
Topics Discussed
1 Mark Questions
Q1: What is the first step in the formation of a company?
Ans: The first step in the formation of a company is Promotion.
Q2: What is the minimum number of members required to form a private company?
Ans: A minimum of 2 members is required to form a private company.
Q3: Name the document that contains rules and regulations for the internal management of a company.
Ans: Articles of Association (AoA).
Q4: Which document is known as the “Charter of the Company”?
Ans: The Memorandum of Association (MoA) is known as the “Charter of the Company.”
3-4 Marks Questions
Q5: Explain the stages in the formation of a company.
Ans: The formation of a company involves the following stages:
- Promotion: The idea of the company is conceived, and the business plan is prepared.
- Incorporation: The company is legally registered under the Companies Act.
- Subscription of Capital (for Public Company): The company raises funds by issuing shares to the public.
- Commencement of Business (for Public Company): The company starts operations after receiving the Certificate of Commencement.
Q6: Differentiate between a Memorandum of Association and an Articles of Association.
Ans:
Basis | Memorandum of Association (MoA) | Articles of Association (AoA) |
---|---|---|
Purpose | Defines the objectives of the company | Defines rules for internal management |
Alteration | Requires special approval | Can be altered easily |
Status | Fundamental document | Secondary document |
Q7: What are the different types of companies based on liability?
Ans:
- Companies Limited by Shares: Liability of members is limited to the unpaid value of shares.
- Companies Limited by Guarantee: Members’ liability is limited to a pre-decided amount.
- Unlimited Companies: Members have unlimited liability.
5-6 Marks Questions
Q8: Explain the contents of the Memorandum of Association.
Ans: The Memorandum of Association includes:
- Name Clause: States the registered name of the company.
- Registered Office Clause: Specifies the company’s official address.
- Object Clause: Defines the main objectives of the company.
- Liability Clause: Specifies the liability of members.
- Capital Clause: States the company’s authorized capital.
- Association Clause: Declares the willingness of promoters to form the company.
Q9: Discuss the documents required for the incorporation of a company.
Ans: The following documents are required:
- Memorandum of Association (MoA).
- Articles of Association (AoA).
- Declaration by professionals stating compliance with rules.
- Consent of Directors.
- Address proof of the registered office.
- Statutory fees and application form.
Q10: What is the difference between a Private and a Public Company?
Ans:
Basis | Private Company | Public Company |
---|---|---|
Minimum Members | 2 | 7 |
Maximum Members | 200 | No limit |
Share Transfer | Restricted | Free |
Issue of Prospectus | Not required | Required |
Minimum Directors | 2 | 3 |
Conclusion
The formation of a company is a structured process involving legal procedures. Understanding key documents and legal formalities is essential for forming a company successfully. These questions cover all important aspects to help students prepare effectively for exams!