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State whether the following statement is True or False: Memorandum of Association describes the nature and character of the company. - Secretarial Practice

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Question

State whether the following statement is True or False:

Memorandum of Association describes the nature and character of the company.

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 4.02 | Page 63

RELATED QUESTIONS

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

The document is subordinate to the Memorandum of Association.


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

Clause which gives details of authorized capital or Registered Capital.


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

Document issued by public company inviting public to subscribe to its shares.


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:

Articles of Association can have provisions that contradict the Memorandum.


State whether the following statement is True or False:

Memorandum contains rules and regulations for the internal management of a company.


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:

Prospectus must be issued within 1 year from the date of tiling it with the ROC.


State whether the following statement is True or False:

Actions can be taken against a company or its officers for misstatements in 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.


State whether the following statement is True or False:

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


Find the odd one.


Complete the sentence.

The document which contains the rules and regulations governing the internal management of a company is called _________


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:

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?


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.


Distinguish between the following:
Memorandum of association and articles of association.


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