Analysis of CA Final Examination

Analysis of CA Final – Corporate & Allied Laws Paper

by CA Learning (CALS) Faculty Mr. R. D. Maheshwari

analysis

Dear students,

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?

Yes. 

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

Draft resolution

Chapter 24 Audit Committee and Nomination and Remuneration Committee 177 of Cos Act 13  

8

101 & 102
4 (b) No. of Independent Directors Chapter 1 Board of Directors 149 of Cos Act 13 4 2 & 3
5(a) (i)(ii)

(iii)

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
1 (b)

 

1 (D)

Seizure of documents by registrar

 

MCA 21

Chapter  32 Inspection

 

Chapter 41 Corporate Secretarial Practice

220 of Cos Act, 2013

 

MCA 21

4

 

4

168

 

281

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

Nomination made

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

 

3581ZD

 

 

581ZH

 

581ZL of  Cos Act, 1956

8

 

224

 

230

 

 

234

 

238

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
1(c)(i)

 

 

(ii)

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
2(a)(i)

 

 

 

2(a) (ii)

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)

Reg. 36

 

 

11(2) & 11(4)

4

 

 

 

4

343 & 344

 

 

 

323 &324

3(c)(i)

 

 

3(c)(ii)

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

 

 

360

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

 

Sec. 26

4 403

 

409

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.

To know more: http://calearning.in

 

 

 

 

 

 

 

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