Companies Act 2013: Key Managerial Personnel (KMP)
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Questions and Answers

Which form of business organization is characterized by having a Board of Directors?

  • Joint Stock Company (correct)
  • Joint Hindu Family Business
  • Sole Trading Concern
  • Partnership Firm
  • In a Co-operative Society, who constitutes the managing body?

  • Government
  • Partners
  • Managing Committee (correct)
  • Board of Directors
  • Which type of company has an independent legal entity with a common capital comprised of transferable shares?

  • Limited Liability Partnership
  • Public Company
  • Joint Stock Company (correct)
  • Private Company
  • In which form of business organization does the government have the least control over the working?

    <p>Joint Stock Company</p> Signup and view all the answers

    Which type of company is known to have limited government control over its operations?

    <p>Private Company</p> Signup and view all the answers

    What is a key characteristic of a Joint Stock Company developed after the industrial revolution?

    <p>Common capital with transferable shares</p> Signup and view all the answers

    Why do shareholders elect the Board of Directors?

    <p>Because they are the real owners</p> Signup and view all the answers

    What happens to membership in a company when shares are sold?

    <p>Membership ends once shares are sold</p> Signup and view all the answers

    Why can a Joint Stock Company raise huge capital?

    <p>Due to large number of members</p> Signup and view all the answers

    What is a requirement for the number of members in a private limited company?

    <p>Must have a minimum of 2 members</p> Signup and view all the answers

    Why do shareholders of a public company have the freedom to sell shares?

    <p>To ensure shares are freely transferable</p> Signup and view all the answers

    Why is registration compulsory for all companies?

    <p>To comply with company law regulations</p> Signup and view all the answers

    What is the role of the Secretary in a company?

    <p>To oversee the day-to-day affairs of the company</p> Signup and view all the answers

    Which legislation defines the appointment requirements for a Company Secretary in India?

    <p>Companies Act 2013</p> Signup and view all the answers

    What qualification is required for a Company Secretary in India?

    <p>Member of the Institute of Company Secretaries of India (ICSI)</p> Signup and view all the answers

    Who is considered the administrative head of a Ministry or Department in Government departments in India?

    <p>Secretary</p> Signup and view all the answers

    How are Key Managerial Personnel (KMP) defined in the Companies Act 2013?

    <p>KMPs are executives and managers tasked with day-to-day affairs</p> Signup and view all the answers

    What examination must a Government Secretary in India pass to qualify for the position?

    <p>Civil Services Examination conducted by the Public Service Commission</p> Signup and view all the answers

    Study Notes

    Characteristics of Joint Stock Company

    • Shareholders are the real owners of the company, but they cannot manage the day-to-day affairs due to their large number, scattered location, and frequent changes.
    • The Board of Directors is elected by shareholders to manage the company and make policy decisions.

    Transferability of Shares

    • Shares of a public company are freely transferable, allowing shareholders to sell their shares as desired.
    • Membership ends once shares are sold.

    Membership

    • A private limited company must have a minimum of 2 members and a maximum of 200 members.
    • A public limited company must have a minimum of 7 members, with no limit on the maximum number of members.

    Capital

    • Joint Stock Companies can raise huge capital due to a large number of members.
    • Capital can be collected through shares, debentures, bonds, public deposits, and loans from banks and financial institutions.

    Government Control

    • Joint Stock Companies operate under government control and supervision, requiring compulsory registration.
    • Registered companies must follow regulations stated in company law.

    Types of Companies

    • Forms of business organization include Sole Trading Concern, Joint Hindu Family Business, Partnership Firm, Limited Liability Partnership, Joint Stock Company, and Co-operative Society.

    Joint Stock Company

    • A Joint Stock Company is a registered association with an independent legal entity, perpetual succession, common capital, and limited liability.
    • It is a formal form of business organization developed after the industrial revolution.

    Types of Joint Stock Companies

    • Types of companies based on incorporation: Statutory Company and Registered Company.
    • Types of companies based on the number of members: Private Company, Public Company, and One Person Company.

    Company Secretary

    • A Company Secretary is included in the definition of Key Managerial Personnel (KMP).
    • Appointment of Company Secretary is as per the Companies Act 2013.
    • Qualification: A Company Secretary must be a member of the Institute of Company Secretaries of India (ICSI).

    Secretary of Government Department

    • A Secretary is the administrative head of a Ministry or Department in the Government.
    • Qualification: A Secretary needs to possess a graduation degree and pass the Civil Services Examination conducted by the Public Service Commission, and be in Indian Administrative Services (IAS).

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    Description

    Learn about Key Managerial Personnel (KMP) as per the Companies Act 2013. Understand the roles, appointment process, and responsibilities of the Company Secretary who is considered a KMP. Explore the concept covered in Chapter 6 of the Act.

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