following case/situation and express your opinion:

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

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

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

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

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उत्तर

(a) Mr. X can state that there was a misstatement in the prospectus.
(b) If found guilty the company and its officers will face civil liability and criminal liability for misstatement in the prospectus.
(c) Prospectus cannot be valid for the issue to the public on 10th February 2018.

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Documents Related to Formation of a Company
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
अध्याय 4: Documents related to formation of a company - Exercise Q.3 [पृष्ठ ६५]

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बालभारती Secretarial Practice [English] Standard 11 Maharashtra State Board
अध्याय 4 Documents related to formation of a company
Exercise Q.3 | Q 5 | पृष्ठ ६५

संबंधित प्रश्न

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

_________ acts are void or legally ineffective.


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

_________ contains rules and regulations for internal management of the company


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

Document which contains, Name Clause, Registered Office Clause, Capital Clause, etc.


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

Document which establishes company’s relationship with outsiders.


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

Term used for acts beyond the scope of Memorandum of Association.


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

Document which establishes relationship between a company and its members.


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

Prospectus attached with every share application form.


State whether the following statement is True or False:

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


State whether the following statement is True or False:

Memorandum establishes the relationship between the Company and Members.


State whether the following statement is True or False:

Articles of Association can have provisions that contradict the Memorandum.


State whether the following statement is True or False:

Prospectus can be issued by a private company.


State whether the following statement is True or False:

Only public companies can issue Prospectus.


State whether the following statement is True or False:

Every company has to issue shelf prospectus every time it offers shares to the public.


Find the odd one.


Select the correct option from the given options:

Group A Group B
___________ Memorandum of association.

Select the correct option from the given options:

Group A Group B
Incomplete prospectus ___________

Arrange in proper order.

a) Subscription clause.
b) Name clause.
c) Object clause.


Explain the following term/concept.

Name clause


Study the following case/situation and express your opinion:

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

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

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


Study the following case/situation and express your opinion:

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


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