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(iii) If there is more 10% of the net With the approval
than one Managing profits of the company in
(2) Overall maximum Managerial Remuneration [Section 197(1)] director/ Whole general meeting by
S. Conditions Maximum Conditions when time director/ Special Resolution,
No. remuneration in remuneration can manager this limit may be
any financial year exceed as referred in exceeded.
column (b) (iv) If there are 1% of the net Approval of the
(a) (b) (c) directors who are profits of the company in general
(i) Overall limit 11% of the net Company in neither Managing company if there meeting by Special
profits of the general meeting director nor is a managing Resolution is
company for that may authorize whole time director or a required.
financial year the payment of directors whole-time
remuneration director
exceeding 11% of (v) If there are 3% of the net profits Approval of the
the net profits of the directors who are of the company if company in general
company subject neither Managing there is no managing meeting by Special
to provisions of director nor whole director or whole- Resolution is
Schedule V. time directors time director required.
(ii) If there is one 5% of the net With the approval
Managing profits of the of the company in
director/ Whole company for that general meeting by
time director/ year Special Resolution, •
manager this limit may be
exceeded.
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Income
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Rule – 8A: In addition to rule-8, a private company with paid up share capital of 10 Cr. Or more shall
mandatorily have a whole time Company Secretary.
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Rish
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.spe
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Please refer ICAI Mat Pg No. 1.69
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36 Can women director be paid less sitting fee than sitting fee payable to other directors? No
37 Company didn’t made any transaction during the past 2years. What is Status of the company? Inactive company not "dormant company"
38 Minimum directors in case of a public dormant company? 3 directors
39 Upto what period RoC can strike off the name of the dormant company? After expiry of the time mentioned in the notice sent by RoC
Shareholder holding not less than 10% of shareholding and
40 Who can oppose the scheme of C& A? outstanding debt holder of minimum 5% of total outstanding debt
43 In whose trust the director shall hold the excess remuneration(CS-4) In trust of company
44 Maximum remuneration payable to NED based on calculation of effective capital? Based upon case study. Refer Pg 2.18 of ICAI Study Mat.
Any insider shall be liable to a penalty which shall not be less than
ten lakh rupees but which may extend to twenty-five crore
45 Penalty for SEBI Insiders trading? rupees/three times the amount of profits made out of insider trading,
whichever is higher.
46 Max no. of Committee In which Directors can be part of? Maximum 10 Committees (Chairman of Max 5 Committees)
47 Provision regarding SEBI attached the bank accounts Refer SEBI Act
48 SEBI Quarterly compliance dates for Listed co. Refer Page 1.58 of ICAI study mat.
49 Offer Price, prospectus, grievances related provisions Refer relevant provisions
50 LODR & ICDR Time limits Refer relevant provisions
51 11 days limit on change in shareholders right 11 Days
CG can remove, 65 years maximum age, Atleast 3 month notice of
52 Who can remove member of SEBI Board, Age eligibility, notice of resignation
resignation.
If any person indulges in fraudulent and unfair trade practices
relating to securities, he shall be liable to a penalty which shall be
higher of -
53 Penalty for unfair trade practices
SEBI (i) not be less than five lakh rupees but
(ii) which may extend to twenty-five crore rupees or
three times the amount of profits made out of such practices,.
54 ICDR minimum application amount to be specified? Refer page 1.117 of ICAI study mat.
55 IPO to be open for Min & max time limit Minimum 3 working days, Maximum 10 working days
Net tangible asset of atleast 3 crores out of which not more than
56 When a company is eligible for IPO? (Net tangible asset criteria wala question) (CS-2 SEBI) 50% are monetary assets.
57 Can a company issue IPO if ESOP’s are outstanding? (CS-2 SEBI) Yes
58 Minimum assets along with monetary asset limit criteria? (CS-2 SEBI) Maximum monetary assets - 50% of net tangible assets
The issuer may mention a price or a price band in the offer document
(in case of a fixed price issue) and a floor price or a price band in the
59 How to determine share price under Book Building issue? (CS-2 SEBI) red herring prospectus (in case of a book built issue) and determine
the price at a later date before filing the prospectus with the
Registrar of Companies.
60 Who has the power to remove members of SEBI? Central Government
61 SEBI chairperson age limit and minimum notice period to be served by CP for retirement Maximum age of 65 years + notice period of atleast 3 months
62 Reporting by bank of receipt of FC. within 48 Hours
63 What is the amount of gift from relative, which is not considered as Foreign contribution ? market value Upto 1 Lakhs
FCRA 64 Validity of CoR of trust? 5 Years (Section 11)
65 Cooling period for which CoR shall not be granted in case of breach of FCRA regulation? 3 Years (Section 14)
66 Is order/direction by CG to banking authority for trust is binding on banking authority? Yes
67 Financial creditor (FC), before filing application for IBC shall sent intimation to whom ? Corporate debtor
OC having >= 10% of total outstanding debt can attend meeting but
68 To which operational creditor (OC) notice to be served cannot vote
69 Many Limits like Public notice & etc... Refer IBC entire chapter
70 1.Who can be appointed as Provisional liquidator/ Company liquidator? (Whose name is there in IBBI data base)
IBC 71 Time period to respond for the demand notice sent by OC to the CD under IBC. (CS-3 IBC) 10 Days
72 Time period for acceptance/rejection of CIRP application by AA under IBC? (CS-3 IBC) 14 Days
73 Maximum time period upto which Public announcement shall be made by IRP upon appointment as IRP? 3 days from date of appointment
74 How many creditors consent is required to dispense off the meeting of CoC? Atleast 90% creditors
75 Banking authority to file application for CIRP to whom? Adjudicating authority
76 Question on identification of CL and CD? Based on case study
Commission; per transaction, to agents abroad for sale of residential
77 Maximum commission for Real estate sale flats or commercial plots in India exceeding USD 25,000 or five
percent of the inward remittance whichever is more.
78 External commercial borrowings - MAMP Refer page no. 1.34 of ICAI study mat
79 CG Approval if prixe money for sports activity is more than specified limit? Sports reward 1 lacs USD limit, then CG approval is required
Limit and leverage: Under the aforesaid framework, all eligible
borrowers can raise ECB up to USD 750 million or equivalent per
financial year under the automatic route. Further, in case of FCY
denominated ECB raised from direct foreign equity holder, ECB
liability-equity ratio for ECB raised under the automatic route cannot
80 ECB limits exceed 7:14 However, this ratio will not be applicable if the
FEMA
outstanding amount of all ECB, including the proposed one, is up to
USD 5 million or its equivalent. Further, the borrowing entities will
also be governed by the guidelines on debt equity ratio, issued, if any,
by the sectoral or prudential regulator concerned.