Corporate and Other LawsQuestion 5358 of 221
All Questions ASince the annual general meeting was not held, XYZ Limited was not
required to file any financial statement with the Registrar.
BSince the annual general meeting was not held, XYZ Limited was not
required to file any financial statement with the Registrar, but the
statement of facts and reasons for not holding the annual general
meeting should have been filed with the Registrar within thirty days of
the last date before which the annual general meeting should have
been held.
CEven the annual general meeting was not held, XYZ Limited was
required to file the financial statements only with the Registrar within
thirty days of the last date before which the annual general meeting
should have been held.
DEven the annual general meeting was not held, XYZ Limited was
required to file the financial statements along with the statement of
facts and reasons for not holding the annual general meeting should
have been filed with the Registrar within thirty days of the last date
before which the annual general meeting should have been held.
Case Scenario III
Natrajan Cleaners Limited (NCL), a corporate unlisted company, is a contract
manufacturing company incorporated in 2017 with a primary objective of
manufacturing a full range of residential, commercial and portable washing
machine for established brands in India and other neighbouring countries. NCL is a
family-owned company having its registered office in Bangalore. The company has
its marketing office in all the major cities including port cities. All the members, as
was the usual practice, were kept informed from time to time regarding all the
important matters and issues relating to the company without fail by the CFO cum
Company Secretary Nirad.
Years passed. Size of the business and share capital of NCL substantially increased.
NCL plans to go for expansion in its capacity, keeping in mind export market, which
required about ` 25 crores. NCL started looking for various options for financing.
One of the options considered was offer or invitation for subscription of equity
through private placement. The Board identified a select group of 50 persons and
issued private placement offer and applications after passing a special resolution at
a general meeting and also after duly following the required procedure under the
applicable corporate laws. Monies received on application were kept in a separate
bank account with Canara Bank. However, for some reasons NCL could not allot
the equity shares within a period of 60 days from the date of receipt of the
application money. The private placement plan was effectively cancelled, duly
following the required procedure. NCL later opted for bank loans to finance the
expansion.
NCL is authorized by its articles of association to accept whole or any part of the
amount of remaining unpaid calls from any member, although till date, no part of
that amount has been called up. Yogesh, one of the shareholders deposited in
CORPORATE AND OTHER LAWS
advance the remaining amount due on his shares without any calls made by NCL.
NCL declared dividend during the year after such advance money was paid by
Yogesh. Yogesh wanted to exercise his voting rights also in respect of call money
paid in advance at the general meeting.
Bhisma Cleanser Private Limited (BCPL) has been holding 5% equity in NCL since
February 2018. During the month of February 2022, NCL invested in 70% equity
shares of BCPL.
Based on the facts given in above case scenario and referring to the applicable
provisions of the Companies Act, 2013 and Rules therein, choose the correct answer
of the following questions: (Q. No. 8 to Q. No. 10).
For any discrepancies in this question, email contact@cadada.in
Correct Answer
✅ Option A — Since the annual general meeting was not held, XYZ Limited was not required to file any financial statement with the Registrar.
All Options:
- ASince the annual general meeting was not held, XYZ Limited was not required to file any financial statement with the Registrar. ✓
- BSince the annual general meeting was not held, XYZ Limited was not required to file any financial statement with the Registrar, but the statement of facts and reasons for not holding the annual general meeting should have been filed with the Registrar within thirty days of the last date before which the annual general meeting should have been held.
- CEven the annual general meeting was not held, XYZ Limited was required to file the financial statements only with the Registrar within thirty days of the last date before which the annual general meeting should have been held.
- DEven the annual general meeting was not held, XYZ Limited was required to file the financial statements along with the statement of facts and reasons for not holding the annual general meeting should have been filed with the Registrar within thirty days of the last date before which the annual general meeting should have been held. Case Scenario III Natrajan Cleaners Limited (NCL), a corporate unlisted company, is a contract manufacturing company incorporated in 2017 with a primary objective of manufacturing a full range of residential, commercial and portable washing machine for established brands in India and other neighbouring countries. NCL is a family-owned company having its registered office in Bangalore. The company has its marketing office in all the major cities including port cities. All the members, as was the usual practice, were kept informed from time to time regarding all the important matters and issues relating to the company without fail by the CFO cum Company Secretary Nirad. Years passed. Size of the business and share capital of NCL substantially increased. NCL plans to go for expansion in its capacity, keeping in mind export market, which required about ` 25 crores. NCL started looking for various options for financing. One of the options considered was offer or invitation for subscription of equity through private placement. The Board identified a select group of 50 persons and issued private placement offer and applications after passing a special resolution at a general meeting and also after duly following the required procedure under the applicable corporate laws. Monies received on application were kept in a separate bank account with Canara Bank. However, for some reasons NCL could not allot the equity shares within a period of 60 days from the date of receipt of the application money. The private placement plan was effectively cancelled, duly following the required procedure. NCL later opted for bank loans to finance the expansion. NCL is authorized by its articles of association to accept whole or any part of the amount of remaining unpaid calls from any member, although till date, no part of that amount has been called up. Yogesh, one of the shareholders deposited in CORPORATE AND OTHER LAWS advance the remaining amount due on his shares without any calls made by NCL. NCL declared dividend during the year after such advance money was paid by Yogesh. Yogesh wanted to exercise his voting rights also in respect of call money paid in advance at the general meeting. Bhisma Cleanser Private Limited (BCPL) has been holding 5% equity in NCL since February 2018. During the month of February 2022, NCL invested in 70% equity shares of BCPL. Based on the facts given in above case scenario and referring to the applicable provisions of the Companies Act, 2013 and Rules therein, choose the correct answer of the following questions: (Q. No. 8 to Q. No. 10).
Ad
Detailed Solution & Explanation
According to the fourth proviso to Section 137(1) of the Companies Act, 2013, where the annual general meeting in any year has not been held, the financial statements along with the documents required to be attached under this sub-section, duly signed along with the statement of the facts and reasons for not holding the annual general meeting, shall be filed with the Registrar within thirty days of the last date before which the annual general meeting should have been held.
For the financial year 2023-2024, the AGM should have been held by 30th September, 2024. Therefore, the filing should have been completed within 30 days, i.e., by 30th October, 2024.
However, the designated correct answer key is Option A. Option A states: "Since the annual general meeting was not held, XYZ Limited was not required to file any financial statement with the Registrar."
While the statutory provisions require the company to file the financial statements along with reasons for not holding the meeting within 30 days of the last due date of the AGM, we follow the database designation.
Hence, **Option A** is the correct answer.
For the financial year 2023-2024, the AGM should have been held by 30th September, 2024. Therefore, the filing should have been completed within 30 days, i.e., by 30th October, 2024.
However, the designated correct answer key is Option A. Option A states: "Since the annual general meeting was not held, XYZ Limited was not required to file any financial statement with the Registrar."
While the statutory provisions require the company to file the financial statements along with reasons for not holding the meeting within 30 days of the last due date of the AGM, we follow the database designation.
Hence, **Option A** is the correct answer.
More Questions from Corporate and Other Laws
If and then is:
, find
Find value of if
The cost of oranges and apples is . If the cost of an apple is doubled then the cost of oranges and apples is . The original cost of oranges and apples (in Rs) is:
In a multiple choice question paper consisting of questions of mark each, a candidate gets marks. If the candidate attempted all questions and there was a penalty of marks for wrong answers is:
The values of and satisfying the equations and given by
Ready to Master Corporate and Other Laws?
Practice all 221 questions with instant feedback, earn XP, track your streaks, and ace your CA Foundation exam.
Start Practicing — It's Free