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State whether the following statement is True or False: Any act done by the company beyond the powers of Memorandum is Ultra Vires. - Secretarial Practice

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Question

State whether the following statement is True or False:

Any act done by the company beyond the powers of Memorandum is Ultra Vires.

Options

  • True

  • False

MCQ
True or False
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Solution

True

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Documents Related to Formation of a Company
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Chapter 4: Documents related to formation of a company - Exercise Q.1 [Page 63]

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Balbharati Secretarial Practice [English] 11 Standard Maharashtra State Board
Chapter 4 Documents related to formation of a company
Exercise Q.1 | Q 4.04 | Page 63

RELATED QUESTIONS

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

_______is a primary document of the company which contains the aims and objectives of the company.


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.

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


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

Document which states the limits within which a company has to operate.


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

Prospectus attached with every share application form.


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

It is an incomplete prospectus.


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

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


State whether the following statement is True or False:

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


State whether the following statement is True or False:

Articles of Association is subordinate to Memorandum.


State whether the following statement is True or False:

Every subscriber who signs the Memorandum must also sign the Articles.


State whether the following statement is True or False:

Only public companies can issue Prospectus.


State whether the following statement is True or False:

Letter of offer is issued at the time of Rights Issue.


Find the odd one.


Select the correct option from the given options:

Group A Group B
Liability clause ___________

Select the correct option from the given options:

Group A Group B
___________ Establishes relation between company and its member

Study the following case/situation and express your opinion:

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


Study the following case/situation and express your opinion.

Mr. A entered into a contract with Star Limited company and as advance payment gave a cheque of ₹ 1 lac to a Director Mr. Sam. Mr. Sam is not the Managing Director. Articles state that only the MD is authorized to sign any contracts or receive any payments on behalf of the company.

  1. Did Mr. Sam have the authority to accept the cheque? Why?
  2. Can Mr. Sam’s action be called as Ultra Vires? Why?

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 Company plans to offer Rights Issue.

a) Which document must it send to its shareholders for offering the Rights Issue?

b) Instead of Rights Issue, if the company wants to issue shares to the public, which document must it issue for inviting the public to subscribe for it?

c) Name the document which is called as incomplete prospectus.


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