THIRD EDITION

With Additional Questions as on 22-June

DECODING
CA FINAL SET-A
CORPORATE AND ECONOMIC LAWS
Covered 300+ Repeatedly Asked Questions with Answers
(~85% Strike Rate of ~18-22 questions in exam)
Sureshot way to score 50+ marks !!

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 Company Law
Sr No. Questions Answers
1 Can a SSD eligible for reappointment Not Eligible
2 Can SSD be appointed in a competing business No

Whether SSD appointed in one company for period of 3 years ad he was Yes, he can apointed in Maximum 2 companies
3 appointed also in another company for the period of 2 year. Can he provided other company should not in compete
appointed to do so? business with first company

Can a SSD appointed as Human resource manager during the cooling

4 No
period?

5 Non Executive Managerial Remuneration if Effective capital is 245 crs 24 Lakhs

Can CFLO be given in case of Removal of MD during Winding Up due

6 No
to default of director
7 Is Quorum of Directors should be present in the beginning.(174) No. through out the meeting
Normal: 1/3rd or 2 director
8 Section 174, Quorum vs SEBI Quorum
SEBI: 1/3rd or 3 director including 1 ID
9 Quorum of Sec 8 Company 8 member or 25% of total W.E. lower
Listed;
PUSC>=50Cr;
10 Applicability of Secretarial audit (204)
T/O>=250Cr;
O/s Loan/Borrowing>=100cr
Removal of Director & Special Notice at least
11 Circumstances where Special Notice by members is required (169)
14 days before meeting
Is it mandatory for private company to maintain sec 189 register even if it
12 Yes
complied with AR & FS?
which resolution pass to increase limit of max no of directors (more than
13 Special Resolution
15 director)
By which resolution, board can exercise power related to sell, lease or
dispose of undertaking of company (180)
14 or A company wishes to dispose of part of its undertaking under two Special Resolution for both
different schemes: Dispose of 6% undertaking and Dispose of 22%
undertaking under a compromise scheme.
15 Can Women director sitting fees lower from other directors? No
16 Approval regarding borrowing by director. (185) Member's Special Resolution
17 When RBC considered as deemed passed? (175) Approved by majority of Directors
>=1/3 of total director require that resolution
18 When resulution of RBC put up in meeting? (175)
decided in meeting
Whether Political contribution can be approved by board through
19 No
resolution by circulation? (175)
20 Question related to Proportional representation (163) 2/3 and 3 years
21 Penalty on contravention of duties of Directors(166) Rs. 1 lakh to 5 Lakh
22 Penalty if director continue to function when office if vacated (167) Rs. 1 lakh to 5 Lakh
23 No. of days in which office need to vacated from the date of order 30 days

No unless a proposal is passed without any vote

24 Can 2 or more director be appointed by single resolution in GM? (162)
caste against it for that resolution

Whether appointment of 3 directors via single resolution is valid if

Yes, as complied "without any vote being case
25 around 90% of members who were present at meeting voted in favour &
against it"
balance 10 % abstained from voting? (162)
26 Validity of Resolution passed in contravention of sec 162 Void Always

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 Company Law
Sr No. Questions Answers
Sec 162 applicable to which of these Companies :
27 a)Sec 8 Co., b) Govt Co., Section 8 Company
c) Subsidiary of govt co, d)Pvt co.

Notice for meeting sent 15 days before date of meeting & it mentioned invalid because timelimit is 1 month & notice
28
the options to vote as - vote by self / proxy - whats validity of notice? didn't mention option of post ballot

Whether Waiver of the excess remuneration paid is possible & whats

29 By passing Special Resolution & within 2 years
time limit ?
30 Can director hold excess remuneration without necessary approval? Yes & hold it in trust of Company
Can Company make alteration in MOA which is inconsistent with
31 yes with leave of tribunal
alteration already made by tribunal- options
32 Class Action (sec 245) is not applicable to whom? Banking Company
If company removed such employee without getting permission from
33 Not valid as the investigation is pending
tribunal, is the act valid?
PQR Limited contention regarding no approval
PQR Limited filed with NCLT to terminate an employee during
received within 30 days then company can
34 proceedings. No objections were received within 30 days, and now the
proceed to take proposed action against the
company is debating if they can proceed with the termination.
employee is correct
BCL Limited received an objection from the NCLT under section 218 for Company or person concerned may, within a
35 taking action against an employee. The company is considering appealing period of 30 days of receipt of notice of
the objection objection, prefer an appeal to NCLAT
Normally appeal against order of NCLT to whom & within how many
36 To NCLAT within 45 days (+45 days extention)
days ? (other than section 218)
Mr. A is director of ABC Ltd. Brother of Mr A holds exactly 2% of
37 PUSC in another company. Whether another company is related party to No
ABC Ltd?
38 Can ID be appointed for 3rd term, any cooling period applicable ? No & Cooling Period: 3 Years
Whether a person related to promoter of a company be appointed as ID in
39 No
that co. or its subsidiary.
40 Calculation of donations to Charitable funds limit 5% of avg 3 yr net profit
41 Minimum no. of director in Top 2000 listed entities 6 Directors
Report of Registrar u/s 208, SR by Co., Public
42 Sec 212,Cases when CG will appoint SFIO for investigation
Interest, Request by CG SG Dep.
Period of custody of Inspection books vested by civil court
43 or How many days inspector can keep records and documents during 180 days
inspection/ investigation?
Sec 219, whose prior permission is required for inspector to investigate
44 Central Government
subsidiary co.?
Having Share Capital: Lower of - 100
members or
1/10th of total members;or 1/10th of total
45 Sec 244, minimum requirement for application to Tribunal
issued capital
Not having share capital: - 1/5th of total
members

The Registrar of Companies (RoC) suspects a company of fraudulent

46 activities. What powers does the RoC have to conduct an investigation, Central Government
and where can the RoC approach if further investigation is required?

47 Min. No. Of directors in dormant public co 3 Director

48 Form for Getting status of active co. MSC 4

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 Company Law
Sr No. Questions Answers
Company didn't have any SAT (ROC fees is not SAT) during last 2 years.
49 Inactive Company
Is it active/inactive/ dormant/defunct company?
ROC to strikeoff name of dormant co from register if it remains dormant
50 5 years
for how many year?
Fail to file of financial statements/annual reports for how many
51 2FY
consecutive years to consider as dormant company
Penalty: 50,000
52 Sec 247 - Reg.Valuer penalty in both cases In case of defraud: Jail upto 1 year & fine: 1
lakh to 5 lakh
45 days & 60 days(in question of law only)
53 Sec 421, No. of days in which Appeal can be made to NCLAT & SC
respectively
sec 420, whether rectification can made by NCLT if any appeal is
54 No
preferred in NCLAT
55 Submission of report by Company Liquidator to tribunal within 60 days
Who may be appointed as provisional liquidator or company liquidator
56 IP required under IBC
by tribunal?
Liability of contributories who transferred partly paid up shares before 1 the company has to duly notify the amount due
57
yr of WUP on shares/debentures to the transferee
Who can be appointed as RV out of 4 options
a). PROI b). imprisoned for 2 months,
58 imprisoned for 2 months
c). imprisoned for 7 months, d). valuation exam passed beyond 3 yrs
related
Sec 236, If Minority shareholder offered a price for purchase of share &
59 not disposed within stipulated time, he will able to receive the amount Disbursement shall continue for 1 year
upto?
If the director is removed by a tribunal considered unfit, the period for
60 5 years or less than 5 years as specified.
disqualification
Whether NR can be a Registered valuer Inspection of company
61 No, only resident in India
subsidiary
62 Sec 230- How many days in which order of tribunal file with roc 30 days
63 No. Of Directors to be retire by rotation 1/3rd out of Rotational Director
AA Ltd. had its name removed by the ROC. The stakeholders want to
Yes, Person aggrieved by order of ROC within 3
64 know the time limit for filing an application for restoration with the
years
NCLT.
65 Time Limit on AA to admit the application of winding up 90 days
66 who can be contributories in case of winding up (272) Holder of fully paidup share
Advisory committee consitute how many number of members in Winding
67 Maximum 12 member
Up
Cost and expenses of winding up fall in which sequence of payment as first payment: Workmen dues
68
per winding up Second payment: Cost & Expense
69 Under compromise, who ordered for the meeting of creditors Tribunal
Objection to compromise raised by a shareholder holding 15% & creditor Valid because sh holder has 10% or more or
70
holding 9% debt - whether valid? creditor has 5% or more
W.r.t. the manner of utilisation of undue gain recovered which of these is Order for repay money to Company in which
71
NOT power of tribunal? person was employed
72 Tenure of FD Granted by Nidhi Co. 6month to 60 month
Amount of Loan that can be given by Nidhi Co. if deposit is less than 2
73 2 lakh
crore
74 Amount of Deposits that can be accepted by Nidhi co. Not more than 20 times of NOF

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 Company Law
Sr No. Questions Answers
X & Y have shares of nidhi company jointly in their names and in the
Y, because his name appear first in Register of
75 application X name appears first while in the register of members Y
member
name appears first. To whom the loan can be given?
76 In case of Nidhi company dividend paid should be___ not more than 25%
Nidhi Co & Officer in default
77 Nidhi company penalty Fine upto Rs. 5,000 & further fine of Rs.
500/day
78 Reappointment of Nidhi company directors only after Cooling period of 2 years
Case Study related to Nidhi Company:
Paid up SC: 23Lakh
Free Reserves: 2 Lakh
A1: 3.5Cr
79 Assets : 10 Lakh
A2: 2Lakh
Deposit accepted till now: 1.5 Cr
Q1: Maximum additional deposit it can further accept
Q2. Amount of loan it can be given if deposit of member are 1.5Cr
Case Study:XYZ Nidhi Company has the following financial details:
Paid-up Share Capital: INR 10 crores Net Owned Funds:
Free Reserves: INR 2 crores Paid-up Share Capital + Free Reserves -
80 Accumulated Losses: INR 1 crore Accumulated Losses
Investments in other Nidhi Companies: INR 1 crore NOF: 11 Crore
Question:Based on the above information, calculate the Net Owned Effective Capital: 10 crore
Funds and Effective Capital.
What a nidhi co can do?
A) Open savings acc with members b)open current acc with
81 members, Open savings acc
c) accept deposit from non members, d) Buy secturies of body
corporates
Member having>= 10% PUSC or
82 Who can raise Objection to compromise scheme
Crs having O/s debt>=5% of total
Case Study:ABC Ltd. has the following financial details:
Equity Share Capital: INR 50 crores
Preference Share Capital: INR 10 crores
Free Reserves: INR 30 crores
Effective Capital =
Securities Premium: INR 20 crores
83 INR 60 crores + INR 30 crores + INR 20 crores -
Accumulated Losses: INR 5 crores
INR 5 crores - INR 2 crores = INR 103 crores
Preliminary Expenses not written off: INR 2 crores
Question:Based on the above information, calculate the effective capital
for determining managerial remuneration as per the Companies Act,
2013.
Case Study:XYZ Ltd. has provided the following details:
Net Profit (as per Section 198 of the Companies Act, 2013): INR 200
crores Net Profit: INR 200 crores
84 Managerial Remuneration limit as per Section 197 of the Companies Act, Permissible Managerial Remuneration: 11% of
2013: 11% of the Net Profit INR 200 crores = INR 22 crores
Question: Determine if the provided profit is correct and calculate the
permissible managerial remuneration.

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 Company Law
Sr No. Questions Answers
Case Study:PQR Ltd. has incurred a loss and provided the following
details:
Effective Capital: INR 50 crores
As per Schedule V of the Companies Act, 2013, the remuneration can be
85 84Lakh
paid up to INR 60 lakhs if effective capital is between INR 5 crores to
INR 100 crores.
Question:Based on the above information, calculate the permissible
managerial remuneration.

A director has the following directorships:

Maximum directorships in public companies
7 public companies
(including subsidiaries of public companies): 10
2 unlisted companies
Maximum directorships in private companies:
3 private listed companies (out of which some are subsidiaries or holding
86 20
of public companies)
Given the director already has 7 directorships in
Question:
public companies, he can accept up to 3 more
How many directorships can he accept in public and private companies
directorships in public companies.
as per Section 165 of the Companies Act, 2013?

87 Can a Non resident person become MD of Indian Company? Yes with approval of CG
Legal position of Mr. Jack (NR) for being appointed as MD of company Valid, as condition of resident of india not
88
which is in SEZ applicable to SEZ company
Co: 5X amount contributed
89 Penalty in case of violation of provision of political contribution (182)? Officer in default: Jail 6 Month and 5X amt
contributed

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 SEBI ACT, LODR, Insider Trading
Sr No. Questions Answers
1 Sebi due date for submitting corporate Governance report 21 days
Intimation to SEBI before ______days of BoD meeting in case of
2 11 days
alteration of share holders rights
3 Filing of investor grievances within ___ 21 days
4 Prior intimation of Board meeting for buyback 2 days

Before how many days one has to intimate to RSE about convening
5 11 days
BM if the purpose of BM is to alter Rate of interest of securities

Chairperson of Sebi Can be Removed by whom and for how much CG can remove any time by giving 3
6
time prior notice is required month notice or salary
7 Period of Custody of books of account in case of investigation 6month
SEBI needs to obtain confirmation of an attachment from a special
8 90 days
court within a specified period.

9 Confirmation of attachment of Bank Account or property taken from Special Court

10 Validity of appointment of Chairman & members 5 year, Max at the age of 65 year
Min 3 member
11 Composition of audit committee in LODR at least 2/3rd Independent
All financial literate & 1 expert
In case of changes to annual report, time limit to report to Stock
12 48 hours of AGM
exchange
Min ₹1L to Max. 5 times of excess
13 Penalty on Stockbroker for excess charges
brokerage charged
14 Penalty on Stockbroker for non delivery/non payment Min 1L & 1L/day Upto Max. ₹1 cr
Min ₹10L to Max. Higher of
15 SEBI insider trading penalty
₹25Cr or 3x profit made
Min ₹5L to Max. Higher of
16 Penalty for unfair Trade practices?
₹25Cr or 3x profit made
A person is found guilty of insider trading. What actions can SEBI
take against them?
17 a) Impose penalties. b) Debar from holding All of the above
directorial positions.
c) Initiate prosecution. d) All of the above.
No. of ID required on board of listed co if chairperson is NED who
18 1/2nd
is related to promoter
Director (Not ID), Employee,
19 What does "related to promoter" means in case of listed company
Nominees

20 LODR: Minimum No. of BoD in case of Top 2000 listed companies 6 directors

21 Lockin for Promoters contribution post IPO 20% post capital & for 3 years
Lockin for promoters holding in excess of minimum promoters
22 1 year
contribution
23 Min & max no of days for which IPO to be kept open 3 to 10 Working days
24 Penalty for failure to address grievances Min 1L & 1L/day Upto Max. ₹1 cr
Insider trading disclosures are to be maintained by company for
25 5yrs
minimum how many years

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 SEBI ACT, LODR, Insider Trading
Sr No. Questions Answers
Lead manager to submit post issue report as given in which part &
report - PART A of sch XVII, DD
26 which schedule along with DD certificate in which format & within
certf - Form F, 7 days
how many days of allotment?
When issuer shall arrange for CRAs to monitor the usage of issue
27 issue size > 100 crore
proceeds?
Yes but Co should give such details
Grievance redressal - Company filed with RSE a statement giving the AT EACH STAGE of the quarter - like
28 no of investor complaints remaining unresolved AT THE END OF pending at the beginning, received &
the quarter. Is it right? disposed of during the quarter &
pending at the end

Case Study:A CA, who is an auditor of DEF Ltd., learns of

significant unpublished price-sensitive information (UPSI) about the
Yes, this action constitutes insider
company. He passes this information to his friends before it is made
trading.
29 public.
Penalty: Rs 10 lakh upto higher of:
Question:Determine if this action constitutes insider trading and
25 crore or 3X profit made
state the penalty as per SEBI (Prohibition of Insider Trading)
Regulations, 2015.
For a company to be eligible to make an Initial Public Offering
30 3 Crore in each of 3 preceeding year
(IPO), what should be the minimum net tangible assets?
Case Study:ABC Ltd. is planning to make a public issue and is the price offered to anchor investors
31 considering offering shares to anchor investors. As per SEBI should be the same as offered to the
regulations, what should be the price offer to anchor investors? public.
Mr. X is a director in several companies and is also a member of
various committees in these companies. He is currently a member of
32 12 committees across different companies. 10 committee
Question:As per SEBI regulations, what is the maximum number of
committees a director can be part of?

Case Study:SEBI has ordered the attachment of bank accounts of

XYZ Ltd. due to non-compliance with regulatory requirements.
33 For failure to pay fines
Question:Under which circumstances can SEBI attach the bank
accounts of a company?

PQR Ltd., a listed company, is preparing its quarterly compliance

report for submission to SEBI.
34 Within 15 days of the quarter end
Question:By what date must the quarterly compliance report be
submitted to SEBI?
By what date must the quarterly compliance report be submitted to
35 Within 45 days of the quarter end
Stock Exchange
Penaly of Section 15EB, Where Investment/ research analyst failed
36 Min 1L & 1L/day Upto Max. ₹1 cr
to comply regulation

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 FCRA
Sr No. Questions Answers
Whether Educational Contributions from foreign university to be
1 Yes
Considered as Foriegn Contribution
Charitable trust applied for registration. Certificate of registration issued
2 on 15.9.23. It is sent via post. Trust received it on 17.9.23. This Reg 14.09.2028 (5 year from the date of issue)
Certificate is valid upto ?
3 Cooling period in case of surrender/cancellation of COR 3 years
FC from relatives more than 10Lakh in FY then inform to CG in which
4 FC-1 & within 3 months
form?
5 Certificate of registration valid for 5 years
6 Scholarship received from foreign university Exempt
In case of emergency medical aid of more than 1Lakh then intimate to CG
7 1 month
within___
8 FCRA Account open in which bank for receiving FC SBI, New Delhi
9 Period of Suspension of COR 180 Days (+180 days extended)
10 Renewal of Certificate of Registration within_______ 6month before expiry
11 Person aggrieved from confiscation of FC may appeal to ____ High court within 60 days
12 Fee of compounding or revision of order (only online mode) Rs. 3000
Case Study: Y (India) sold goods to X (Singapore). X came to India. X
bought a ring in India for RS 90,000. Y called X for dinner, and X gave
13 that ring to Y. X made payment to Y for the goods, and Y gave a cheque
to X for the travel cost. X took that ring to market for its valuation and it
was 1,10000. X's wife is using that ring.
Yes. as per its market value it is more than
14 Qs 1. Ring given by X to Y is foreign contribution? 1,00,000 and he did the valuation the same
day.
No, as it is payment in normal course for
15 Qs 2. Money Paid by X to Y is a foreign contribution.
goods and services
No as FH is in cash or kind taken outside
16 Qs 3. Is the cheque given by Y Foreign Hospitality?
India
Sec 4, Is scholarship provided by foreign university to PRI comes under
17 Yes
FC
Sec 14A, If FCRA registration is surrendered, it is deemed to have
18 Date of acceptance by CG.
expired/effective date of surrender on___
Sec 14A, cooling period for fresh reg. once existing registration is
19 3 year
surrendered
Sec 15, Upon Surrender/Cancellation Whether banking authority can
20 Yes
utilize/dispose the assets of FC.
21 Bank shall report receipt of FC to whom to within how many hours? CG (Not RBI) within 48hr
22 Bank report to CG of transaction relating to_ Receipt & utilisation of FC
A person received 25 lakh FC in FCRA acc in delhi sbi & then transferred Can receive FC only in FCRA Acc - so 25
10 lakh to his non fcra acc for utilization. He also received 5 lakh FC in lakh valid, but 5 lakh violates Act and one
23
his non fcra acc with canara bank. Which of these 3 transactions are can transfer money to Non FCRA Acc for
violates FCRA Act? utilization. So 10 lakh valid
Mr. X received FC in personal Capacity and used it for Gold Deposit
24 No
scheme. Can he use?
Can religious trust receive donation from foreign source without FCRA No, trust receive funds from foreign sources
25
account? into their FCRA account only
In case of Best Trust, dispose of the assets
Related to Case Study: What should a bank authority do on the direction
26 created out of FC; for Great Trust, utilize the
of the Central Government in case of Best Trust and Great Trust?
FC.

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 FEMA
Sr No. Questions Answers
Aprroval from which ministry req in case of remitance of prize Human Resources Department (Department of
1
money/sponsorship Youth Affairs & Sports)
2 P&I club threshold limit exceeded - Permission from which authority? Ministry of Finance (Insurance Division)
Ministry of Surface Transport (Director General of
3 Container Detention Charges exceeded - Permission from which authority?
Shipping)
4 Time taken by AA to dispose complaint from the date of receipt within 1 year
5 ODI to be made from which channel? Bank and Financial Institutions
6 Limit for LRS+CAT $250,000
upto $2000: No time limit
7 Time limit of returning unused forex to Government
above $2000: 180 days
Domestic company purchase commercial or residencial building required
8 RBI
permission of whom?
9 Commission to agent O/s india for sale of residential plot in India 5% or $25000
ABC Ltd. is planning to pay a commission to an agent abroad for facilitating an
export transaction
10 USD 50,000
What is the maximum commission ABC Ltd. can pay if the inward remittance
is USD 10,00,000?
Whether an Indian company can purchase residential property abroad and
11 whether the indian company can purchase office abroad? If yes, then with Yes, without permission of RBI
/without permission of RBI.
Whether foreign citizen & Indian citizen can purchase residential house in
12 Yes
abroad without permission of RBI if they both are non residents?
Case Study:ABC Ltd. has earned a commission from the sale of real estate
property to a foreign entity.
13 Yes
Question:Is the commission earned from the sale of real estate to a foreign
entity subject to FEMA regulations?

A person resident outside India wishes to invest in real estate in India. What are Prior approval from the Reserve Bank of India
14
the limits and prior approvals required as per FEMA regulations? (RBI)

Can PRI invest in foreign company whose biz is real estate of construction & Prohibited.
15
leasing residential complex Require prior permission of RBI
16 Case Study : ECB
Normally: 3 years
1) MAMP of ECB raised by manufacturing Co for working Capital purpose of Manufacturing Co less than $50M : 1 year
17
USD 55 million Taken for WC purpose: 10 year
So, MAMP = 10 years
18 2) eligible amt of ECB loan $750M
19 3) whether ruppee ECB used for repayment of loan taken in India Permitted but refinancing not allowed
4) Whether ECB permitted for buying land or engaging in real estate activities
ECB is not permitted for buying land or real estate
20 in India? If permitted, what is the Minimum Average Maturity Period
activities.
(MAMP)?
21 MAMP for ECB raised upto 300 crore for the purchase of P&M? 7 years
at rate prevailing on date of agreement for such
22 5) What exchange rate to be used to convert FCY ECB into INR ECB change or at a rate less (not more) than that
prevailing rate if agreed by lender
$100000 - Human Resources Department
23 Sponsorship of Sports activity limit and approval
(Department of Youth Affairs & Sports)
Whether Foreign Office controlled by PRI is PRI/PROI
or
24 Mr. Harsh, residing in India, established ABC Limited and later opened a PRI
branch in Australia named AUS for warehousing purposes, controlled by him.
What is the residential status of AUS?
While importing any product, what is the maximum time limit for making
25 3 years.
payment without interest? .

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 FEMA
Sr No. Questions Answers
A person has come to India for a job. As per FEMA regulations, what is the
26 INR 250,000.
maximum amount he can export without permission?
XYZ Ltd. has contravened the foreign exchange limit by making a payment of
penalty up to three times the sum involved in
USD 3 lakhs without proper authorization under FEMA.
contravention, where such amount is up to Rs.
27 Question:
2,00,000
What is the penalty for contravention of the foreign exchange limit under
Penalty: ₹2,00,000
FEMA?
Yes & penalty up to three times the sum involved
Mr. X sent through authorised dealer $2,80,000 to his daughter for study.
in contravention, where such amount is up to Rs.
28 College fee is $1,00,000 w/o approval under LRS scheme. Did Mr. X
2,00,000
contravene $250000 FEMA rule, if yes then penalty?
Penalty: ₹2,00,000
If he has indian citizenship (NRI) then not
Donation of Rs. 10 lakh by a person working abroad from his own personal
29 considered as FC
savings to his college in india in which he has studied, in the college alumini
otherwise treat as FC

Estimated foreign education fee- $200000 invalid as , limit under Schedule 3 funder LRS is
30 Send for personal expense - $60000 _ 250000 and and hence contravention of act and
Need to guide the sender the limits under FEMA, 1999 under Schedule 3 penalty ₹200000

Mr. Narayana, residing in Australia, wants to purchase a duplex house in India Mr. Narayana must obtain prior approval from the
31 and transferred the required amount to a partnership firm to facilitate the Reserve Bank of India (RBI) for transferring funds
purchase. to a partnership firm.

Mr. X, a non-resident residing in America, purchased properties in America. Mr. X must obtain permission from the Reserve
32 He has now come to India and wants to settle here. He intends to sell the Bank of India (RBI) for repatriating the sale
properties in America and invest the proceeds in foreign securities. proceeds and investing in foreign securities

John to remit his salary without requiring special

John, a foreign national, has come to India on a work visa for a job with a
permission, the maximum amount is set at INR
multinational company. He earns a monthly salary of USD 3,000. During his
244,000.
stay, John wishes to remit a portion of his earnings back to his home country to
33 support his family. He wants to ensure that the remittance does not exceed the
& Since INR 243,990 is slightly below the limit of
regulatory limits set by the Foreign Exchange Management Act (FEMA)
INR 244,000, John can remit his entire monthly
without requiring special permissions. For the purpose of this case study, the
salary of USD 3,000 without requiring special
exchange rate is 1 USD = 81.3333 INR.
permission from the authorities.

ODI investment in co., which is engaged in selling and leasing of residential

and commercial properties
Option a) ODI can be made by PRI,in such co engaged in real estate activity,
after approval from CG
34 ----------
Opt b) can't be made , as such co is engaged in leasing of commercial property
which is a real estate activity
Opt c) can't be made, as such co. Is engaged in real estate activities and selling
of residential houses is a real estate activity

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 IBC
Sr No. Questions Answers
1 In how many days public notice to be given after appointment of IRP 3 days
2 Conduct of CoC meeting within ____ of its Constitution 7 days
3 Time limit to file appeal against order of ED 30 days
4 In how many days NCLT accept the admission of application 14 days
5 Approval or disapproval communication by NCLT in ______ 7 days
6 IRP name to be proposed to? NCLT
7 Deemed approval will be considered if IBBI don't respond in ______ 10 days

In the case of the replacement of an Interim Resolution Professional (IRP), if the

the existing IRP shall continue to
8 approval of the Insolvency and Bankruptcy Board of India (IBBI) is not
function until such approval is received.
received within the stipulated time, what should be the next course of action?

9 Quorum of COC 33% of voting right

10 Eligibility of IRP Same as independent director
within 180 days+ after passing
resolution of >66%, extention of 90 days
11 Time limit of completion of CIRP
may allowed by AA
mandatory complete in 330 days
In how many days CD shall bring in notice of dispute after OC deliver Demand
12 10 days
Notice
If operational creditor send demand notice to corporate debtor and they dont
13 Proceed with application to NCLT
reply, what is to be done?
14 Coc decision taken by vote not less than ____% of voting share of FC 51%
15 Notice period of meeting of COC 5 days
All FC's only (in case FC not exist then
16 Composition of Committee of creditor 18 largest OC, 1 representative each of
Workmen & Employee)
Whether Date of acceptance of application by NCLT = Date of Insolvency
17 Yes
Commencement date
18 ___% voting required for withdrawal of application 90%
19 ____% Voting for appointment of IRP as RP 66%
20 How many % vote reqd to replace RP? 66%
On CIRP initiated by FC, tribunal to ascertain existence of default in how many
21 14 days
days?
There was a related party amongst the FC. Whether that related party is entitled No right to participate or vote in COC
22
to vote in meeting of CoC? meeting
Case Study: GHI Ltd. is undergoing insolvency proceedings, and a resolution
23 professional needs to be appointed. Committee of Creditors (CoC)
Question:Who appoints the resolution professional in an insolvency case?
Case Study:JKL Ltd. has filed an insolvency application due to unpaid
Amount owed for supply of goods and
24 operational debt owed to various suppliers and service providers.
services
Question:Which of the following qualifies as operational debt under IBC?
25 Who is Corporate Debtor and Operational Debtor? Identify based on given C.S.
Whose name shall be furnished with the application before the adjudicating
26 Insolvancy Resolution Professional
authority by financial creditor?
Record or evidence of default
27 What all is to be included in the application to Tribunal by financial creditor? Name of proposed IRP
Other info as specified
Is a foreign creditor required to submit certificate from Institution to file
28 No
application to NCLT

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