Page 199 - DCOM106_COMPANY_LAW
P. 199

Company Law




                    Notes          Self Assessment

                                   5.  Which of the following are included in the ‘Statutory Books’ for the purpose of company
                                       audit?
                                       (i)  Register of charges
                                       (ii)  Minutes Books for the Board meetings
                                       (iii)  Articles of Association

                                       (iv)  Minutes Book for the shareholder’s meeting
                                       (v)  Register of  members
                                       (vi)  Memorandum of Association
                                       Select the correct answer using the codes given below:
                                       Codes
                                       (a)  (i), (ii), (iv) and (v)      (b)  (ii), (iii), (iv) and (vi)
                                       (c)  (i), (iii), (v) and (vi)     (d)  (ii), (iii), (v) and (vi)

                                   6.  Consider the following statements: A statutory auditor of a public limited company claims
                                       that he has the following legal rights in relation to his duties:
                                       (i)  Right to refuse to make a report
                                       (ii)  Right of access to books of accounts and registers
                                       (iii)  Right to seek explanation from directors and officers

                                       (iv)  Right to make statement in the general meeting.
                                       Of the above statements:
                                       (a)  (i), (ii) and (iii) are correct  (b)  (i), (ii) and (iv) are correct
                                       (c)  (i), (iii) and (iv) are correct  (d)  (ii), (iii) and (iv) are correct

                                   12.4 General Meeting for Shareholders

                                   When it is proposed to alter,  vary or affect the rights of  a particular  class of shareholders
                                   (e.g., where accumulated dividends on cumulative preference shares are to be cancelled) and it
                                   is not possible to obtain the consent in writing, of the holders of 3/4th of the issued shares of that
                                   class, a meeting of  the holders of those  shares may be called.  Such a meeting is commonly
                                   known as a ‘class meeting’. It should be noted that all resolutions in a class meeting must be
                                   passed as special resolutions.
                                   The holders of at least 10% of the issued shares of that class who did not consent in favour of the
                                   resolution may apply to the court within 21 days to have the resolution cancelled and where
                                   such application is made, the resolution shall not have effect unless and until it is confirmed by
                                   the court.




                                      Task  A meeting was properly convened and was subsequently adjourned by the chairman.
                                     No fresh notice is given  for the adjourned meeting which is held subsequently. State
                                     whether the adjourned meeting is valid. [Hint: The adjourned meeting in question is valid
                                     as per s.174.]





          194                               LOVELY PROFESSIONAL UNIVERSITY
   194   195   196   197   198   199   200   201   202   203   204