Page 1
MODEL TEST PAPER 6
INTERMEDIATE COURSE: GROUP – I
PAPER – 2: CORPORATE AND OTHER LAWS
Time Allowed – 3 Hours Maximum Marks – 100
1. The question paper comprises two parts, Part I and Part II.
2. Part I comprises Case Scenario based Multiple Choice Questions (MCQs)
3. Part II comprises questions which require descriptive type answers.
PART I – Case Scenario based MCQs (30 Marks)
Part I is compulsory
Case Scenario 1
Prakash Limited and Vasudha Private Limited (VPL) were incorporated in January
1999 by Mr. Vicky Tripathi and his family members. Both the companies are
engaged in the business of manufacturing machineries used in agricultural sector.
Mr. Vicky Tripathi and his younger brother Vinay Tripathi actively participate in the
daily operations of both the companies. Vasudha Private Limited is wholly owned
by Tripathi family, while Tripathi family has a majority stake of 51% in Prakash
Limited.
Due to the poor economic conditions in the agriculture sector and shifting of the
farmers’ focus to more advanced farming techniques, the sales of Prakash Limited
is dipping and its bottom line has been in the red for the last couple of years. The
unabsorbed loss of Prakash Limited for the current financial year is ` 9.8 crore.
Prakash Limited didn’t pay any dividends during the last four years. Prakash
Limited has accumulated profit in the form of free reserves of ` 180 crore whereas
paid-up share capital is ` 918 crore as per its latest audited financial statement
and loss of ` 9.8 crore has not been deducted from such amount of free reserves.
Since pressure from shareholders of the free float is mounting, management at
Prakash Limited decided to pay dividend this year out of accumulated profit.
Finally, the dividend was declared on 31
st
August 2024. Some of the dividend
remained unpaid as on 30
th
September 2024, on account of operation of
law; this was transferred to unpaid Dividend Account and a statement containing
only the names of such beneficiaries was hosted on the website of the company
on 9
th
November 2024.
Vasudha Private Limited is a mid-sized unlisted entity, with few branches abroad
and is not required to appoint an independent director under section 149(4). During
the immediately preceding F.Y., its net worth was ` 280 crore, turnover was ` 590
147
Page 2
MODEL TEST PAPER 6
INTERMEDIATE COURSE: GROUP – I
PAPER – 2: CORPORATE AND OTHER LAWS
Time Allowed – 3 Hours Maximum Marks – 100
1. The question paper comprises two parts, Part I and Part II.
2. Part I comprises Case Scenario based Multiple Choice Questions (MCQs)
3. Part II comprises questions which require descriptive type answers.
PART I – Case Scenario based MCQs (30 Marks)
Part I is compulsory
Case Scenario 1
Prakash Limited and Vasudha Private Limited (VPL) were incorporated in January
1999 by Mr. Vicky Tripathi and his family members. Both the companies are
engaged in the business of manufacturing machineries used in agricultural sector.
Mr. Vicky Tripathi and his younger brother Vinay Tripathi actively participate in the
daily operations of both the companies. Vasudha Private Limited is wholly owned
by Tripathi family, while Tripathi family has a majority stake of 51% in Prakash
Limited.
Due to the poor economic conditions in the agriculture sector and shifting of the
farmers’ focus to more advanced farming techniques, the sales of Prakash Limited
is dipping and its bottom line has been in the red for the last couple of years. The
unabsorbed loss of Prakash Limited for the current financial year is ` 9.8 crore.
Prakash Limited didn’t pay any dividends during the last four years. Prakash
Limited has accumulated profit in the form of free reserves of ` 180 crore whereas
paid-up share capital is ` 918 crore as per its latest audited financial statement
and loss of ` 9.8 crore has not been deducted from such amount of free reserves.
Since pressure from shareholders of the free float is mounting, management at
Prakash Limited decided to pay dividend this year out of accumulated profit.
Finally, the dividend was declared on 31
st
August 2024. Some of the dividend
remained unpaid as on 30
th
September 2024, on account of operation of
law; this was transferred to unpaid Dividend Account and a statement containing
only the names of such beneficiaries was hosted on the website of the company
on 9
th
November 2024.
Vasudha Private Limited is a mid-sized unlisted entity, with few branches abroad
and is not required to appoint an independent director under section 149(4). During
the immediately preceding F.Y., its net worth was ` 280 crore, turnover was ` 590
147
crore and net profit was ` 45.8 crore. The profits and other information for the
immediately preceding three years are given below:
Particulars Year ended
31.3.2024
(` in crore)
Year ended
31.3.2023
(` in crore)
Year ended
31.3.2022
(` in crore)
Net Profit for the year as per section
198 (in accordance with applicable
provisions)
41.6 42.9 28
The Board of Directors of Vasudha Private Limited is not clear whether they have
to compulsorily form a CSR committee. In order to avoid adverse legal
consequences, Vasudha Private Limited constituted a CSR committee comprising
of two (2) non-executive directors and one (1) executive director who was
appointed as chairperson of the committee.
On the basis of above facts and by applying applicable provisions of the Companies
Act, 2013 and the applicable Rules therein, choose the correct answer (one out of
four) of the following Multiple Choice Questions (MCQs 1-5, of 2 marks each) given
herein under:
1. In case of Prakash Limited, regarding the unpaid dividend, which of the
following statements is correct?
(a) Prakash Limited is guilty, of non-payment of dividend, because some of
the dividends remain unpaid even after 30 days of declaration.
(b) Prakash Limited is guilty, because the list of beneficiaries of unpaid
dividend is hosted on the website after 30 days from the date it falls in
the category of unpaid dividend.
(c) Prakash Limited is guilty, because the list of beneficiaries does not
contain the latest known address of beneficiaries and the amount
unpaid.
(d) Prakash Limited is not guilty, because it has full-filled all the provisions
of law pertaining to unpaid dividend.
2. During the current year, is Vasudha Private Limited required to constitute CSR
committee under the provisions of the Companies Act, 2013?
(a) No, because it is a private company
(b) No, because it is an unlisted company and it has net-worth less than
` 500 crore
(c) Yes, because despite being unlisted company its turnover is above ` 500
crore
(d) Yes, because the company meets the threshold criteria having net profits
exceeding ?5 crore in the immediately preceding financial year
148
Page 3
MODEL TEST PAPER 6
INTERMEDIATE COURSE: GROUP – I
PAPER – 2: CORPORATE AND OTHER LAWS
Time Allowed – 3 Hours Maximum Marks – 100
1. The question paper comprises two parts, Part I and Part II.
2. Part I comprises Case Scenario based Multiple Choice Questions (MCQs)
3. Part II comprises questions which require descriptive type answers.
PART I – Case Scenario based MCQs (30 Marks)
Part I is compulsory
Case Scenario 1
Prakash Limited and Vasudha Private Limited (VPL) were incorporated in January
1999 by Mr. Vicky Tripathi and his family members. Both the companies are
engaged in the business of manufacturing machineries used in agricultural sector.
Mr. Vicky Tripathi and his younger brother Vinay Tripathi actively participate in the
daily operations of both the companies. Vasudha Private Limited is wholly owned
by Tripathi family, while Tripathi family has a majority stake of 51% in Prakash
Limited.
Due to the poor economic conditions in the agriculture sector and shifting of the
farmers’ focus to more advanced farming techniques, the sales of Prakash Limited
is dipping and its bottom line has been in the red for the last couple of years. The
unabsorbed loss of Prakash Limited for the current financial year is ` 9.8 crore.
Prakash Limited didn’t pay any dividends during the last four years. Prakash
Limited has accumulated profit in the form of free reserves of ` 180 crore whereas
paid-up share capital is ` 918 crore as per its latest audited financial statement
and loss of ` 9.8 crore has not been deducted from such amount of free reserves.
Since pressure from shareholders of the free float is mounting, management at
Prakash Limited decided to pay dividend this year out of accumulated profit.
Finally, the dividend was declared on 31
st
August 2024. Some of the dividend
remained unpaid as on 30
th
September 2024, on account of operation of
law; this was transferred to unpaid Dividend Account and a statement containing
only the names of such beneficiaries was hosted on the website of the company
on 9
th
November 2024.
Vasudha Private Limited is a mid-sized unlisted entity, with few branches abroad
and is not required to appoint an independent director under section 149(4). During
the immediately preceding F.Y., its net worth was ` 280 crore, turnover was ` 590
147
crore and net profit was ` 45.8 crore. The profits and other information for the
immediately preceding three years are given below:
Particulars Year ended
31.3.2024
(` in crore)
Year ended
31.3.2023
(` in crore)
Year ended
31.3.2022
(` in crore)
Net Profit for the year as per section
198 (in accordance with applicable
provisions)
41.6 42.9 28
The Board of Directors of Vasudha Private Limited is not clear whether they have
to compulsorily form a CSR committee. In order to avoid adverse legal
consequences, Vasudha Private Limited constituted a CSR committee comprising
of two (2) non-executive directors and one (1) executive director who was
appointed as chairperson of the committee.
On the basis of above facts and by applying applicable provisions of the Companies
Act, 2013 and the applicable Rules therein, choose the correct answer (one out of
four) of the following Multiple Choice Questions (MCQs 1-5, of 2 marks each) given
herein under:
1. In case of Prakash Limited, regarding the unpaid dividend, which of the
following statements is correct?
(a) Prakash Limited is guilty, of non-payment of dividend, because some of
the dividends remain unpaid even after 30 days of declaration.
(b) Prakash Limited is guilty, because the list of beneficiaries of unpaid
dividend is hosted on the website after 30 days from the date it falls in
the category of unpaid dividend.
(c) Prakash Limited is guilty, because the list of beneficiaries does not
contain the latest known address of beneficiaries and the amount
unpaid.
(d) Prakash Limited is not guilty, because it has full-filled all the provisions
of law pertaining to unpaid dividend.
2. During the current year, is Vasudha Private Limited required to constitute CSR
committee under the provisions of the Companies Act, 2013?
(a) No, because it is a private company
(b) No, because it is an unlisted company and it has net-worth less than
` 500 crore
(c) Yes, because despite being unlisted company its turnover is above ` 500
crore
(d) Yes, because the company meets the threshold criteria having net profits
exceeding ?5 crore in the immediately preceding financial year
148
3. What is the implication of the fact that Prakash Limited has not paid dividends
for the last four years while having free reserves?
(a) The company is in violation of the Companies Act, 2013, for not declaring
dividends.
(b) The shareholders can legally challenge the management for not utilizing
free reserves for dividends.
(c) There is no legal obligation to declare dividends even if the company has
free reserves.
(d) The company must now use all of its free reserves to pay dividends to
satisfy shareholder demands.
4. Considering the legal provisions regarding the constitution of CSR committee
and the one constituted by Vasudha Private Limited, state which of following
the statements hold truth?
(a) Constitution of the committee is invalid because it doesn’t consist of an
independent director.
(b) Constitution of the committee is invalid because its chairperson is an
executive director.
(c) Constitution of the committee is valid because it depends purely upon
the discretion of management.
(d) Constitution of the committee is valid because company is not required
to appoint an independent director.
5. What is the minimum amount to be spent by Vasudha Private Limited on CSR
activities for F.Y. 2024-25?
(a) ` 89.06 Lakh
(b) ` 78.20 Lakh
(c) ` 75.00 Lakh
(d) ` 73.80 Lakh
Case Scenario 2
Rahul and Meenakshi, two young entrepreneurs, founded “Educom Innovators LLP”
under the Limited Liability Partnership Act, 2008, with a focus on providing digital
education solutions. Rahul brought technical expertise, while Meenakshi managed the
business operations. According to the LLP Agreement, both contributed equally and
shared profits equally. After two years of growth, they decided to admit Anshul, an
industry expert, as a partner to expand their reach. Anshul agreed to contribute
additional capital and bring industry contacts. However, shortly after joining, Anshul
discovered that certain key compliance filings, including Form 11 (Annual Return) and
Form 8 (Statement of Accounts and Solvency), were pending. Concerned, Anshul
wanted to understand his liability and insisted that the LLP immediately address the
compliance issues. Meanwhile, Rahul proposed to amend the LLP Agreement to
reflect Anshul’s new profit-sharing ratio and allocate specific decision-making powers
to him. As they worked through these matters, they consulted a legal advisor to
149
Page 4
MODEL TEST PAPER 6
INTERMEDIATE COURSE: GROUP – I
PAPER – 2: CORPORATE AND OTHER LAWS
Time Allowed – 3 Hours Maximum Marks – 100
1. The question paper comprises two parts, Part I and Part II.
2. Part I comprises Case Scenario based Multiple Choice Questions (MCQs)
3. Part II comprises questions which require descriptive type answers.
PART I – Case Scenario based MCQs (30 Marks)
Part I is compulsory
Case Scenario 1
Prakash Limited and Vasudha Private Limited (VPL) were incorporated in January
1999 by Mr. Vicky Tripathi and his family members. Both the companies are
engaged in the business of manufacturing machineries used in agricultural sector.
Mr. Vicky Tripathi and his younger brother Vinay Tripathi actively participate in the
daily operations of both the companies. Vasudha Private Limited is wholly owned
by Tripathi family, while Tripathi family has a majority stake of 51% in Prakash
Limited.
Due to the poor economic conditions in the agriculture sector and shifting of the
farmers’ focus to more advanced farming techniques, the sales of Prakash Limited
is dipping and its bottom line has been in the red for the last couple of years. The
unabsorbed loss of Prakash Limited for the current financial year is ` 9.8 crore.
Prakash Limited didn’t pay any dividends during the last four years. Prakash
Limited has accumulated profit in the form of free reserves of ` 180 crore whereas
paid-up share capital is ` 918 crore as per its latest audited financial statement
and loss of ` 9.8 crore has not been deducted from such amount of free reserves.
Since pressure from shareholders of the free float is mounting, management at
Prakash Limited decided to pay dividend this year out of accumulated profit.
Finally, the dividend was declared on 31
st
August 2024. Some of the dividend
remained unpaid as on 30
th
September 2024, on account of operation of
law; this was transferred to unpaid Dividend Account and a statement containing
only the names of such beneficiaries was hosted on the website of the company
on 9
th
November 2024.
Vasudha Private Limited is a mid-sized unlisted entity, with few branches abroad
and is not required to appoint an independent director under section 149(4). During
the immediately preceding F.Y., its net worth was ` 280 crore, turnover was ` 590
147
crore and net profit was ` 45.8 crore. The profits and other information for the
immediately preceding three years are given below:
Particulars Year ended
31.3.2024
(` in crore)
Year ended
31.3.2023
(` in crore)
Year ended
31.3.2022
(` in crore)
Net Profit for the year as per section
198 (in accordance with applicable
provisions)
41.6 42.9 28
The Board of Directors of Vasudha Private Limited is not clear whether they have
to compulsorily form a CSR committee. In order to avoid adverse legal
consequences, Vasudha Private Limited constituted a CSR committee comprising
of two (2) non-executive directors and one (1) executive director who was
appointed as chairperson of the committee.
On the basis of above facts and by applying applicable provisions of the Companies
Act, 2013 and the applicable Rules therein, choose the correct answer (one out of
four) of the following Multiple Choice Questions (MCQs 1-5, of 2 marks each) given
herein under:
1. In case of Prakash Limited, regarding the unpaid dividend, which of the
following statements is correct?
(a) Prakash Limited is guilty, of non-payment of dividend, because some of
the dividends remain unpaid even after 30 days of declaration.
(b) Prakash Limited is guilty, because the list of beneficiaries of unpaid
dividend is hosted on the website after 30 days from the date it falls in
the category of unpaid dividend.
(c) Prakash Limited is guilty, because the list of beneficiaries does not
contain the latest known address of beneficiaries and the amount
unpaid.
(d) Prakash Limited is not guilty, because it has full-filled all the provisions
of law pertaining to unpaid dividend.
2. During the current year, is Vasudha Private Limited required to constitute CSR
committee under the provisions of the Companies Act, 2013?
(a) No, because it is a private company
(b) No, because it is an unlisted company and it has net-worth less than
` 500 crore
(c) Yes, because despite being unlisted company its turnover is above ` 500
crore
(d) Yes, because the company meets the threshold criteria having net profits
exceeding ?5 crore in the immediately preceding financial year
148
3. What is the implication of the fact that Prakash Limited has not paid dividends
for the last four years while having free reserves?
(a) The company is in violation of the Companies Act, 2013, for not declaring
dividends.
(b) The shareholders can legally challenge the management for not utilizing
free reserves for dividends.
(c) There is no legal obligation to declare dividends even if the company has
free reserves.
(d) The company must now use all of its free reserves to pay dividends to
satisfy shareholder demands.
4. Considering the legal provisions regarding the constitution of CSR committee
and the one constituted by Vasudha Private Limited, state which of following
the statements hold truth?
(a) Constitution of the committee is invalid because it doesn’t consist of an
independent director.
(b) Constitution of the committee is invalid because its chairperson is an
executive director.
(c) Constitution of the committee is valid because it depends purely upon
the discretion of management.
(d) Constitution of the committee is valid because company is not required
to appoint an independent director.
5. What is the minimum amount to be spent by Vasudha Private Limited on CSR
activities for F.Y. 2024-25?
(a) ` 89.06 Lakh
(b) ` 78.20 Lakh
(c) ` 75.00 Lakh
(d) ` 73.80 Lakh
Case Scenario 2
Rahul and Meenakshi, two young entrepreneurs, founded “Educom Innovators LLP”
under the Limited Liability Partnership Act, 2008, with a focus on providing digital
education solutions. Rahul brought technical expertise, while Meenakshi managed the
business operations. According to the LLP Agreement, both contributed equally and
shared profits equally. After two years of growth, they decided to admit Anshul, an
industry expert, as a partner to expand their reach. Anshul agreed to contribute
additional capital and bring industry contacts. However, shortly after joining, Anshul
discovered that certain key compliance filings, including Form 11 (Annual Return) and
Form 8 (Statement of Accounts and Solvency), were pending. Concerned, Anshul
wanted to understand his liability and insisted that the LLP immediately address the
compliance issues. Meanwhile, Rahul proposed to amend the LLP Agreement to
reflect Anshul’s new profit-sharing ratio and allocate specific decision-making powers
to him. As they worked through these matters, they consulted a legal advisor to
149
understand how the Limited Liability Partnership Act, 2008, impacted their
responsibilities, liabilities, and compliance obligations.
On the basis of above facts and by applying applicable provisions of the Limited
Liability Partnership Act, 2008 and the applicable Rules therein, choose the correct
answer (one out of four) of the following Multiple Choice Questions (MCQs 6-8, of 2
marks each) given herein under:
6. When Anshul joined Educom Innovators LLP, he discovered that key
compliance filings, including the Annual Return and Statement of Accounts
and Solvency, were pending. What is Anshul’s liability as a newly admitted
partner concerning these past compliance lapses?
(a) Anshul has no liability for past compliance lapses since he was not a
partner when they occurred.
(b) Anshul shares equal liability for past compliance lapses because he is
now a partner in the LLP.
(c) Anshul is only liable if the LLP Agreement specifically assigns
responsibility to him for compliance.
(d) Anshul's liability for past compliance is limited to his capital contribution
in the LLP.
7. In light of Anshul’s concern about the pending compliance filings, which of the
following best describes the responsibilities of the partners in Educom
Innovators LLP regarding compliance with the LLP Act, 2008?
(a) Only the designated partners are responsible for ensuring compliance
with filing obligations under the LLP Act.
(b) All partners, including new partners like Anshul, are equally responsible
for compliance, regardless of the LLP Agreement.
(c) Compliance responsibilities can only be assigned to one partner, who
will bear full accountability.
(d) The legal advisor is responsible for handling compliance, and the
partners have no liability once they hire legal counsel.
8. Suppose in the given scenario, Educom Innovators LLP fails to file the
Statement of Account and Solvency or Annual Return for any five consecutive
financial years, which of the following could occur?
(a) Educom Innovators LLP may be wound up the Tribunal
(b) Takeover of Educom Innovators LLP by the persons appointed by the
Registrar of Companies
(c) Revocation of all partner rights until filings are complete
(d) The losses for these 5 consecutive years shall be shared equally by all
the partners irrespective of the profit sharing ratio as decided in the LLP
agreement.
150
Page 5
MODEL TEST PAPER 6
INTERMEDIATE COURSE: GROUP – I
PAPER – 2: CORPORATE AND OTHER LAWS
Time Allowed – 3 Hours Maximum Marks – 100
1. The question paper comprises two parts, Part I and Part II.
2. Part I comprises Case Scenario based Multiple Choice Questions (MCQs)
3. Part II comprises questions which require descriptive type answers.
PART I – Case Scenario based MCQs (30 Marks)
Part I is compulsory
Case Scenario 1
Prakash Limited and Vasudha Private Limited (VPL) were incorporated in January
1999 by Mr. Vicky Tripathi and his family members. Both the companies are
engaged in the business of manufacturing machineries used in agricultural sector.
Mr. Vicky Tripathi and his younger brother Vinay Tripathi actively participate in the
daily operations of both the companies. Vasudha Private Limited is wholly owned
by Tripathi family, while Tripathi family has a majority stake of 51% in Prakash
Limited.
Due to the poor economic conditions in the agriculture sector and shifting of the
farmers’ focus to more advanced farming techniques, the sales of Prakash Limited
is dipping and its bottom line has been in the red for the last couple of years. The
unabsorbed loss of Prakash Limited for the current financial year is ` 9.8 crore.
Prakash Limited didn’t pay any dividends during the last four years. Prakash
Limited has accumulated profit in the form of free reserves of ` 180 crore whereas
paid-up share capital is ` 918 crore as per its latest audited financial statement
and loss of ` 9.8 crore has not been deducted from such amount of free reserves.
Since pressure from shareholders of the free float is mounting, management at
Prakash Limited decided to pay dividend this year out of accumulated profit.
Finally, the dividend was declared on 31
st
August 2024. Some of the dividend
remained unpaid as on 30
th
September 2024, on account of operation of
law; this was transferred to unpaid Dividend Account and a statement containing
only the names of such beneficiaries was hosted on the website of the company
on 9
th
November 2024.
Vasudha Private Limited is a mid-sized unlisted entity, with few branches abroad
and is not required to appoint an independent director under section 149(4). During
the immediately preceding F.Y., its net worth was ` 280 crore, turnover was ` 590
147
crore and net profit was ` 45.8 crore. The profits and other information for the
immediately preceding three years are given below:
Particulars Year ended
31.3.2024
(` in crore)
Year ended
31.3.2023
(` in crore)
Year ended
31.3.2022
(` in crore)
Net Profit for the year as per section
198 (in accordance with applicable
provisions)
41.6 42.9 28
The Board of Directors of Vasudha Private Limited is not clear whether they have
to compulsorily form a CSR committee. In order to avoid adverse legal
consequences, Vasudha Private Limited constituted a CSR committee comprising
of two (2) non-executive directors and one (1) executive director who was
appointed as chairperson of the committee.
On the basis of above facts and by applying applicable provisions of the Companies
Act, 2013 and the applicable Rules therein, choose the correct answer (one out of
four) of the following Multiple Choice Questions (MCQs 1-5, of 2 marks each) given
herein under:
1. In case of Prakash Limited, regarding the unpaid dividend, which of the
following statements is correct?
(a) Prakash Limited is guilty, of non-payment of dividend, because some of
the dividends remain unpaid even after 30 days of declaration.
(b) Prakash Limited is guilty, because the list of beneficiaries of unpaid
dividend is hosted on the website after 30 days from the date it falls in
the category of unpaid dividend.
(c) Prakash Limited is guilty, because the list of beneficiaries does not
contain the latest known address of beneficiaries and the amount
unpaid.
(d) Prakash Limited is not guilty, because it has full-filled all the provisions
of law pertaining to unpaid dividend.
2. During the current year, is Vasudha Private Limited required to constitute CSR
committee under the provisions of the Companies Act, 2013?
(a) No, because it is a private company
(b) No, because it is an unlisted company and it has net-worth less than
` 500 crore
(c) Yes, because despite being unlisted company its turnover is above ` 500
crore
(d) Yes, because the company meets the threshold criteria having net profits
exceeding ?5 crore in the immediately preceding financial year
148
3. What is the implication of the fact that Prakash Limited has not paid dividends
for the last four years while having free reserves?
(a) The company is in violation of the Companies Act, 2013, for not declaring
dividends.
(b) The shareholders can legally challenge the management for not utilizing
free reserves for dividends.
(c) There is no legal obligation to declare dividends even if the company has
free reserves.
(d) The company must now use all of its free reserves to pay dividends to
satisfy shareholder demands.
4. Considering the legal provisions regarding the constitution of CSR committee
and the one constituted by Vasudha Private Limited, state which of following
the statements hold truth?
(a) Constitution of the committee is invalid because it doesn’t consist of an
independent director.
(b) Constitution of the committee is invalid because its chairperson is an
executive director.
(c) Constitution of the committee is valid because it depends purely upon
the discretion of management.
(d) Constitution of the committee is valid because company is not required
to appoint an independent director.
5. What is the minimum amount to be spent by Vasudha Private Limited on CSR
activities for F.Y. 2024-25?
(a) ` 89.06 Lakh
(b) ` 78.20 Lakh
(c) ` 75.00 Lakh
(d) ` 73.80 Lakh
Case Scenario 2
Rahul and Meenakshi, two young entrepreneurs, founded “Educom Innovators LLP”
under the Limited Liability Partnership Act, 2008, with a focus on providing digital
education solutions. Rahul brought technical expertise, while Meenakshi managed the
business operations. According to the LLP Agreement, both contributed equally and
shared profits equally. After two years of growth, they decided to admit Anshul, an
industry expert, as a partner to expand their reach. Anshul agreed to contribute
additional capital and bring industry contacts. However, shortly after joining, Anshul
discovered that certain key compliance filings, including Form 11 (Annual Return) and
Form 8 (Statement of Accounts and Solvency), were pending. Concerned, Anshul
wanted to understand his liability and insisted that the LLP immediately address the
compliance issues. Meanwhile, Rahul proposed to amend the LLP Agreement to
reflect Anshul’s new profit-sharing ratio and allocate specific decision-making powers
to him. As they worked through these matters, they consulted a legal advisor to
149
understand how the Limited Liability Partnership Act, 2008, impacted their
responsibilities, liabilities, and compliance obligations.
On the basis of above facts and by applying applicable provisions of the Limited
Liability Partnership Act, 2008 and the applicable Rules therein, choose the correct
answer (one out of four) of the following Multiple Choice Questions (MCQs 6-8, of 2
marks each) given herein under:
6. When Anshul joined Educom Innovators LLP, he discovered that key
compliance filings, including the Annual Return and Statement of Accounts
and Solvency, were pending. What is Anshul’s liability as a newly admitted
partner concerning these past compliance lapses?
(a) Anshul has no liability for past compliance lapses since he was not a
partner when they occurred.
(b) Anshul shares equal liability for past compliance lapses because he is
now a partner in the LLP.
(c) Anshul is only liable if the LLP Agreement specifically assigns
responsibility to him for compliance.
(d) Anshul's liability for past compliance is limited to his capital contribution
in the LLP.
7. In light of Anshul’s concern about the pending compliance filings, which of the
following best describes the responsibilities of the partners in Educom
Innovators LLP regarding compliance with the LLP Act, 2008?
(a) Only the designated partners are responsible for ensuring compliance
with filing obligations under the LLP Act.
(b) All partners, including new partners like Anshul, are equally responsible
for compliance, regardless of the LLP Agreement.
(c) Compliance responsibilities can only be assigned to one partner, who
will bear full accountability.
(d) The legal advisor is responsible for handling compliance, and the
partners have no liability once they hire legal counsel.
8. Suppose in the given scenario, Educom Innovators LLP fails to file the
Statement of Account and Solvency or Annual Return for any five consecutive
financial years, which of the following could occur?
(a) Educom Innovators LLP may be wound up the Tribunal
(b) Takeover of Educom Innovators LLP by the persons appointed by the
Registrar of Companies
(c) Revocation of all partner rights until filings are complete
(d) The losses for these 5 consecutive years shall be shared equally by all
the partners irrespective of the profit sharing ratio as decided in the LLP
agreement.
150
Case Scenario 3
In 2024, New Limited, a company specializing in international trade, needed to send
an important notice to one of its clients, Mr. A, regarding a contractual amendment.
According to the company’s internal regulations and the contract terms, the notice
had to be served by post.
On April 15, 2024, the company's legal department prepared the notice and
addressed it to Mr. A at his registered address. The notice was properly addressed,
prepaid, and sent via registered post with acknowledgment due to ensure the
highest level of confirmation for delivery.
A few days later, on April 20, 2024, the notice was returned with a stamp indicating
that it was "not claimed" by Mr. A. The legal department recorded the return of the
notice and noted the endorsement.
The company’s legal advisor referred to past case laws for similar scenarios to
ensure that the notice was considered legally served under section 27 of the
General Clauses Act, 1897. They reviewed the following precedents:
United Commercial Bank v. Bhim Sain Makhija: It was noted that merely sending a
notice by registered post without the acknowledgment due did not provide sufficient
legal protection for proving service.
Jagdish Singh v. Natthu Singh: This case demonstrated that if a notice sent by
registered post was returned with a refusal endorsement, it was considered served.
Smt. Vandana Gulati v. Gurmeet Singh alias Mangal Singh: It was established that
if a notice sent by registered post to a proper address was returned with an
endorsement like "not claimed", it was deemed served unless proven otherwise.
On the basis of above facts and by applying applicable provisions of the General
Clauses Act, 1897 and the applicable Rules therein, choose the correct answer
(one out of four) of the following Multiple Choice Questions (MCQs 9-11 of 2 marks
each) given herein under:
9. According to section 27 of the General Clauses Act, 1897, what three
conditions must be fulfilled for a service by post to be deemed effective?
(a) Properly addressed, Pre-paid, and Posting by ordinary post
(b) Properly addressed, Pre-paid, and Posting by registered post
(c) Properly addressed, Pre-paid, and Sending by courier
(d) Properly addressed, Pre-paid, and Hand delivery
10. In the case of United Commercial Bank v. Bhim Sain Makhija, why was the
presumption of service under registered post found to be insufficient?
(a) Because the notice was sent by ordinary post
(b) Because the notice was sent by registered post but not with
acknowledgment due
(c) Because the address was incorrect
(d) Because the recipient did not respond
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