Role of a Promoter in Company Formation

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Questions and Answers

What is the primary role of a promoter in the formation of a company?

  • To manage the day-to-day operations of the company
  • To take the necessary steps to form a company and set it going (correct)
  • To oversee the company's fiduciary duties to its stakeholders
  • To ensure the company's financial stability after incorporation

What is the significance of the case Twycross v Grant (1877)?

  • It introduced the concept of secret profits in company law
  • It defined the role of a promoter in the formation of a company (correct)
  • It established the promoter's fiduciary duty to the company
  • It outlined the remedies available to the company for breach of fiduciary duty

What is the consequence of a promoter's breach of fiduciary duty?

  • The company may report the promoter to the relevant regulatory authorities
  • The promoter may be disqualified from promoting future companies
  • The company may sue the promoter for damages and rescind the contract (correct)
  • The promoter may be imprisoned for fraudulent activities

What is the primary difference between a promoter's role and a company's management?

<p>A promoter's role is temporary, while a company's management is permanent (C)</p> Signup and view all the answers

What is the basis of a promoter's fiduciary duty to the company?

<p>The company's reliance on the promoter for its formation (D)</p> Signup and view all the answers

What is the significance of the phrase 'fiduciary duty' in the context of a promoter's role?

<p>It implies a trust-based relationship between the promoter and the company (B)</p> Signup and view all the answers

What is the relationship between a promoter and a company?

<p>That of a trustee (B)</p> Signup and view all the answers

Why can't a company enter into a contract of employment with a promoter?

<p>Lack of contractual capacity (B)</p> Signup and view all the answers

What can a company do to a promoter who has taken bribes or made a secret profit?

<p>Call upon the promoter to disclose (A)</p> Signup and view all the answers

What is the provision in the Companies Act regarding pre-contractual benefits?

<p>Section 20 (2) of the Companies Act (B)</p> Signup and view all the answers

What is the consequence of a company being non-existent at the time a contract is made on its behalf?

<p>The promoters and not the company are liable for the contract (D)</p> Signup and view all the answers

What is the consequence of a company ratifying a pre-incorporation contract?

<p>The promoters become liable for the contract (A)</p> Signup and view all the answers

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