VG Study Hub Practice Paper - SBEC CS Sanjeev Sapra

Important Topics of Setting up Of Business Entities and Closure

Es

for CS Executive AUAGUST - 2021 Exams

Chapter Topic
1 Choice of a a. What are the factors which govern the choice of a business organization?
Business
b. Why would we prefer One Person Company (OPC) compared to a Sole Proprietorship?
Organisation
c. Why would you prefer a Limited Liability Partnership compared to a Private Limited Company?

Types of a. Types of company Section 3

2
Company b. Reduction in minimum members Section 3A
c. Private company - status of employees, limits and joint members in total number of 200
members.
d. One person co., Small company, Associate company
e. Holding Subsidiary company with two layers provision and practical.
- S, Co. Shareholding in H. Co.
f. Foreign companies
g. Nidhi company
h. Dormant co.
i. Government company

3 Formation a. Incorporation of OPC / PRIVATE / PUBLIC company through Spice +.

of Co. b. Punishment for name approval and incorporation of a company by furnishing false or
incorrect information. (Section 4 & 7)
c. Commencement of business after incorporation. (Section 10A)

4 Charter a. Name clause.

Documents - Remedies if company incorporated with similar name or trade mark of existing

MOA & AOA company or Firm. (section 16)

b. Entrenchment provisions in AOA

c. Difference between MOA & AOA
Alteration of b. Alteration of
Charter - Name clause
Documents
- Situation clause/ Shifting of registered office
- Object clause and dissenting members.
e. Doctrine of ultra vires and indoor management
f. Doctrine of constructive notice & indoor management, with case study of Royal British
Bank.

Page 1
 VG Study Hub Practice Paper - SBEC CS Sanjeev Sapra

5 Legal Status of a. Circumstances can a company be considered as a Holding Company.

Registered
b. Restrictions on layers of Holding company.
Company
c. Difference between Associate and subsidiary company

d. procedural aspects relating to dormant company/inactive company

e. Procedure for classifying a company as a Dormant Company. Its merits and demerits.

6 Limited Liability a. Procedure to register a limited liability partnership

Partnership
b. Annual compliances of LLP
(LLP)
c. Designated partners and their responsibilities

d. LLP for the professionals.

e. What is an LLP Agreement? State the procedure for altering the LLP Agreement.

f. State whether the partners of a Limited Liability Partnership are liable for its debts and if
so, under what circumstances.

Different forms a. What are the different types of partners and partnership and the role of partners in
7
of Business partnerships?
Organizations &
b. Procedure for formation of a Partnership?
its Registration
c. Partnership deed, also known as a partnership agreement. Comment.

8 The Formation a. Section 8 Company

And Characteristics and incorporation procedure?
Registration Of Merger with any other company?
, Exemptions?
b. Explain the term Settler, Trustee and Beneficiary with eligibility requirements?

c. Procedure of formation and benefits of Trust.

d. Difference between public trust and private trust.

e. State the procedure for formation of a society.

f. What are benefits of Society?

Page 2
 VG Study Hub Practice Paper - SBEC CS Sanjeev Sapra

9 Financial a. NBFC
Services Definition
Organisation Activities
and its Types
Registration
b. Explain Housing finance company and its registration procedure.
Process
c. Explain the Asset Reconstruction Company.

e. Explain NIDHI company with the procedure for incorporating a NIDHI Company.

f. What is a Payment Bank? What are the key issues to be kept in mind in the compliance
requirement of a Payment Bank?

10 STARTUPS a. What are eligibility conditions to be a Startup company?

b. What is Startup India policy?

c. What are benefits available to start up under the companied Act, 2013?

d. What are financing options available for startup companies?

e. What are mudra banks?

11 Joint Venture a. Explain formation of Joint Ventures with two modes / methods:
Collaboration (1) Equity Joint Venture
And Special (2) Contractual Joint Venture
Purpose b. What are the various advantages and disadvantages of forming Joint Venture?
Vehicles
c. Explain essential components of a joint venture agreement.

b. Meaning of Special Purpose Vehicle (SPV) purpose of a Special-Purpose Vehicle

e. Distinguish between a Joint Venture Company and a Special Purpose Vehicle(SPV)

f. Explain, (benefits) with reasons, why the concept of Special Purpose Vehicle (SPV) has
gained prominence in India in recent times.

12 Setting Up of a. What are the different routes of overseas investment?

Business b. What are methods of funding in an overseas JV / WOS?
Outside India
c. What are the Reporting requirements under Master Direction Reporting under Foreign
Exchange Management Act, 1999?

d. Issues in choosing location outside India

Page 3
 VG Study Hub Practice Paper - SBEC CS Sanjeev Sapra

13 Conversion of a. Conversion of
Business OPC into Private company or Public co..
Entities Private company in Public company

b. Conversion of company into other form by default under proviso to Section 14(1).

14 Registrations a. What is the process of acquiring PAN and TAN for a business entity in India. Discuss in
and detail.
Licenses
b. SSI/MSME
Meaning with limits
Registration procedure
Benefit of registration

c. Explain ESI and PF Registration with Procedure & Benefits

d. What is IEC (importer exporter code) and its requirement and procedure to get IE
Code?

e. Explain FSSAI registration procedure.

f. Explain Copyright and Design Registration Procedure

g. Explain Patent Registration Procedure

15 Maintenance of a. Discuss the Statutory Registers required to be maintained under Companies Act, 2013.
Registers and
b. Register Of Members Section 88
Records
c. Minutes Books Section 118

d. Annual Return Section - 92

e. Register of directors Section - 170

f. Register of Sweat Equity shares, ESOP, Loans and investments

16 Laws Applicable a. Annual compliances depending on the formation of company

to Industries OPC
Private Company
Public Company (Unlisted)

b. Licenses are integral to run a business. comment

c. When a factory is required to be registered and which legislation is enacted to regulate

the working conditions in factories?

Page 4
 VG Study Hub Practice Paper - SBEC CS Sanjeev Sapra

17 Intellectual a. What is intellectual property? How it is different from other forms of property?
Property Laws
b. What is Trademark? Discuss Enforcement of trademark right.

c. Define Geographical Indication and process for registering a Geographical Indication in

India.

d. Define copy right. What is procedure of registration of copy right?

e. What is a Patent and its essential elements? How to Register Patents in India.

18 Compliance a. What is factory and obligations of occupier of factory under the Act?(3 MARKS)
under b. What are objects of Payment of wages Act? 3 marks
Labour Laws
c. What are time periods, modes and deductions from payment of wages?

d. Discuss applicability of EPF Act. What are contributions and benefits available to
employees?

e. Discuss applicability of Bonus Act 1965. What is limit on amount and time of payment of
bonus?

f. Discuss applicability of Payment of Gratuity Act; 1972. How the amount is calculated for
the payment of Gratuity.

g. What is Lay-Off? How it is different from Retrenchment.

h. What is the difference in Strike and Lock Out?

i. Explain the benefits provided under Maternity Relief Act, 1961.

j. Discuss the statutory provisions for preventing child labour in any business engagement
in India.

k. Give definition of 'sexual harassment' and circumstances which if present or connected

with any act or behaviour of sexual harassment may amount to sexual harassment.

l. Discuss the complaints committee & complaint procedure prevention of sexual

harassment of women at workplace (prevention, prohibition and redressal) act,
2013.

Page 5
 VG Study Hub Practice Paper - SBEC CS Sanjeev Sapra

19 Compliances a. Under The Air (Prevention and Control of Pollution) Act, 1981, one has to comply with the
Relating to conditions in
Environmental
b. Discuss aims and objectives of Environment Protection Act, 1986. What are the powers
Laws
of Central Government under the Act?

c. What is National Green Tribunal, its objectives and Powers?

d. Discuss the provisions of Water (Prevention and Control of Pollution) Act, 1974
applicable to setting up of business in India.

20 Dormant a. Explain Dormant company and exemptions given under the Companies act,2013
Company
b. Explain Procedure to obtain the status of a Dormant Company.

c. Explain Circumstances and procedure to obtain the status of an Active Company from
Dormant Company.

d. What are the compliances for dormant company in respect to maintenance of registers
and filing returns.

21 Strike Off and a. Meaning and Procedure for striking off a company.
Restoration Of b. Power and procedure for ROC to remove name of company.
Name Case study of International Security Printers Private Limited v/s ROC Delhi dated
8th August, 2017.

c. Type of Companies which cannot be removed.

d. Procedure for Strike off by way of filing an application by the company.

e. Circumstances when company cannot make application for strike off.

f. What are the consequences if fraudulent application for removal of names is filed to the
ROC? What are the liabilities of directors, managers, officers and members in such
case?
g. How the appeal can be made to tribunal for restoration of the name of company?

h. Can a Company, or any member or creditor or workman aggrieved by the company having
its name struck off from the register of companies make appeal to NCLT? If yes what us
the procedure?
Give reference of decided case studies in this respect

i. Restoration of name of the company.

Page 6
 VG Study Hub Practice Paper - SBEC CS Sanjeev Sapra

22 Corporate a. Explain the following terms :

Insolvency Corporate applicant
Resolution Financial debt
Process, Insolvency resolution process costs
Liquidation Interim resolution professional and resolution professional (RP)
and Committee of creditors
Winding Up Resolution plan

b. Persons who may initiate corporate insolvency resolution process.

c. Explain resolution process.

d. What is time limit of corporate insolvency resolution process?

e. Explain moratorium

f. Explain waterfall arrangement

g. Is winding up and dissolution are synonymous?

h. Modes of winding up.

i. Grounds on which a company may be wound up by the tribunal under section

270,271,272.

j. Voluntary winding Sec-59 Insolvency and Bankruptcy Code.

I Will wait for your FEED BACK/INPUTS about this paper

after the exam on Ph/wup/Email :
9899064260/CSSanjeevsapra@gmail.com.

BEST WISHES

Page 7