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SP Q.6. Justify The Following
SP Q.6. Justify The Following
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5. The Board of Directors can refuse transfer of shares.
Ans:
i. Board of Directors can refuse transfer of shares as they have authority to refuse registration of transfer of shares.
ii. A notice of refusal of transfer is to be sent by the board to a member within 30 days from the date on which the
instrument of transfer is received by the company.
iii. The board may refuse to register the transfer under following conditions.
iv. When the provisions for transfer of shares as given in the Articles of Association are not fulfilled by the member.
v. When the instrument of transfer is not as per the rules prescribed under the Companies Act.
vi. When the instrument is not accompanied by the share certificate.
vii. When the company has a lien on the shares to be transferred.
6. A company has to create charge on its assets for issuing secured debentures.
Ans:
i. A debenture is a debt instrument, which helps the company to raise long-term loans.
ii. A secured debenture is a debenture against which a charge has been created.
iii. In case, if the company has failed to make redemption of debenture or interest, in that case by the order of NCLT,
the charged asset can be realized by the company and dues can be settled.
iv. Thus, it is rightly said that a company has to create a charge on its asset for issuing secured debenture.
8. There is a limit or restriction on the amount that a company can collect as Deposits.
Ans:
i. A private company can accept deposits from its members or directors or relatives of directors not more than 100%
of its aggregate of paid-up share capital and free reserves.
ii. Public company (other than eligible company) cannot accept fresh deposit from members if the amount of such
deposits together with the previous deposits exceeds 25% of the aggregate of the paid-up share capital and free
reserves of the company.
iii. Government company can accept deposits from public not exceeding 35% of the paid-up share capital and free
reserves of the company.
iv. A public company cannot accept fresh deposits from its members if the amount of such deposits together with the
previous deposits exceeds 10% of aggregate of paid-up share capital and free reserves and 25% of aggregate of
paid-up share capital and free reserves in case of deposits from public.
v. Hence, there is a limit or restriction on the amount that a company can collect as Deposits.
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9. Depository system results in reduced time, cost and efforts.
Ans:
i. Under depository system, securities are held in electronic form.
ii. The transfer and settlement of securities are done electronically. iii. The efforts that were required in filling
transfer forms and lodging the documents are eliminated in depository system.
iii. Processing time in transfer of securities is reduced and neither the security is nor the cash is tied / held up for
unnecessarily long time.
iv. Further stamp Duty levied on transfer of physical shares is also not applicable. So the cost involved is also
eliminated.
v. Even at the company end, costs, efforts and time involved in printing and distribution of certificates in cases of new
issues, bonus, transfers, etc. is saved.
vi. Hence, the depository system results in reduced time, cost and efforts.
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13. Approval of members is not needed for Interim Dividend.
Ans:
i. Dividend declared by the Board of Directors between two Annual General Meetings is called Interim Dividend.
ii. It is paid in the middle of the accounting year.
iii. It is declared out of profits of the current account year.
iv. It is declared before the preparation of final accounts of the company.
v. The Board of Directors has the power to declare Interim Dividend.
vi. Articles of Association' of the Company must authorize the Board of Directors to declare an interim dividend.
vii. The Board Meeting has to pass a resolution for declaring the Interim dividend.
viii. Thus, it is rightly said that approval of members is not needed for Interim dividends.
16. The Securities and Exchange Board of India (SEBI) is the regulator for the securities market in India.
Ans:
i. The Securities and Exchange Board of India was set up on 12th April 1988.
ii. The main purpose of setting up SEBI was to develop and regulate stock exchanges in India.
iii. The objectives of SEBI are to protect the interest of the investors and regulate the securities market in India.
iv. To bring professionalism in the working of intermediaries in the capital markets, i.e., brokers, mutual funds, stock
exchanges, Demat- depositories, etc. is also a feature of SEBI.
v. The role of SEBI also includes creating a good financial climate, so that companies can raise long-term funds through
the issue of securities - shares and debentures.
vi. The main function of SEBI is to register and regulate the working of stockbrokers, sub-brokers, share transfer agents,
bankers to an issue, trustee of trust deeds, registrars to an issue, merchant bankers, underwriters, and such other
intermediaries who may be associated with securities market.
vii. Thus, it is rightly said that SEBI is the regulator of the securities market in India
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17. Stock exchanges work for the growth of the Indian economy.
Ans:
i. The stock exchange is a specific place where the trading of securities is arranged in an organized method.
ii. The stock exchanges help in the process of rapid economic development by speeding up the process of capital
formation as well as resource mobilization in India.
iii. It helps in raising medium-term capital as well as long-term capital for the development and expansion of the
companies in the Indian economy.
iv. New industries and commercial enterprises can easily acquire capital funds for economic growth.
v. It reflects a healthy financial and investment conducive atmosphere in the economy. It stimulates investment in the
productive sector which accelerates the process of economic development of the nation.
vi. Thus, it is rightly said that the stock exchanges work for the growth of the Indian economy.
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