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B Com Exam  >  B Com Tests  >  Company Law  >  Test: Majority Rule but Minority Protection & Shareholder Rights - B Com MCQ

Test: Majority Rule but Minority Protection & Shareholder Rights - B Com MCQ


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10 Questions MCQ Test Company Law - Test: Majority Rule but Minority Protection & Shareholder Rights

Test: Majority Rule but Minority Protection & Shareholder Rights for B Com 2024 is part of Company Law preparation. The Test: Majority Rule but Minority Protection & Shareholder Rights questions and answers have been prepared according to the B Com exam syllabus.The Test: Majority Rule but Minority Protection & Shareholder Rights MCQs are made for B Com 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Majority Rule but Minority Protection & Shareholder Rights below.
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Test: Majority Rule but Minority Protection & Shareholder Rights - Question 1
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What is the primary aim of striking a balance between majority rule and minority protection in a company?

Detailed Solution for Test: Majority Rule but Minority Protection & Shareholder Rights - Question 1
The primary aim of striking a balance between majority rule and minority protection in a company is to ensure fair treatment of both majority and minority shareholders for the smooth functioning of the company. While the majority shareholders may have the authority to make decisions, it's important to safeguard the rights and interests of minority shareholders to prevent any unfair actions that could harm the company as a whole.
Test: Majority Rule but Minority Protection & Shareholder Rights - Question 2
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In the context of company law, what is the justification behind the principle laid down in Foss v. Harbottle?

Detailed Solution for Test: Majority Rule but Minority Protection & Shareholder Rights - Question 2
The principle laid down in Foss v. Harbottle is justified by the need to preserve the right of the majority to decide how the company's affairs are conducted. When shareholders become part of a company, they agree to abide by the decisions of the majority. This principle maintains the integrity of the company's management by allowing the majority to guide its direction.
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Test: Majority Rule but Minority Protection & Shareholder Rights - Question 3
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What is the purpose of Section 163 of the Companies Act, 2013?

Detailed Solution for Test: Majority Rule but Minority Protection & Shareholder Rights - Question 3
Section 163 of the Companies Act, 2013, allows companies to adopt the principle of proportional representation. This provision ensures that minority shareholders are represented in the decision-making process of the company in proportion to their shareholding. It provides a mechanism for more inclusive governance within the company.
Test: Majority Rule but Minority Protection & Shareholder Rights - Question 4
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What is the purpose of granting shareholders the right to transfer shares freely?
Detailed Solution for Test: Majority Rule but Minority Protection & Shareholder Rights - Question 4
The purpose of granting shareholders the right to transfer shares freely is to protect the interests of minority shareholders by giving them control over their shares. This right ensures that shareholders can freely buy, sell, or transfer their shares without undue interference from the majority shareholders, thus maintaining their individual ownership and control.
Test: Majority Rule but Minority Protection & Shareholder Rights - Question 5
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Under what circumstances can an individual shareholder sue if an act requires a special majority but is passed by a simple majority?
Detailed Solution for Test: Majority Rule but Minority Protection & Shareholder Rights - Question 5
An individual shareholder can sue if an act requires a special majority but is passed by a simple majority if the act is in violation of the company's memorandum and articles of association. The principle here is that certain formalities must be observed to give validity to an act that affects the interests of the minority, and an individual shareholder can take legal action to prevent the company from acting on such a resolution.
Test: Majority Rule but Minority Protection & Shareholder Rights - Question 6
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When can minority shareholders bring action against the company for preventing oppression and mismanagement?
Detailed Solution for Test: Majority Rule but Minority Protection & Shareholder Rights - Question 6
Minority shareholders can bring action against the company for preventing oppression and mismanagement when the majority shareholders act in an unfair or fraudulent manner against the interests of the minority. This provision gives minority shareholders the right to seek relief from actions taken by the majority that harm the company's interests or their own interests.
Test: Majority Rule but Minority Protection & Shareholder Rights - Question 7
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What is the significance of adopting the principle of proportional representation in a company?
Detailed Solution for Test: Majority Rule but Minority Protection & Shareholder Rights - Question 7
Adopting the principle of proportional representation in a company gives minority shareholders a stronger voice in the company's decision-making process. This principle ensures that the composition of the company's governing body reflects the diversity of its shareholders, including the minority, and prevents the dominance of majority shareholders in decision-making.
Test: Majority Rule but Minority Protection & Shareholder Rights - Question 8
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What is the purpose of the provision that allows shareholders to request the convening of an extraordinary general meeting?
Detailed Solution for Test: Majority Rule but Minority Protection & Shareholder Rights - Question 8
The provision that allows shareholders to request the convening of an extraordinary general meeting serves the purpose of allowing shareholders to voice their grievances against the company's management. This provision empowers shareholders, including the minority, to initiate discussions on important matters and address concerns they may have about the company's operations.
Test: Majority Rule but Minority Protection & Shareholder Rights - Question 9
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Under what circumstances can individual shareholders bring action against the company for breach of duty by directors and majority shareholders?
Detailed Solution for Test: Majority Rule but Minority Protection & Shareholder Rights - Question 9
Individual shareholders can bring action against the company for breach of duty by directors and majority shareholders when the breach of duty harms the company due to mismanagement. This provision allows shareholders, particularly minority shareholders, to seek legal remedies when the actions of the majority and directors negatively impact the company's performance and well-being.
Test: Majority Rule but Minority Protection & Shareholder Rights - Question 10
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What role does the principle of non-interference play in the context of company law?
Detailed Solution for Test: Majority Rule but Minority Protection & Shareholder Rights - Question 10
The principle of non-interference in the context of company law prevents the court from interfering in the internal management of a company. This principle is exemplified in cases like Foss v. Harbottle, where individual shareholders are limited in their ability to sue directors for alleged wrongdoings. Instead, the company itself is considered the proper party to bring action in such cases, preserving the autonomy of the company's management.
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