Analysis of CA Final – Corporate & Allied Laws Paper
by CA Learning (CALS) Faculty Mr. R. D. Maheshwari
With examinations over, students are thinking for the future. How this examination paper May, 2016 looks like?
We have attempted to make analysis of this paper. Besides, We have given a few suggestions for the preparation. Though the syllabus of the paper is lengthy yet scoring good is no problem. With your passion for work, and your capacity and willingness to work, things are within your grasp and look brighter.
With best wishes.
Few Tips in relation to examination paper May, 2016 Corporate and Allied Laws
Suggestions and Guidelines
Nature of the paper:
- Paper has more than 30 questions to answer.
- Paper runs through 11 pages.
- Paper covers almost all topics
- Syllabus of the subject can be divided in three parts.
- Ist Part in relation to Board of Directors
- IInd Part in relation to remaining portion of Companies Act
- IIIrd Part in relation to Allied Laws
All parts of the syllabus have been duly covered in the paper
WHETHER EXAMINATION PAPER IS DIFFICULT OR EASY OR EXPECTED QUESTIONS WERE ASKED?
No ready made answer is available. One has prepared well and his or her preparation is thorough, examination paper poses no problem and this is the essence of the paper. Read well, understand well, grasp well, and cover almost entire syllabus are critical. However, with half hearted preparation, with casual approach to the subject, one will have to pay heavily.
WHAT ARE IMPORTANT TOPICS AND WHAT ARE NOT?
This paper does not entertain such thoughts.
WHAT IS CRITICAL OF THIS PAPER?
Paper is based on legal provisions. Though the questions are heavily loaded in favour of problems –based questions, to answer them all needs the appreciation of legal provisions. Know the legal provisions, answer them and answer them well.
WHETHER THIS SUBJECT IS SCORING?
This paper is scoring. To score 70 plus, 80 plus is possible. Essence is the reparation of the subject and preparation well.
WITH MATERIAL SUPPLIED CAN ONE ANSWER 100 PER CENT OF PAPER?
Material supplied is in three parts
- Part I known as volume 1 deals with Board of Directors.
- Part II known as volume II deals with remaining portion of Companies Act, 1956 and Cos Act, 2013
- Part III known as Volume III deals with Allied Laws
With the material supplied, Material supplied, 100 % examination paper can be answered.
May, 2016 Examination Paper
CA Final Corporate & Allied Laws
Volume I (Board of Directors)
|Q No||Nature of Question||Topic & Chapter||Section involved||Marks||CA Learning Page|
|2 (c)||Notice for Board meeting||Chapter 6 Meetings of the Board||173 (3) of Cos Act 13||4||22|
|3 (ii)||Disclosure of Interest by Director
Validity of contract
|Chapter 19 Disclosure of interest by Director||184 (2) of Cos Act 13||4||80|
|4(a)||To constitute audit committee & its functions
|Chapter 24 Audit Committee and Nomination and Remuneration Committee||177 of Cos Act 13||
|101 & 102|
|4 (b)||No. of Independent Directors||Chapter 1 Board of Directors||149 of Cos Act 13||4||2 & 3|
|Remuneration to M.D.,
Remuneration to Directors
For Professional services
|Chapter 17 Appointment of Managing Director, Whole time Director, Manager and Remuneration of Managerial Personnel||197 of Cos Act 13||8||63 to 66|
|7(a)||Small Shareholders Director
Small shareholders serving notice
Tenure of such directors
|Chapter 5 Appointment of Director Elected by Small Shareholders||151 of Cos Act 13||4||19 & 20|
Volume 2 Remaining portion of Companies Act
|Q No.||Nature of Question||Topic & Chapter||Section involved||Marks||CA Learning Page|
|1(a)||Filing of Annual financial statement
Liability for default
|Chapter 30 Accounts||137 of Cos. Act, 2013||4||138 & 139|
|Seizure of documents by registrar
|Chapter 32 Inspection
Chapter 41 Corporate Secretarial Practice
|220 of Cos Act, 2013
|2(b)||Powers of Govt. to appoint directors||Chapter 36 Prevention of Oppression & Mismanagement||408 of Cos Act, 1956
Though question asked was on Cos. Act, 2013. Refer Sec 161 of Cos Act, 2013
|4||202 & 203|
|3(a)(i)||Scheme of Amalgamation||Chapter 35 Compromise, Arrangement, Reconstruction||394 of Cos Act, 1956||4||188 to 190|
|3 (b)||Transferability of Shares
|Chapter 37 Producer Company||581ZD of Cos Act, 1956||4||230|
|5(b)(i)||Meaning of Govt. Co.
Subsidiary of Govt. Co.
|Chapter 34 Govt. Company||2 (45) of Cos Act, 2013||4||181|
|6(a)||Appointment of Secretary
Board of Directors directing members to surrender shares
Donation to Institution & political party
Investment of General Reserve
Investment in shares of Co
|Chapter 37 Producer Company||581X
581ZL of Cos Act, 1956
|6(b)||Fraudulent Preference||Chapter 38 Winding up||531 of Cos Act, 1956||4||256 & 257|
|7(b)||Failure to pay Dividend||Chapter 29 Dividend||127 of Cos Act, 2013||5||118 to 120|
|7(e)||Accounts of Foreign Co.||Chapter 33 Foreign Companies||381 of Cos. Act,2013 Rule 4||4||174 & 175|
Volume 3 – Allied Laws
|Q No.||Nature of Question||Topic & Chapter||Sections involved||Marks||CA Learning Page|
|Procedure for export of software
Period in export value realized
Delay in receipt of payment
|Chapter 44 Foreign Exchange Management Act 1999 (FEMA)||Sec. 7 Export of goods & services regulation||4||311 & 312|
|1(e)||Settlement of Proceeding by Adjudicating Authority for settlement||Chapter 47 Securities Contract (Regulation)Act 1956||23JA||4||387 & 388|
|IPO- Promoters contribution
Lock in period
SEBI undertakes inspection & measures taken
SEBI may order for investigation & to pass cease & desist order
(11)(c) & 11(d)
|Chapter 45 Securities & Exchange Board of India Act 1992||Reg.32 (ICDR)
11(2) & 11(4)
|343 & 344
|Products sold below the cost & to eliminate competition (Predatory price) & actions taken
Anti – Competitive Agreement
|Chapter 46 Competition Act 2002||Sec. 4 Abuse of Dominant Position.
Enquiry & to discontinue Sec. 3
|4||361 to 363
|4(c)||Tariff Advisory Committee||Chapter 51 The Insurance Act 1938||Sec 64(u)||4||442|
|5(c)||Banking co. taking over management as per SARFAESI
Compensation for Loss of office
Rights of shareholders on take over
|Chapter 50 The SARFAESI Act 2002
|Sec 15 & Sec 16||4||424 & 425|
|6(c)||Adjudicating Authority attaching properties.
Remedies available to co. Aggrieved (appeal to appellate authority)
|Chapter 48 Prevention of Money Laundering Act, 2002.||Sec 8
|7(d)||Interpretation of Statutes (Means & includes) to give illustration||Chapter 42 / Interpretation of Statute, Document & Deed||4||291|
We wish all the best to all the examinees.
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