Friday, November 16, 2012
Wednesday, November 14, 2012
BEE-Darshan part 3
- Sec 4. Indian Partnership Act 1932 defines partnership.
- It is a relation between persons.
- The name of the business is called a FIRM.
- Partnership deed lays down the terms and conditions of the partnership deed.
- Partners agree to share the profit and losses of the firm.
- page 188
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- Page 159/page 168
- The term member and shareholder are synonymous.
- Receiving dividends is group right of shareholders. No Not at all. (False)
- Preference shareholders have right to vote on every resolution of the company. no .Not at all.( false)
- Statutory report is certified by only two directors. (False)
- The notice of statutory meeting is sent at least 21 days
- before the meeting. True
- A business can be transacted at a meeting even it is not
- mentioned in agenda. True.
- A board meeting can be held anywhere.(true)
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- page 302
- Promissory Note:
- An instrument in writing
- contains an unconditional order
- signed by the maker
- To pay a certain sum of money
- only to or to the order of a certain person
- or to the bearer of the instrument.
- Bill of Exchange.
- It is an instrument in writing.
- it contains an unconditional order.
- signed by the maker
- DIRECTING a certain person to pay
- a certain sum of money
- only to or to the order of a certain person
- or to the bearer of the instrument.
- Holder
- is a person entitled in his own name
- to the possession of a promissory note/ bill of exchange/ and cheque.
- and to receive
- and to recover the amount due thereon from the parties.
- Holder in due course.
- is generally a person
- who for consideration became
- a possessor of a promissory note/bill of exchange/or cheque.
- Sec. 13(1) defines the Negotiable Instrument.
- cheque is always drawn on a bank and it includes truncated and electronic one.
- http://www.thefreedictionary.com/truncated
- Liability of the drawer to compensate the holder in case of dishonor is primarily provided under sec. 30.
- http://en.wikipedia.org/wiki/Negotiable_Instruments_Act,_1881
30. Liability of drawer
The drawer of a bill of exchange or cheque is bound in case of dishonour by the drawee or acceptor thereof, to compensate the holder, provided due notice of dishonour has been given to, or received by, the drawer as hereinafter provided31. Liability of drawee of cheque.-
The drawee of a cheque having sufficient funds of the drawer in his hands properly applicable to the payment of such cheque must pay the cheque when duly required so to do, and, in default of such payment, must compensate the drawer for any loss or damage caused by such default.A negotiable instrument made.drawn accepted endorsed or transferred without consideration or for a consideration which failscreates LIABILITY of payment between the parties to the transaction.
BEE-Darshan 2
- No formalities required to form a company. Wrong
- http://www.slideshare.net/technomgtsood/formation-of-a-company
- A company dies with the death of a shareholder.... no not at all.
- Shareholder"s liability is limited. yes.
- The company can own properties in its own name. yes correct.
- Company is managed by the elected representatives of shareholders. true and correct.
- Page 139
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- Director Identitification Number is a must
- under sec 266 B. yes
- Number of directors cannot exceed 12 . if needed more then Central govt. approval required. yes true.
- page 156.
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- Partnership.
- Page 193
- Number of partners not to exceed 10 in the case of a banking firm and not to exceed 20 in the case of a trading firm. true
- There must be written agreement between partners. not correct. it can be verbal too.
- It is compulsory to register a firm.
- Not necessary. Not required.
- No partner can transfer his shares to any other without the consent of other partners. true and correct.
- Partnership firm has NO separate legal entity.Correct and true.
- ___________________________________
- Page 275
- In the right of lien the possession is retained
- by UNPAID SELLER. correct.
- According to consumer protection act 1986
- goods means which is defined under
- SALE OF GOODS ACT 1930.
- A club or society is an ASSOCIATION of persons.
- Registration of a firm is not compulsory.
- Relation between a doctor and a patient
- not fiduciary in nature. False and wrong.
- http://dictionary.reference.com/browse/fiduciary
- illegal agreement and unenforceable agreement are not one and the same.
- True and correct.
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- Page 283
- A negotiable instrument is freely transferable. yes correct and true.
- A bill of exchange must be in writing. yes
- There are 3 different parties to a Bill of Exchange. right,correct and yes.
- Holder and Holder in due course are different. yes and true.
- Holder means any person entitled in his own name to the possession of the negotiable instrument and to recover or receive the amount due thereon from the parties thereto.
- A holder in due course on the other hand, means a holder who takes the instrument in good faith for consideration before it is overdue and without any notice of defect in the title of the person who transferred it to him.
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BEE-Darshan
- Business started by one person- sole proprietor
- The business is not managed by the employees.
- Not suitable for mfg. steel
- Shopkeepers are mostly sole proprietors.
- No risk is shared by the employees.
- page 24
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- In HUF( Hindu undivided family) business
- Anybody cannot be a member.
- The manager is the Head of the family
- known as KARTA.
- Business will be continued even on co-parcener's daeth.
- member of the HUF. Only male member from birth. Parcener.
- It can continue even on the death of the Karta. The eldest family member will become the Karta.
- HUF. comes into existence by the
- Hindu Inheritance law.
- http://www.lawyersclubindia.com/articles/Inheritance-under-Hindu-Law--4148.asp#.UKNhO4dfGa8
- http://en.wikipedia.org/wiki/Hindu_Undivided_Family
- page 26
- http://www.assettreat.com/2011/01/complete-information-on-hindu-undivided.html
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- page 30
- Partnership firm requires atleast TWO persons.
- Partners liable JOINTLY AND SEVERALLY liable for the debts of the firm.
- Registration is NOT COMPULSORY.
- CONTRACTUAL RELATIONS between partners,
- The owner in the partnership business is
- known as PARTNER.
- The business is collectively known as
- FIRM.
- http://www.mca.gov.in/Ministry/actsbills/pdf/Partnership_Act_1932.pdf
- http://www.mponline.gov.in/Quick%20Links/FirmsAndSociety/IPA1932English.pdf
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- Page 33
- The company has PERPETUAL succession.
- It is managed by DIRECTORS.
- elected by shareholders.
- If the area of operation is WIDE the company form is preferred.
- Shares of Joint stock company may be LISTED in the stock market.
- http://www.advocatekhoj.com/library/bareacts/companies/index.php?Title=Companies%20Act,%201956
- http://www.vakilno1.com/bareacts/companiesact/companiesacts.htm
- http://jointstockcompany.net/
- http://en.wikipedia.org/wiki/List_of_companies_of_India
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- Page 40
- members get a fixed rate of dividend from profits. No not at all.
- http://www.indiankanoon.org/doc/1987748/
- Society can enter into contracts without the consent of all members. correct.
- Society has a VOLUNTARY life.
- Membership is OPEN to all.
- Primary motive is to SERVE AND BENEFIT the members.
- Minimum number of persons required to form a co-operative society. is 10 TEN
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- Page 59
- Scale of business.
- Public sector. three forms of organization.
- Departmental, Statutory and Govt. company.
- Is micro and small enterprise same? No.
- http://msme.gov.in/
- http://www.and.nic.in/C_charter/indust/msmeact2006.pdf
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- Page 117
- http://en.wikipedia.org/wiki/Ratio_decidendi
- Customs HAVING sanction are those customs which are enforced by the state.
- principle of Judicial decision only authorization is known as Ratio Decidendi.
- A custom to be valid be proved to be immemorial but may not be ancient is not correct. it is False.
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