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Test: Formation of Company- 4 - B Com MCQ


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10 Questions MCQ Test Company Law - Test: Formation of Company- 4

Test: Formation of Company- 4 for B Com 2024 is part of Company Law preparation. The Test: Formation of Company- 4 questions and answers have been prepared according to the B Com exam syllabus.The Test: Formation of Company- 4 MCQs are made for B Com 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Formation of Company- 4 below.
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Test: Formation of Company- 4 - Question 1

In accordance with SEBI regulations, which of the following is considered a "promoter"?

Detailed Solution for Test: Formation of Company- 4 - Question 1
According to SEBI regulations, a "promoter" includes individuals who are in control of the issuer, those who formulate plans or programs for offering securities to the public, and individuals named as promoters in the offer document.
Test: Formation of Company- 4 - Question 2

What is the definition of a "promoter" as per Section 2(69) of the Companies Act, 2013?

Detailed Solution for Test: Formation of Company- 4 - Question 2
According to Section 2(69) of the Companies Act, 2013, a "promoter" is a person who has control over the affairs of the company, directly or indirectly, whether as a shareholder, director, or in any other capacity. This definition encompasses individuals who influence the company's actions and decisions.
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Test: Formation of Company- 4 - Question 3

When can a director, officer, or employee of a company be considered a promoter?

Detailed Solution for Test: Formation of Company- 4 - Question 3
A director, officer, or employee of a company can be considered a promoter if they have control over the company's operations and provide advice that the Board of Directors usually acts upon. However, if they are only providing professional advice, they are not treated as promoters.
Test: Formation of Company- 4 - Question 4
What is the primary fiduciary duty of a promoter towards the company?
Detailed Solution for Test: Formation of Company- 4 - Question 4
The primary fiduciary duty of a promoter towards the company is to make full disclosure of all material facts, including any secret profits made during the promotion process. This duty helps ensure transparency and prevents promoters from benefiting at the company's expense.
Test: Formation of Company- 4 - Question 5
Which case established the concept of a promoter's fiduciary duty and accountability for secret profits?
Detailed Solution for Test: Formation of Company- 4 - Question 5
The case of Twycross v. Grant (1877) established the concept of a promoter's fiduciary duty. It defined a promoter as someone who undertakes to form a company and takes necessary steps to accomplish that purpose. This case highlighted the accountability of promoters for their actions during the promotion process.
Test: Formation of Company- 4 - Question 6
What is the consequence if a promoter fails to disclose a secret profit made during the promotion of a company?
Detailed Solution for Test: Formation of Company- 4 - Question 6
If a promoter fails to disclose a secret profit made during the promotion of a company, the company has the right to rescind the contract related to the profit or claim damages for the breach of duty. This ensures that promoters do not benefit secretly at the expense of the company.
Test: Formation of Company- 4 - Question 7
Under what circumstances can a promoter sell his own property to the company without making full disclosure?
Detailed Solution for Test: Formation of Company- 4 - Question 7
A promoter can sell his own property to the company without making full disclosure if the property was not acquired for the purpose of selling it to the company. However, if the property was acquired with the intention of selling it to the company, full disclosure is necessary to avoid a breach of duty.
Test: Formation of Company- 4 - Question 8
What legal action can be taken against a promoter for making misleading statements in a prospectus?
Detailed Solution for Test: Formation of Company- 4 - Question 8
If a promoter makes misleading statements in a prospectus, the company can file a civil lawsuit against the promoter for damages caused by the misleading statements. This legal action helps hold promoters accountable for their misrepresentations.
Test: Formation of Company- 4 - Question 9
In what situation can a promoter be personally liable to third parties upon contracts made on behalf of the intended company?
Detailed Solution for Test: Formation of Company- 4 - Question 9
A promoter can be personally liable to third parties upon contracts made on behalf of the intended company when the company has ratified the contract after its incorporation. This means that the company has accepted the contract and communicated its acceptance to the other party, and the promoter can be held accountable.
Test: Formation of Company- 4 - Question 10
What is the consequence of a promoter's failure to cooperate with the Company Liquidator during the winding-up process?
Detailed Solution for Test: Formation of Company- 4 - Question 10
If a promoter fails to cooperate with the Company Liquidator during the winding-up process, the promoter can be punishable with imprisonment, which may extend up to six months. This emphasizes the importance of promoters' cooperation during the winding-up of the company's affairs.
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