Professional Documents
Culture Documents
3 Marks
3 Marks
1. Define Contract?
Ans: A contract is a legally binding agreement that recognises and governs the
rights and duties of the parties to the agreement. A contract is legally
enforceable because it meets the requirements and approval of the law. An
agreement typically involves the exchange of goods, services, money, or
promises of any of those.
2. Define Agency?
Ans: Agency refers to an agreement, explicitly stated or implied by which one
party, called the principal, entrusts the management of a business to another
party, called the agent, to carry out transactions on his account or in his name,
and the agent agrees to carry out the business and render an account of his
proceedings.
3.Define Company?
Ans: A Company is a voluntary association of persons formed for some
common purpose with capital divisible into parts known as shares the common
stock so contributed is denoted in money and is the capital of the company.
6. What is Prospectus?
Ans: A legal document offering a company's shares for sale, and giving details
about the company and its activities. An investor should carefully read the
fund's prospectus before buying shares in an exchange.
7 Marks
1. What are the essientisls elements of valid contract?
Ans: Essential elements of a valid contract are:
1. There must be an Agreement. This involves both Offer and Acceptance.
2. The Parties must intend to create Legal Relationship.
3. An Agreement to be enforceable by law.
4. The parties must be capable of entering into a agreement as regards age and
understanding.
5. The Consent of the parties must be free and genuine.
6. The agreement must not have been not declared as void.
7. The terms of a agreement must be certain and capable of performance.
8. Legal formalities all the statuary requirements must be fulfilled.
Provided further that the Central Government may exempt any company from
the provisions of this sub-section subject to such conditions as it may impose.
Explanation for the purposes of this sub-section, “National Holiday” means and
includes a day declared as National Holiday by the Central Government.
4. “All contracts are agreement but all agreement is not a contract”, explain.
Ans: A contract is a legally binding agreement that recognises and governs the
rights and duties of the parties to the agreement. A contract is legally
enforceable because it meets the requirements and approval of the law. An
agreement typically involves the exchange of goods, services, money, or
promises of any of those.
The situation in which people have the same opinion, or in which they
approve of or accept something. A decision or arrangement, often formal and
written, between two or more groups or people.
Contracts may follow a structure that can include:
Details of the parties to the contract, including any sub-contracting
arrangements.
Duration or period of the contract.
Definitions of key terms used within the contract.
A description of the goods and/or services that your business will receive
or provide, including key deliverables.
Payment details and dates, including whether interest will be applied to
late payments.
Key dates and milestones.
Required insurance and indemnity provisions.
Guarantee provisions, including director’s guarantees.
Damages or penalty provisions.
Renegotiation or renewal options.
Complaints and dispute resolution process.
Termination conditions.
Special conditions.
Effect of
Globalization
Positive Negative
effect effect
Positive Effect:
1. Global Market: Most successful emerging markets in developed countries
are a result of privatization of state-owned industries. In order for these
industries to increase consumer demand many of them are attempting to
expand and extend their value chain to an international level.
2. Cross-cultural management: Globalization tend to be the realm of elite
because in many parts of the world they are the only people who are
affluent enough to buy many of the products available in the global
marketplace. Today Western culture and patterns of behaviour and
language are staples of international business.
3. Foreign trade: Globalization has created and expanded foreign trade in
the world. Things that were only found in developed countries can now
be found in other countries across the world. People can now get
whatever they want and from any country. Through these developed
countries can export their goods to other countries.
4. Resource Imperative: Developed countries need natural and human
resources of the developing countries while developing countries need
capital, technology and brainpower of the wealthier countries. Developed
countries’ economies are increasingly dependent on the natural and
human resources of the developing nations.
5. Foreign Investment: One of the most visible positive effects of
globalization in India is the flow of foreign capital. A lot of companies
have directly invested in India, by starting production units in India, but
what we also need to see is the amount of Foreign Investment Inflow that
flows into the developing countries.
6. Competition: One of the most visible positive effects of globalization is
the improved quality of products due to globe competition. Customer
service and the ‘customer is the king’ approaches to production have led
to improved quality of products and services.
Negative Effect:
1. Jobs insecurity: In developed countries people have jobs insecurity.
People are losing their jobs. Developed nations have outsourced
manufacturing and white collar jobs. That means less jobs for their
people. This is because the manufacturing work is outsourced to countries
where the costs of manufacturing goods and wages are lower than in their
countries.
2. Fluctuation in prices: Globalization has led to fluctuation in price. Due to
increase in competition, developed countries are forced to lower down
their prices for their products, this is because other countries like China
produce goods at a lower cost that makes goods to be cheaper than the
ones produced in developed countries.
₹0 - ₹2,50,000 Nil
₹2,50,001 - ₹ 5,00,000 5%
₹5,00,000
Agriculture:
The government aims to double farmers’ income by 2022. Help 15 lakh
farmers solarise their grid-connected pump sets. “KisanRail” and
“KrishiUdaan” for seamless transport of perishable farm goods. Increasing
coverage of artificial insemination to 70%. Raise fishery exports to Rs 1 lakh
crore by 2024-25.
Education:
About 150 higher educational institutions will start apprenticeship
embedded courses. Special bridge courses to improve skill sets of those seeking
employment abroad. Ind-SAT to be conducted in Africa and Asia under study in
India programme. Allocation of Rs 99,300 crore for the educational sector in
2020-21. Allocation of Rs 3,000 crore for skill development.
Financial sector:
Deposit Insurance Coverage to increase from Rs 1 lakh to Rs 5 lakh per
depositor. Eligibility limit for NBFCs for debt recovery under SARFAESI Act
proposed to be reduced to asset size of Rs 100 crore or loan size of Rs 50 lakh.
Separation of NPS Trust for government employees from PFRDAI. Proposal to
sell balance holding of government in IDBI Bank.
Water, Wellness, and Sanitation Goals:
More than 20, 000 empanelled hospitals under PM Jan Arogya Yojana
“TB Harega Desh Jeetega” campaign launched to end TB by 2025. Expansion
of Jan AushadhiKendra Scheme to all districts by 2024. Focus on liquid and
greywater management along with waste management.
10 Marks:
1. What are the modes of termination of an agency?
Ans: If the trust between the agent and the principal has broken down, it is not
reasonable to allow the principal to remain at risk in any transactions that the
agent might conclude during a period of notice.
Termination
of Agency
Revocation Ravocation
Agreement by the
by the Agent
Principal
By Agreement:
On the basis that agency relationship is created by agreement between the
principal and the agent, such a relationship can also be brought to an end by
mutual agreement between the parties, either in writing or orally.
Termination by agreement may also occur if the agency relationship is
terminated pursuant to the provisions of the agreement itself. The following
situations may arise in this context:
If the agreement provides for the appointment of the agent for a specified period
of time, the agency will come to an end automatically when that period of time
expires. If the agreement provides for the agency to terminate upon the
occurrence of a specified event, the agency will come to an end upon the
happening of the specified event.
By the Act of Parties
An agency may be terminated by the acts of either the principal or the agent as
illustrated below:-
Performance by the agent
If an agent is appointed to accomplish a particular task or for a specific purpose,
when the task is accomplished by the agent or the specific purpose is attained,
the agency will terminate.
Revocation by the principal:
The authority of an agent may be revoked at any time by the principal. However
unilateral revocation otherwise than in accordance with the provisions of the
agency agreement may render the principal liable to the agent for the breach of
an agency agreement. Any word or conduct of the principal inconsistent with
the continued exercise of the authority by the agent may operate as a revocation
of the agency. Revocation’s of the agent’s power by the principal may not
automatically discharge the principal from liability to a third party who is
entitled to rely from liability to a third party who is entitled to rely from liability
to a third party who is entitled to rely from liability to a third party who is
entitled to rely on the apparent authority of the agent on grounds of
representation by the principal of previous course of dealing with the agent’s
before notice of revocation is given to the third party. Therefore notice of
revocation of an agent’s power should be given to the third party as soon as
possible.
Renunciation by agent:
An agent is entitled to renounce his power by refusing to act or by notifying the
principal that he will not act for the principal. Unilateral termination of the
agency by the agent before he has fulfilled the obligations to the
principal under the agency agreement will render the agent liable
to the principal.
2. “MOA is a Charter of a company”. Explain this statement.
Ans: An important step in the formation of a company is to prepare a document
called memorandum of association. It is the charter of the company and is very
important document as it contains the basic conditions on which the company is
incorporated.
The Memorandum contains the name, registered office, main and other objects
of the company, liability of the members and the authorized capital of the
company. The main purpose of the memorandum is to limit the scope of
activities and powers of the company. Thus, any act outside the memorandum is
ultra vires the company. Such an act is not enforceable and directors involve
personal liability for it.
Requirements with respect to Memorandum:
(1) The memorandum of every company shall state -
the name of the company with "Limited" as the last word of the name in the
case of a public limited company, and with "Private Limited" as the last words
of the name in the case of a private limited company, the State in which the
registered office of the company is to be situated, in the case of a company in
existence immediately before the commencement of the Companies Act, 1965,
the objects of the company, in the case of a company formed after such
commencement, the main objects of the company to be pursued by the company
on its incorporation and objects incidental or ancillary to the attainment of the
main objects, other objects of the company not included in sub-clause
(i) in the case of companies (other than trading corporations), with objects not
confined to one State, the States to whose territories the objects extend.
The memorandum of a company limited by shares or by guarantee shall also
state that the liability of its members is limited. The memorandum of a company
limited by guarantee shall also state that each member undertakes to contribute
to the assets of the company in the event of its being wound up while he is a
member or within one year after he ceases to be a member, for payment of the
debts and liabilities of the company, or of such debts and liabilities of the
company as may have been contracted before he ceases to be a member, as the
case may be, and of the costs, charges and expenses of winding up, and for
adjustment of the rights of the contributories among themselves, such amount as
may be required, not exceeding a specified amount.
In the case of a company having a share capital - unless the company is an
unlimited company, the memorandum shall also state the amount of share
capital with which the company is to be registered and the division thereof into
shares of a fixed amount, no subscriber of the memorandum shall take less than
one share; and each subscriber of the memorandum shall write opposite to his
name the number of shares he takes.
3. Define resolution. Mention the various types of resolution.
Ans: Resolution refers to the bit depth of a digital recording, or the number of
information bits stored in the sample. This also correlates directly to the
recording's quality. For printers, resolution points to the dots per inch (DPI) of
the material the printer produces, which also indicates how small and fine the
dots are.
Types of
Resolution
Complusory
winding up
Types of Winding
of Company
Liquidation by
Court
Cancelling of
Court
1. Voluntary Winding up: Voluntary liquidation starts from special
resolution adopted by the company in its general meetings. As per
Section 126(1) of the Companies Act of Nepal the, shareholders of the
company may liquidate the company either by adopting the special
resolution in general meetings or subject to the provisions contained in
MoA and AOA and consensus Agreement.
As per subsection 2 of section 126, the requirements or procedures of
voluntary liquidation are as follows:
o If the company is able to pay its debts or other liabilities.
o There must be solvent company.
o There must be declaration in writing of directors to pay the debts
and liabilities.
2. Compulsory winding up: If any company is declared the insolvent at that
situation, such company must be liquidated or wound-up.
o that is the situation of compulsory winding up or liquidation.
o such liquidation is executed only by the court’s order
o Though company law of Nepal recognizes and regularized the
compulsory liquidation, the proceedings of compulsory liquidation
have been mentioned in detail in Insolvency Act 2063. No
procedure under Insolvency Act is started without the permission
of court. Court means commercial bench by notification in Nepal
Gazette.
3. Liquidation by Court’s Order: Sec 139(4) (f) of the Companies Act 2063.
If company is carried on or is likely to be carried on as to be prejudicial to
rights and interest of any shareholders of the company, shareholder may
apply before the court for appropriate order as remedy. At this situation,
If court for liquidating the company.
4. Dissolution by cancellation of registration or deregistration: the company
registrar office may cancel the registration of company on the following
grounds.
Section 136 of the companies Act 2063.
o In a situation of failure to commence the business.
o In a situation of default in submitting the report, for three
consecutive financial years
o If he company registrar office has a reasonable ground to believe
that company is not carrying on its business or the company is not
in operation.
1. Expansion:
The line of cycle that moves above the steady growth line represents the
expansion phase of a business cycle. In the expansion phase, there is an
increase in various economic factors, such as production, employment,
output, wages, profits, demand and supply of products, and sales. In
addition, in the expansion phase, the prices of factor of production and
output increases simultaneously. In this phase, debtors are generally in
good financial condition to repay their debts; therefore, creditors lend
money at higher interest rates. This leads to an increase in the flow of
money. In expansion phase, due to increase in investment opportunities,
idle funds of organizations or individuals are utilized for various
investment purposes.
2. Peak:
The growth in the expansion phase eventually slows down and reaches to
its peak. This phase is known as peak phase. In other words, peak phase
refers to the phase in which the increase in growth rate of business cycle
achieves its maximum limit. In peak phase, the economic factors, such as
production, profit, sales, and employment, are higher, but do not increase
further. In peak phase, there is a gradual decrease in the demand of
various products due to increase in the prices of input. The increase in the
prices of input leads to an increase in the prices of final products, while
the income of individuals remains constant. This also leads consumers to
restructure their monthly budget.
3. Recession:
As discussed earlier, in peak phase, there is a gradual decrease in the
demand of various products due to increase in the prices of input. When
the decline in the demand of products becomes rapid and steady, the
recession phase takes place. In recession phase, all the economic factors,
such as production, prices, saving and investment, starts decreasing.
Generally, producers are unaware of decrease in the demand of products
and they continue to produce goods and services. In such a case, the
supply of products exceeds the demand.
4. Trough:
During the trough phase, the economic activities of a country decline
below the normal level. In this phase, the growth rate of an economy
becomes negative. In addition, in trough phase, there is a rapid decline in
national income and expenditure. In this phase, it becomes difficult for
debtors to pay off their debts. As a result, the rate of interest decreases;
therefore, banks do not prefer to lend money. Consequently, banks face
the situation of increase in their cash balances.
5. Recovery:
As discussed above, in trough phase, an economy reaches to the lowest
level of shrinking. This lowest level is the limit to which an economy
shrinks. Once the economy touches the lowest level, it happens to be the
end of negativism and beginning of positivism. This leads to reversal of
the process of business cycle. As a result, individuals and organizations
start developing a positive attitude toward the various economic factors,
such as investment, employment, and production. This process of reversal
starts from the labour market.
Employment:
Employment levels in the United States are measured by the Bureau of Labor
Statistics, which releases a monthly report on business payrolls and the status of
the unemployment rate. The Federal Reserve also seeks to regulate employment
levels through monetary policy stimulus and credit measures. These policies can
ease borrowing rates for businesses to help improve capital spending and
business growth, resulting in employment growth.
Consumer Spending:
Consumer spending makes up around ⅔ of GDP and is widely considered to be
an important indicator of macroeconomic performance. Slow growth or decline
in consumer spending suggests a decline in aggregate demand, which
economists consider to be a symptom or even a cause of macroeconomic
downturns and recessions.
Monetary Policy:
The Federal Reserve’s monetary policy initiatives are a key factor influencing
the macro environment in the United States. Monetary policy measures are
typically centered around interest rates and access to credit. Federal interest rate
limits are one of the main levers of the Federal Reserve’s monetary policy tools.
The Federal Reserve sets a federal funds rate for which federal banks borrow
from each other, and this rate is used as a base rate for all credit rates in the
broader market. The tightening of monetary policy indicates rates are rising,
making borrowing more difficult.
Fiscal Policy:
Fiscal policy refers to government policy around taxing, borrowing, and
spending. High tax rates can reduce individual and business incentives to work,
invest, and save. The size of a government’s annual deficits and total debt can
influence market expectations regarding future tax rates, inflation, and overall
macroeconomic stability.
Functions of RBI:
1. Issue of Bank Notes: The Reserve Bank of India has the sole right to
issue currency notes except one rupee notes which are issued by the
Ministry of Finance. Currency notes issued by the Reserve Bank are
declared unlimited legal tender throughout the country. This
concentration of notes issue function with the Reserve Bank has a number
of advantages: (i) it brings uniformity in notes issue; (ii) it makes possible
effective state supervision; (iii) it is easier to control and regulate credit in
accordance with the requirements in the economy; and (iv) it keeps faith
of the public in the paper currency.
2. Banker to Government:
As banker to the government the Reserve Bank manages the banking
needs of the government. It has to-maintain and operate the government’s
deposit accounts. It collects receipts of funds and makes payments on
behalf of the government. It represents the Government of India as the
member of the IMF and the World Bank.
3. Custodian of Cash Reserves of Commercial Banks:
The commercial banks hold deposits in the Reserve Bank and the latter
has the custody of the cash reserves of the commercial banks.
4. Custodian of Country’s Foreign Currency Reserves:
The Reserve Bank has the custody of the country’s reserves of
international currency, and this enables the Reserve Bank to deal with
crisis connected with adverse balance of payments position.
5. Lender of Last Resort:
The commercial banks approach the Reserve Bank in times of emergency
to tide over financial difficulties, and the Reserve bank comes to their
rescue though it might charge a higher rate of interest.
6. Central Clearance and Accounts Settlement:
Since commercial banks have their surplus cash reserves deposited in the
Reserve Bank, it is easier to deal with each other and settle the claim of
each on the other through book keeping entries in the books of the
Reserve Bank. The clearing of accounts has now become an essential
function of the Reserve Bank.
7. Controller of Credit:
Since credit money forms the most important part of supply of money,
and since the supply of money has important implications for economic
stability, the importance of control of credit becomes obvious. Credit is
controlled by the Reserve Bank in accordance with the economic
priorities of the government.