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Unit 5: Memorandum of Association




          Self Assessment                                                                       Notes

          6.   Match List-I with List-II and select the correct answer using the codes given below in the
               lists:
                    List-I (Company Issue)           List-II (Company Documents)

               A.   Affirmation of compliance with  1.  Certificate of  incorporation
                    the registration formalities
               B.   Classes of shares into which  2.  Statutory declaration
                    shake capital is divided
               C.   Rules for forfeiture of shares  3.  Memorandum of Association
               D.   Name and address of          4.  Articles of association
                    the company auditor
                                                 5.  Prospectus
               Codes:

                    A    B   C    D
               (a)  1    4   3    5
               (b)  5    4   3    1

               (c)  2    3   4    5
               (d)  4    1   5    2
          7.   Which of the following statements are correct?
               (i)  Minutes are not required to be read at a sub general meeting.
               (ii)  Confirmation of Minutes is not an item of agenda in general meeting.

               (iii)  The chairman may disallow any matter which in his opinion is detrimental to the
                    interests of the company from being included in the minutes.
               (iv)   Members cannot obtain copies of minutes through they can inspect them during
                    business hours.
               Select the correct answer using the codes given below:
               (a)  (ii) and (iii)               (b)  (i), (ii) and (iii)

               (c)  (i), (iii) and (iv)          (d)  (ii) and (iv)

          5.4 Doctrine of Ultra Vires

          Ultra vires means beyond powers, i.e., any act done by the company beyond its legal powers and
          authority.
          It has been observed that the company has an Independent legal existence and is a separate body
          corporate distinct from its members. The company can, therefore, perform acts on its own. The
          acts which the company performs are authorized by:
               Objects specified in the Memorandum of Association  of the company with which it is
               registered. Objects include incidental objects also, and
               The Companies Act.




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