MOHIT SHARMA

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GL BAJAJ INSTITUTE OF TECHNOLOGY &

MANAGEMENT
GREATER NOIDA

2022 – 2023
DEPARTMENT :MBA ( Business Analytics )

ASSIGNMENT 3

 NAME : MOHIT SHARMA

 ROLL NO : 2201921570054
 SUBJECT : BUSINESS ENVIRONMENT & LEGAL ASPECTS
OF BUSINESS
 SEC : H
 SUBMITTED TO : Mr. MUKUL PRATAP SINGH

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1). Difference between MOA and AOA ?

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2). How directors are appointed in a company? What are there duties and
liabilities?
- Section 152 of the Act deals with the matters relating to appointment of directors.
(i) Appointment of First Directors
Where no provision is made in the articles of a company for the appointment of
the first directors, the subscribers to the memorandum who are individuals shall be
deemed to be the first directors of the company until the directors are duly
appointed. [Section 152(1)]
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In case of a One Person Company (OPC), an individual being member shall be

deemed to be its first director until the director or directors are duly appointed by
the member in accordance with the provisions of this section.[Section 152(1)]
In simple words, usually, articles of the company contain the names of the first
directors. In case it is not so, then the individual subscribers to the memorandum
are deemed to be the first directors. The corporate bodies, if they are also
subscribers, shall not be capable of becoming directors. The first directors shall hold
the office until the directors are duly
appointed. In fact, the term of first directors is limited to the holding of first Annual
General Meeting (AGM).So far as OPC is concerned, the individual member of the
OPC is deemed as first director. Thereafter, such member may appoint director or
directors as per his requirements.
(ii) Appointment of subsequent Directors
Save as otherwise expressly provided in this Act, every director shall be appointed
by the company in
general meeting. [refer Section 152(2)]
At a general meeting, the shareholders of the company (i.e. the owners) gather and
take decisions.
Generally,everydirectorshallbeappointedbythecompanyingeneralmeetingexceptw
here the Companies Act expressly provides some other procedure for appointment
of directors.
For example, it is expressly provided in the Act that additional directors or alternate
directors can be appointed by the Board of Directors if the articles of the company
empower Board in this respect1.
(iii) Other Requirements of Appointment
(a) Allotment of Director Identification Number (DIN):A person shall be appointed
as a director of a company only when he has been allotted DIN under section 154
or any other number as may be prescribed under section 153.
1 As per Section 161, explained later on.
© The Institute of Chartered Accountants of India
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APPOINTMENT AND QUALIFICATIONS OF DIRECTORS 1.33

(b) Providing of DIN and furnishing of Declaration by the proposed Director : Every
person proposed to be appointed as a director by the company in general meeting
or otherwise, shall furnish his Director Identification Number (DIN) or such other
number as may be prescribed under Section 153. Further, he shall also furnish a
declaration that he is not disqualified to become a director under this Act. [refer
Section 152(4)]
(c) Written Consent to act as Director:A person appointed as a director shall not act
as a director unless he gives his written consent to hold the office as a director. The
consent shall be furnished to the company on or before his appointment as a
director in Form DIR-2.
The company shall file the consent of the director with the Registrar within 30 days
of such appointment in Form DIR-12 along with the prescribed fee as prescribed
[refer Section 152 (5) and Rule 8 of the Companies (Appointment and Qualifications
of Directors) Rules, 2014].

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3). What is the difference between sale and agreement to sale ?

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4). What is the role of e-governance in modern India?

- Electronic governance or e-governance implies government functioning with the application of
ICT (Information and Communications Technology). Hence e-Governance is basically a move
towards SMART governance implying: simple, moral, accountable, responsive and transparent
governance.

Advantages of e-Governance
Improves delivery and efficiency of government services

Improved government interactions with business and industry

Citizen empowerment through access to information

More efficient government management

Less corruption in the administration

Increased transparency in administration

Greater convenience to citizens and businesses

Cost reductions and revenue growth

Increased legitimacy of government

Flattens organisational structure (less hierarchic)

Reduces paperwork and red-tapism in the administrative process which results in better planning and
coordination between different levels of government

Improved relations between the public authorities and civil society

Re-structuring of administrative processes

Types of interactions in e-Governance

e-Governance can take place in four major types of interactions, apart from the
processes and interactions in the back-office, within the government framework:
Government to Government (G2G)

Information is exchanged within the government i.e., either, between the central government, state
government and local governments or between different branches of the same government.

Government to Citizen (G2C)

The citizens have a platform through which they can interact with the government and get access to the
variety of public services offered by the Government.

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(G2B)
Government to Businesses

The businesses are able to interact with the government seamlessly with respect to the services of the
government offered to businesses

Objectives of Governance

The objectives of e-governance can be listed down as given below:

To support and simplify governance for government, citizens, and businesses.

To make government administration more transparent and accountable while addressing the society’s
needs and expectations through efficient public services and effective interaction between the people,
businesses, and government.

To reduce corruption in the government.

To ensure speedy administration of services and information.

To reduce difficulties for business, provide immediate information and enable digital communication by
e-business.

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