Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 6 Correspondence with Members

Balbharti Maharashtra State Board Class 12 Secretarial Practice Important Questions Chapter 6 Correspondence with Members Important Questions and Answers.

Maharashtra State Board 12th Secretarial Practice Important Questions Chapter 6 Correspondence with Members

1A. Select the correct answer from the options given below and rewrite the statements.

Question 1.
Shareholders are ____________ of the company.
(a) Owners
(b) creditors
(c) loan givers
Answer:
Owners

Question 2.
Important decisions need approval of ____________ at the meeting.
(a) auditors
(b) shareholders
(c) directors
Answer:
shareholders

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 6 Correspondence with Members

Question 3.
Secretary writes letter to members as ____________
(a) auditor
(b) Public Relations Officer
(c) Director
Answer:
Public Relations Officer

Question 4.
____________ shares are issued to existing equity shareholders.
(a) deferred
(b) preference
(c) bonus
Answer:
bonus

Question 5.
Polite and prompt correspondence by secretary creates ____________ of the company.
(a) goodwill
(b) prestige
(c) image
Answer:
goodwill

Question 6.
Secretary is a ____________ of confidential matter.
(a) caretaker
(b) custodian
(c) auditor
Answer:
custodian

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 6 Correspondence with Members

1B. Match the pairs.

Question 1.

Group ‘A’Group ‘B’
(1) Secretary(a) Registered Document
(2) Electronic Mode(b) Fluctuating rate of dividend
(3) Share Certificate(c) Correspondence with members
(4) Reply Letter(d) Dividend Warrant
(5) Bon as Share(e) Payment of Dividend
(f) Existing Equity Shareholder
(g) Bearer Document
(h) Low rate of dividend
(i) Fluctuations in the market
(j) Correspondence with Bank

Answer:

Group ‘A’Group ‘B’
(1) Secretary(c) Correspondence with members
(2) Electronic Mode(e) Payment of Dividend
(3) Share Certificate(a) Registered Document
(4) Reply Letter(h) Low rate of dividend
(5) Bon as Share(f) Existing Equity Shareholder

1C. Write a word or term or a phrase that can substitute each of the following statements.

Question 1.
Return of investment in shares.
Answer:
Dividend

Question 2.
Warrant attached with notice of dividend.
Answer:
Dividend warrant

Question 3.
Title to the shares issued by the company.
Answer:
Share Certificate

Question 4.
A portion of profits is distributed to the shareholders of the company.
Answer:
Dividend

Question 5.
The letter containing reasons for the low rate of dividends.
Answer:
Reply Letter

1D. State whether the following statements are True or False.

Question 1.
Secretary should always provide correct, updated, and tactful information to the members.
Answer:
True

Question 2.
Secretary should disclose confidential information to the members.
Answer:
False

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 6 Correspondence with Members

Question 3.
Share certificates must be duly stamped and signed under the common seal of the company.
Answer:
True

Question 4.
The dividend is declared and approved in General Meeting.
Answer:
False

Question 5.
A dividend warrant is a written order given by the company to its banker to pay the amount mentioned in it to the shareholder whose name is specified therein.
Answer:
True

Question 6.
The dividend is to be paid to shareholders within 30 days from the date of declaration.
Answer:
False

1E. Find the odd one.

Question 1.
Allotment letter, Allotment slip, Refund order
Answer:
Refund order

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 6 Correspondence with Members

Question 2.
Dividend Coupon, Dividend warrant, Transfer receipt
Answer:
Transfer receipt

1F. Complete the sentences.

Question 1.
Shareholders are the ____________ of the company.
Answer:
owners

Question 2.
The role of secretary while writing to members is of ____________
Answer:
Public Relations Officer

Question 3.
Share Certificate must be signed by at least ____________ directors.
Answer:
2

Question 4.
Dividend is the portion of ____________
Answer:
Profits

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 6 Correspondence with Members

Question 10.
Bonus Shares issued are credited to Shareholders ____________ Account.
Answer:
Demat

1G. Select the correct option from the bracket.

Question 1.

Group ‘A’Group ‘B’
(1) …………………..(a) Directors and Members
(2) ………………….(b) Registered Post
(3) Correspondence(c) …………………….
(4) ………………….(d) Payment of Dividend Electronically

(Written communication, Share Certificate, Secretary, ECS)
Answer:

Group ‘A’Group ‘B’
(1) Secretary(a) Directors and Members
(2) Share Certificate(b) Registered Post
(3) Correspondence(c) Written communication
(4) ECS(d) Payment of Dividend Electronically

1H. Answer in one sentence.

Question 1.
What is politeness?
Answer:
Politeness means the use of courteous language. A courteous letter shows sympathy, respect, and mutual understanding.

Question 2.
What is the time period to dispatch the share certificate by the company?
Answer:
The company must dispatch a share certificate to the allottee within two months after the allotment of shares.

Question 3.
What is the time limit to pay the dividend?
Answer:
The dividend is to be paid to the shareholders within 30 days from the date of declaration.

1I. Correct the underlined word and rewrite the following sentences.

Question 1.
Secretary should follow relevant provisions of the Companies Act, 1986.
Answer:
Secretary should follow relevant provisions of the Board of Directors.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 6 Correspondence with Members

Question 2.
Share Certificate must be countersigned by the shareholder.
Answer:
Share Certificate must be countersigned by the Board of Directors.

Question 3.
The interim dividend is declared by shareholders.
Answer:
The interim dividend is declared by Equity.

Question 4.
Interim Dividend is paid through cash.
Answer:
Interim Dividend is paid through electronic mode.

Question 5.
Rights shares are the shares given to existing shareholders free of cost.
Answer:
Bonus shares are the shares given to existing shareholders free of cost.

1J. Arrange in proper order.

Question 1.
(a) Reply Letter
(b) Issue of Share Certificate
(c) Payment of Dividend
Answer:
(a) Issue of Share Certificate
(b) Payment of Dividend
(c) Reply Letter

2. Explain the following terms/concepts.

Question 1.
Correspondence with Members
Answer:
Correspondence with members means communicating the decisions and information of the management to the members through letters. The letter not only includes casual informing but also sending replies to the letters.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 6 Correspondence with Members

Question 2.
Share Certificate
Answer:
Share Certificate is a registered document. It is a title of shares issued by the company under the common seal of the company. It should be duly stamped and signed by two directors and countersigned by the secretary of the company.

3. Answer in brief.

Question 1.
Explain Secretary acts as a link between the Directors and the Members.
Answer:

  • A secretary is an employee in the organization. The secretary is responsible for all the compliances with statutory and regulatory requirements.
  • The Secretary communicates the decisions and information taken by the management to the members through correspondence.
  • The secretary also deals with government agencies and private institutions.
  • The secretary replies to the queries raised by the members. Complaint letters should be promptly attended without any delay by the secretary.
  • The secretary should provide correct and updated information to the members as and when demanded.

Question 2.
Write a note on Payment of dividend.
Answer:

  • The dividend is the portion of the company’s profits that is distributed among the shareholders of the company.
  • The dividend is paid through the Dividend Warrants or through Electronic Mode i.e. ECS, NEFT, etc. to the registered shareholders.
  • The rate of dividend is recommended by the Board of Directors.
  • It is declared and approved by shareholders in the Annual General Meeting.
  • The dividend is to be paid to the shareholders within 30 days from the date of declaration.
  • The letter related to the payment of the dividend is sent to the concerned shareholders. The letter contains detailed information regarding the payment of dividends.

4. Justify the following statements.

Question 1.
Share Certificate is a registered document.
Answer:

  • Share Certificate is the title to the shares issued by the company.
  • It is duly stamped and signed by two directors and countersigned by the directors under the common seal of the company.
  • It contains all the details regarding the issue of shares, shareholders’ names, number of shares issued, share certificate number, etc.
  • It is issued or dispatched to the allottee within two months after allotment of shares.
  • Thus, it is rightly said that a share certificate is a registered document.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 6 Correspondence with Members

Question 2.
Registered shareholders get dividends through dividend warrants or electronically.
Answer:

  • The dividend is the portion of profits of the company which is distributed to the shareholders of the company.
  • Dividend can be paid through dividend warrant or by means of electronic mode i.e. ECS or NEFT, etc only to the registered shareholders.
  • The dividend is paid through dividend coupons to share warrant holders. Share warrant is a bearer document of title to shares.
  • The letter contains a number of equity shares held, dividend warrant number, gross dividend, TDS if any, the net amount of dividend, etc.
  • Thus, it is rightly said that the registered shareholders get dividends through dividend warrants or electronically.

Question 3.
Reply letter contains or specifies the reasons for the low rate of dividend.
Answer:

  • Reply letter is the answer given to the query raised by the member.
  • The letter is sent to the concerned member who is not satisfied with the payment of dividend made by the company.
  • The letter contains reasons for the lowering down of the rate of dividend.
  • The secretary has to convince the shareholders that the dividend is lowered due to void reasons and assure that company will overcome the situation.
  • Thus, it is rightly said that a reply letter contains or specifies the reasons for the low rate of dividend.

5. Study the case/situation and express your opinion.

1. As a Secretary of Networks limited.

Question (a).
Give any 3 occasions where he will have to correspond with members.
Answer:
Secretary will correspond with members on the following occasions:

  • Issue of Share Certificate;
  • Payment of Dividend;
  • Reply to query letter

Question (b).
3 points of precautions he will take while drafting a letter.
Answer:
Correct Information, Lucid language, and the image of the company have to be borne in mind.

Question (c).
Whether he should take Director’s approval before drafting any letter.
Answer:
Yes, Director’s approval is a must for major matters.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 6 Correspondence with Members

2. Comfort Motors Ltd. has allotted shares to Mr. Jayant Modi.

Question (a).
Will Comfort Motors Ltd. send a letter to Mr. Jayant Modi when demanded?
Answer:
Yes, when Mr. Jayant Modi demands, the company will send the letter for the issue of the share certificate.

Question (b).
How will the company send the share certificate?
Answer:
The company will send the share certificate through registered post.

Question (c).
What information should the letter of issue of share certificate contain?
Answer:
The letter will contain information such as folio no., share certificate no., no. of shares, etc.

3. Mr. Ashish Rai has applied for 100 shares of ₹ 10 each payable as ₹ 2 per share on application, ₹ 4 on the allotment, and ₹ 4 on 1st and final call.

Question (a).
Is there any compulsion that he get the number of shares he has applied for?
Answer:
No, there is no such compulsion to get the shares. he has applied for. In case of oversubscription he may or may not be allotted shares.

Question (b).
What is the amount he will have to pay at the time of application?
Answer:
Mr. Ashish will have to pay ₹ 200/- (₹ 2/- x 100 shares applied for) at the time of application.

Question (c).
What is the maximum amount he will have to pay for the above shares?
Answer:
₹ 1000/- (₹ 10 * 100 shares) is the maximum amount that Mr. Ashish will have to pay as a total amount for the shares.

4. Anmol Steel Industries Ltd. wants to pay dividends to the registered shareholders.

Question (a).
Who recommends and approves the rate of dividend?
Answer:
The Directors recommends and shareholders approve the rate of dividend.

Question (b).
How will the dividend be paid to the shareholders?
Answer:
The dividend can be paid through a dividend warrant or through electronic mode i.e. ECS, NEFT.

Question (c).
Is the letter sent to the registered shareholders before the payment of the dividend?
Answer:
Yes, the companies send the letter of payment of dividend.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 6 Correspondence with Members

5. Mr. Raj She seeks information about interim dividends as heard from one of his fellow shareholders.

Question (a).
What does the Secretary refer to?
Answer:
The Secretary will refer to the date of dividend notice sent to the members

Question (b).
Does he need to give the details of the interim dividend?
Answer:
Yes, he can give the date and details sent.

Question (c).
After getting the details does Mr. Raj have any document that he can refer to as proof?
Answer:
Mr. Rajat can verify with the Passbook/ statement as regards the amount credited.

6. Yash Industries Ltd. is issuing bonus shares.

Question (a).
Can the company issues bonus shares to all the shareholders?
Answer:
No, the company can issue bonus shares to only existing shareholders of the company.

Question (b).
Is it necessary for the shareholders to pay a certain amount for bonus shares?
Answer:
No, bonus shares are fully paid up shares given by the company as a gift.

Question (c).
How are the shareholders informed regarding the issue of bonus shares?
Answer:
Bonus Shares are credited to shareholders Demat Account or share certificate is issued if shares are held in physical form.

7. Mr.Anand Khot has complained of a low rate of dividends. As a Secretary,

Question (a).
Is it necessary to reply to the complaint letter?
Answer:
Yes, it is a must for the Secretary to send a reply letter.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 6 Correspondence with Members

Question (b).
Is it necessary to give reasons for the low rate of dividends?
Answer:
Yes, reasons, as discussed in the AGM, can be written in the letter in order to convince about the low rate of dividend.

Question (c).
Which points he has to keep in mind while drafting the above letter?
Answer:
Prompt response, correct information, politeness, and image of the company are some of the major points to be considered while drafting the letter.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 5 Deposits

Balbharti Maharashtra State Board Class 12 Secretarial Practice Important Questions Chapter 5 Deposits Important Questions and Answers.

Maharashtra State Board 12th Secretarial Practice Important Questions Chapter 5 Deposits

1A. Select the correct answer from the options given below and rewrite the statements.

Question 1.
No Deposits can be repaid before ___________ months.
(a) One
(b) Six
(c) Nine
Answer:
(b) Six

Question 2.
Premature deposits can be repaid after ___________ months.
(a) Two
(b) Three
(c) Four
Answer:
(b) Three

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 5 Deposits

Question 3.
___________ company cannot collect deposits from the public.
(a) Private
(b) Public
(c) Government
Answer:
(a) Private

Question 4.
A copy of return of deposits must be sent to ___________
(a) Registrar of companies
(b) Govt of India
(c) State bank of India
Answer:
(a) Registrar of companies

Question 5.
On acceptance of deposits, companies required to keep register of deposits at ___________
(a) Office of the registrar
(b) Sebi office
(c) Registered office of the company
Answer:
(c) Registered office of the company

1B. Match the pairs.

Question 1.

Group ‘A’Group ‘B’
(1) Return of deposits(a) Cognisable criminal offense
(2) Deposits in contravention of the law(b) 25% of paid-up capital
(3) Deposit Repayment Reserve Account(c) Delivered to the registrar of companies
(4) Registrar of Companies(d) Approved by the SEBI
(5) Eligible public company(e) Filing of circular or advertisement
(f) On or before 30th June every year
(g) Not less than 15%
(h) Net worth 100 crores
(i) Net worth 10 crores
(j) No punishment

Answer:

Group ‘A’Group ‘B’
(1) Return of deposits(f) On or before 30th June every year
(2) Deposits in contravention of the law(a) Cognisable criminal offense
(3) Deposit Repayment Reserve Account(g) Not less than 15%
(4) Registrar of Companies(e) Filing of circular or advertisement
(5) Eligible public company(h) Net worth 100 crores

Question 2.

Group ‘A’Group ‘B’
(1) Private company(a) Approval of secretary
(2) Period of deposit(b) Can accept deposits from the public
(3) Validity of advertisement(c) Can accept deposits from its members or relatives of directors or directors
(4) Board of directors(d) Six months to three years
(5) Public company(e) Approval of depositors
(f) Right to accept deposits
(g) Six months to forty-two months
(h) Refund of deposit before maturity
(i) Ten months after the expiry of the financial year
(j) Six months after the expiry of the financial year

Answer:

Group ‘A’Group ‘B’
(1) Private company(c) Can accept deposits from its members or relatives of directors or directors
(2) Period of deposit(d) Six months to three years
(3) Validity of advertisement(j) Six months after the expiry of the financial year
(4) Board of directors(f) Right to accept deposits
(5) Public company(b) Can accept deposits from the public

1C. Write a word or a term or a phrase that can substitute each of the following statements.

Question 1.
An acknowledgment of deposit accepted by the company.
Answer:
Deposit Receipt

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 5 Deposits

Question 2.
Type of company that can accept deposits from members as well as the public.
Answer:
Eligible Public Company

Question 3.
A record of details of public deposits maintained by the company.
Answer:
Deposit register

Question 4.
The authority which has the power to accept deposits.
Answer:
Board of Directors

Question 5.
Return on investments as deposits in the company.
Answer:
Interest

Question 6.
Time within which company has to issue deposit receipt.
Answer:
30 Days

1D. State whether the following statements are true or false.

Question 1.
A company can accept deposits payable on demand.
Answer:
False

Question 2.
A company can accept deposits to any extent.
Answer:
False

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 5 Deposits

Question 3.
Acceptance of deposits is the same as a renewal.
Answer:
False

Question 4.
Deposits may be secured or unsecured.
Answer:
True

1E. Find the odd one.

Question 1.
Record of deposits registered office of the companies, Registrar of companies.
Answer:
Registrar of companies

Question 2.
Six months, thirty-six months, forty-two months.
Answer:
Forty-two months

Question 3.
Advertisements, Circular, Board meeting.
Answer:
Board meetings

Question 4.
English newspaper, application for, a regional newspaper.
Answer:
Application forms

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 5 Deposits

Question 5.
Return of deposits, stock exchange, registrar of companies.
Answer:
Stock Exchange

1F. Answer in one sentence.

Question 1.
Are loans and deposits the same?
Answer:
Loans mean any sum borrowed by a company. It has to be repaid instantly or when demanded by the lender whereas deposits are sums borrowed by the company but repaid only on a fixed maturity date.

2. Explain the following terms/concepts.

Question 1.
Register of Deposit
Answer:

  • Register for Deposits records all the deposits accepted or renewed by the company at its registered office.
  • The details of the deposit along with the details of the depositors should be entered in the Register of Deposits within seven days from the date of issue of the Deposit Receipt.

Question 2.
Interest on Deposit
Answer:

  • The return received on the deposit amount is called Interest on Deposit.
  • The rate of interest on deposits is decided by the Reserve Bank of India from time to time.
  • In case of premature repayment of deposits, the company can deduct 1% interest from the rate of interest stated at the time of acceptance of the deposit.

3. Answer in brief.

Question 1.
Explain the provisions related to the period/tenure of deposits.
Answer:
The provisions related to the period/tenure of deposits are as follows:

  • No deposit can be accepted or renewed which is to be repaid within a period of six months or more than thirty-six months.
  • In certain circumstances, a company may accept deposits repayable earlier than six months to meet its short-term needs.
  • Such deposits must have a tenure of a minimum of three months and the number of such deposits cannot be more than 10% of the aggregate of the paid-up share capital and free reserves of the company.
  • Under certain circumstances, at the request of the depositor, the company makes premature repayment of deposits.
  • The company may also renew its deposits with the same terms of issue and it will be considered as fresh deposits.

4. Answer the following questions.

Question 1.
Explain terms and conditions for acceptance of deposits.
Answer:
The company raises funds by accepting deposits from the public and its own members. In other words, it is a short-term loan taken by the company. The company can collect deposits on certain terms and conditions laid down by the Companies Act 2013. They are as follows:
(i) Amount of Deposit:
Different types of companies have different terms and conditions for accepting deposits.
The following table shows the percentage of acceptance of deposits.

CompaniesAcceptance of Deposits (%)
(i) Private CompanyUp to 100% of the aggregate of paid-up share capital and free reserves
(ii) Public CompanyShould not exceed 25% of the aggregate of paid-up capital and free resources
(iii) Eligible Public CompanyShould not exceed 25% of the aggregate paid-up capital and free reserves in case of the public.

Should not exceed 10% of the aggregate paid-up capital and free reserves in case of members.

(iv) Government CompanyShould not exceed 35% of the paid-up share capital and free reserves.

(ii) Period/Tenure of Deposit:

  • The tenure of deposit should be more than six months but less than thirty-six months.
  • Under certain circumstances only, the company can accept deposits for 3 months.
  • The company can make premature repayment of deposits after a minimum of 3 months.

(iii) No demand deposit:
The company cannot accept or renew deposits repayable on demand.

(iv) Secured or Unsecured Deposit:

  • A company can accept secured or unsecured deposit if it is mentioned in the circular or advertisement.
  • A company offering secured deposits has the right to create a charge on its tangible assets within 30 days of acceptance of deposits.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 5 Deposits

(v) Application Form:

  • A prescribed application form is to be filled by the applicant.
  • This application form is given by the company.
  • It includes a declaration made by the applicant that the deposit he is making is not borrowed from any person.

(vi) Joint names:
The company can accept deposits in joint names of depositors. But there should not be more than three names.

(vii) Nomination:

  • Every depositor has to nominate at least one person.
  • Nominee enjoys all the benefits in the event of death of the depositor.

(viii) Circular or Advertisement:

  • If a company invites deposits from its members, it issues a circular. But if it invites deposits from the public, the company has to issue an advertisement.
  • A copy of the circular or advertisement signed by all directors must be filed with the Registrar of Companies.
  • Issue of Circular or Advertisement:
  • The company has to publish the advertisement in one English newspaper and one vernacular/regional newspaper.

(ix) Appointment of Deposit Trustee:

  • Deposit Trustee is appointed by the public companies and eligible public companies.
  • One of the more deposit trustees is appointed if secured deposits are issued.
  • A contract ‘Trust Deed’ is signed between the company and deposit trustee.

(x) Create charge on assets:
The company secured deposits create a charge on its tangible assets within 30 days of acceptance.

(xi) Deposit Insurance:

  • A company needs to take Deposit Insurance at least 30 days before the issue of circular or advertisement.
  • Deposit insurance is necessary only when the deposit amount plus interest is up to ₹ 20,000.

(xii) To obtain a credit rating:

  • The company obtains credit ratings for deposits on the basis of the net worth of the company, liquidating position, ability to repay deposits on time, etc.
  • Credit rating for deposits is given by credit rating agencies.
  • The rating is done every year during the tenure of deposits.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 5 Deposits

(xiii) Open Deposit Repayment Reserve Account:

  • A Deposit Repayment Reserve Account is opened in a scheduled bank for accepting deposits.
  • The company has to deposit an amount up to 15% of the number of deposits maturing during the current year and following the financial year on or before 30th April.
  • This account is used only for repaying deposits only.

(xiv) Deposit Receipt:

  • Deposit Receipt is to be issued to the depositors within 21 days from the date of receipt of money or realization of cheque.
  • The receipt has to be signed by the officer duly authorized by the Board of Directors.
  • The Receipt contains the name and address of the depositor, amount of deposit, rate of interest payable, and date on which it is repayable.

(xv) Register of Deposit:

  • Register of Deposit is to be maintained by the company at its registered office.
  • The details of the deposit accepted and renewal of the deposits are recorded and depositors are recorded in the Register of Deposits.
  • Deposit Receipt should be issued within 7 days from the date of issue.

(xvi) Return of Deposit:

  • A Return of Deposit should be recorded with the company on or before 30th June every year.
  • The return includes details of deposit with the company as of 31st March of that year.

(xvii) Interest:

  • Reserve Bank of India decides the rate of interest on deposits.
  • The rate of interest changes from time to time.
  • In case of premature repayment of deposits, the company can deduct 1% interest from the rate of interest.
  • If the deposits matured and are claimed but remain unpaid by the company, the company will be liable to pay a penal rate of interest at the rate of 18%.

(xviii) Right to alter the Terms and Conditions:
A company cannot directly or indirectly alter the terms and conditions of the Deposit, Deposit Trust Deed, and Deposit Insurance, once the circular or advertisement is issued and deposits are accepted.

(xix) Disclosure in financial statements:
Deposit money received by the company from the Directors or the relatives of the Directors (in the case of a private company) should be disclosed in the company financial statement.

(xx) Punishment:

  • As per the Companies Act, an officer of the company will be liable for punishment if found guilty / not fulfilling the provisions of the Act.
  • The Maharashtra Protection of Interest of Depositors (in Financial establishments) Act, 1999 has the right to take action against companies and also punish if found guilty.
  • Companies in Maharashtra will be punished for contravening the provisions of this Act also.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 5 Deposits

Question 2.
Explain the procedure for accepting deposits from the public.
Answer:
Only Eligible Public Companies can accept deposits from the public.
Following is the procedure to be followed for accepting deposits from the public:
(i) Hold Board Meeting:

  • A resolution is passed in the Board Meeting for accepting the deposits from the public.
  • The details of the amount of deposit, terms and conditions of issue, etc. are decided in this meeting.

(ii) Hold a General Meeting:

  • A General Meeting is held by the company for seeking shareholders’ approval for accepting deposits.
  • A Special resolution is passed and filed with the Registrar of Companies and if needed with RBI also.

(iii) Hold Board Meeting:

  • The board meeting is held to verify and approve the draft of the advertisement.
  • The draft should be signed by the majority of the Directors of the company.

(iv) Appoint Banker:
The company has to appoint a banker so that the applicants can submit their application form along with the deposit money.

(v) Obtain Credit Rating:

  • The company has to obtain a Credit rating from a recognized Credit Rating Agency.
  • This helps in the goodwill of the company.
  • This credit rating should be mentioned in the advertisement.

(vi) Appoint Deposit Trustee:

  • The company appoints Deposit Trustees when secured deposits are issued.
  • It is a contract between the company and Trustee i.e. Deposit Trustee Deed.
  • The Deposit Trust deed contains the terms and conditions.
  • The deed has to be signed at least 7 days before issuing the advertisement.

(vii) Take Deposit Insurance:

  • The company enters into an agreement with the Insurance Company 30 days before issuing the advertisement.
  • Deposit Insurance is necessary only when the deposit amount plus interest exceeds ₹ 20,000.

(viii) File a copy of the advertisement with the Registrar of Companies:

  • A copy of the advertisement has to be filed with the Registrar of Companies.
  • The company can publish the advertisement after 30 days of filing.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 5 Deposits

(ix) Advertisement to the Public:

  • Advertisement is published for the public after 30 days of filing with the Registrar of Companies.
  • The advertisement has to be published in one English newspaper and one regional newspaper having wide circulation in the state where the company’s registered office is located.

(x) Upload the advertisement on the company’s website:
After releasing the advertisement to the public, it is also necessary to upload it on the company’s website.

(xi) Collect application form and money:
The banker collects the application forms along with the deposit money on behalf of the company.

(xii) Issue Deposit Receipt:
The company has to issue a Deposit Receipt within 21 days from the date of receipt of money or realization of cheque.

(xiii) Create charge on assets:

  • The company issuing secured deposits can create charges on its assets.
  • This charge of assets should be created within 30 days of acceptance of the deposit.

(xiv) Make entries in Register of Deposits:
Secretary has to record the details of deposits in the Register of Deposits within the 7 days after issuing the Deposit Receipt.
The entries have to be verified by an authorized officer.

(xv) File Return of Deposits with Registrar of Companies:

  • The company has to file a Return of Deposit before 30th June every year.
  • The return has details of Deposits with the company as of 31st March

Question 3.
Explain the procedure for accepting deposits from members.
Answer:
The following is the procedure to accept deposits from members:
(i) Hold Board Meeting:

  • Secretary arranges for a Board Meeting.
  • In the Board Meeting, decisions regarding the amount of deposit, terms of issue of deposit, etc. are decided.

(ii) Hold a General Meeting:

  • To seek approval from shareholders for accepting deposits, the company holds a general meeting.
  • A special resolution is passed in a general meeting and filed with the Registrar of Companies.

(iii) Hold Board Meeting:

  • After getting shareholder’s approval, a Board meeting is held to approve the draft of the circular for inviting applications for deposits from members.
  • The draft should be signed by a majority of the Directors of the company.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 5 Deposits

(iv) Appoint Banker:
A Banker is appointed for collecting the application forms and the Deposit money on behalf of the company.

(v) Obtain Credit Rating:

  • Credit rating agencies rate the company’s deposit.
  • The rating given by the Credit Rating Agency must be mentioned in the circular.

(vi) Appoint Deposit Trustee:

  • Company appoints Deposit Trustees.
  • The Trust deed is signed at least 7 days before issuing the circular.

(vii) Take Deposit Insurance:
The company takes Deposit Insurance at least 30 days before issuing the circular.

(viii) File a copy with Registrar of Companies:
A copy of the circular is filed with the Registrar of Companies and can be issued to the members-only after 30 days of filing.

(ix) Issue circular to members:

  • The company sends the circulars to members after 30 days of filing them with the Registrar.
  • It is sent by registered post, speed post, or email. The company may even publish the circular in newspapers.

(x) Upload circular on company’s website:

  • An eligible public company has to upload the circular on the company’s website.
  • Whereas, it is optional for a private company and other public companies.

(xi) Collect application form and money:
The company informs the bank to collect the application form along with the deposit money.

(xii) Issue of Deposit Receipt:

  • A deposit Receipt is issued by the company.
  • It should be issued within 21 days from the date of receipt of the money or realization of the cheque.

(xiii) Create charge on assets:
If a company accepts secured deposits, it has to create a charge on its assets within 30 days of acceptance of deposits.

(xiv) Make entries in Register of Deposits:

  • Secretary has to enter the details of deposits in the Register of Depositors within 7 days from the date of issue of Deposit Receipt.
  • It has to be signed by an authorized officer.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 5 Deposits

(xv) File Return of Deposits:

  • The company has to file a return of deposit before 30th June every year.
  • The return has details of deposits with the company as of 31st March.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

Balbharti Yuvakbharati English 11th Digest Chapter 1.6 Tiger Hills Notes, Textbook Exercise Important Questions and Answers.

Maharashtra State Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

11th English Digest Chapter 1.6 Tiger Hills Textbook Questions and Answers

1. Ajoy and Sujoy went to watch a cricket match. They enjoyed it very much, but they missed their friends Vinay and Sunay. Next day, when the four friends met, Ajoy reported how the game was played, how the players performed and how the game ended. Sujoy told them that they missed Vinay and Sunay very much and they were eager to tell them about the enjoyments.

Question (i)
Complete the following sentences:
Answer:
(a) Ajay reported about the strategy of the game, the performance of the players and the way the game had ended.
(b) Sujoy reported about their feeling of missing their other two friends Vinay and Sunay and also about their eagerness to tell them how much they had enjoyed watching the cricket match.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

Question (ii)
The word ‘report’ means –
(a) Give a spoken or written account of something.
(b) Cover an event or subject as a journalist or reporter.
Answer:
(a) Give a spoken or written account of something.

2.

Question (i)
Find out the meaning of the following words:
Answer:
(a) Reportage: The reporting of news by the press and the broadcasting media.
(b) Reporter: A person employed to find out informations about the news events and describe them for a newspaper, magazine, radio or television.
(c) Reported Speech: When a speaker’s words are reported in subordinate clauses governed by a reporting verb and the necessary changes of person and tense.
(d) Reportorial: A writer, investigator or presenter of news stories.

Question (ii)
Make a list of the factors which make war stories or war-movies interesting.
Answer:
(a) They are usually based on historical facts.
(b) They need to have a gripping story line.
(c) They help us to understand the risks and sacrifices of the soilders.
(d) They make us realize the importance of peaceful co-existence and the futility of war.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

(A1)

Question (i)
Imagine that you are about to interview the writer. Write 10 to 15 questions regarding the operation.
Answer:
On the 20th Anniversary of Kargil war, we remember an armed conflict between India and Pakistan in the Kargil District of Kashmir and elsewhere along the Line of Control. We are fortunate to have in our studio General Ved Prakash Malik, who was the Chief of the Army Staff of India at that time.

Excerpts from the Interview :

  1. Good Morning, General Malik ! We are fortunate to have you in our studio on a day which is considered a zed-letter day in Indian history. What is the first word that comes to your mind when Kargil war is mentioned?
  2. How confident were you about Indian Victory?
  3. Was our Army prepared for such a difficult operation? Please give one or two examples.
  4. Your book on ‘Kargil’ says it all. How did you feel while narrating or rather reporting the events of those days?
  5. Kargil was the first war in Indian military history when media covered the entire battle live. How did you feel when you watched the coverage?
  6. What was your first reaction when this proposal came from media?
  7. You must have spent many sleepless nights when your boys were fighting a tough battle in Kargil. Share with us some of your experiences of those days.
  8. We have heard many stories of Kargil war like Vikram Batra, ‘Yeh Dil Mange More’. Tell us one or two of your unforgettable memories associated with ‘Operation Vijay’.
  9. There must be some memories of disappointments also. How did you handle them?
  10. What is your comment on the humanitarian norms maintained even at a time of emergency?
  11. How are the families of the Armymen involved when a war like this goes on?
  12. What was your first reaction when you heard about the moment of victory?
  13. What were your key words to your boys when you talked to them after they successfully accomplished the tough job?
  14. My last question to you is what do you want to say to the civilians about their behaviour during a war or a war-like situation?

Thank You very much General Malik for giving your valuable time to our viewers and all of us to make us know so many facts about the Kargil war.

(A2)

Question (i)
Enlist any four facts which made the capturing of Tiger Hill a national challenge.
Answer:

  1. The top of the Tiger Hill appeared almost impossible to capture since the enemy position on this mountaintop dominated parts of Srinagar-Kargil-Leh highway.
  2. Bad weather and a poor visibility due to darkness were two major hindrances for the Indian Army.
  3. Accurate firing by the well-trained enemy soldiers from the southernmost high ground was stalling the Indian Army for some time.
  4. Prevention of enemy reinforcements was an urgent necessity to evict the enemy from the Tiger Hill.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

Question (ii)
Different arms and ammunitions are mentioned in the excerpt. Find their names.
Answer:
Some of the arms and ammunitions used in the operation Tiger Hill are :

  1. Bofors Guns
  2. Individual Guns
  3. Multi barrelled Grad rocket launchers
  4. Mortars
  5. Artillery
  6. Grenades
  7. Field and medium guns

Question (iii)
“Wars are not fought only on the battlefield’. Comment.
Answer:
This statement is true. Since in every walk of life, people have to fight to get their demands fulfilled and justice to prevail. The military war is, of course, fought in the battlefield but the family of the soldiers and the civilians also get involved since the country goes through a difficult phase.

In our day to day life also, we have to fight a number of battles. War against corruption, diseases, price-rise, natural disasters causing immense suffering and the fight one has to do to combat that, are all the wars that are not fought in the actual battlefield. They also have to be fought on the battlefield of life and they are the struggles for survival.

Question (iv)
Make a list of the preparations made for an assault on Tiger Hill.
Answer:
(a) Throughout the last week of June 1999, 18 Grenadiers probed to establish the extent of the enemy’s defences.
(b) They also explored to find out suitable routes for the assault.
(c) After confirming the multidirectional assault as the best strategy, the commanding officer drew up an elaborate artillery fire plan.
(d) Individual guns were ranged so as to cover each objective.
(e) Bofors guns were used in a direct firing role.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

Question (v)
Complete the flow chart showing the events on the day of the assault.
Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills 1
Answer:
Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills 2Question (vi)
Rewrite the given statements in their order of occurrence.
The most difficult task of maintaining the hold on Tiger Hill was achieved in this way :
(a) 8 Sikh was ordered to attack and capture Helmet and India Gate.
(b) Bodies of the Pakistani soldiers were collected and buried appropriately.
(c)During the ferocious artillery duels the Grenadiers hung on their precarious perch with grit and determination.
(d) 8 Sikh fought back successfully two counterattacks with forty to fifty personnel.
(e) An adhoc column of 8 Sikh climbed the steep rock and captured India Gate.
(f) In spite of heavy casualties, 8 Sikh captured Helmet on 5 July.
Answer:
(a) During the ferocious artillery duels the Grenadiers hung on their precarious perch with grit and determination.
(b) 8 Sikh was ordered to attack and capture Helmet and India Gate.
(c) An adhoc column of 8 Sikh climbed the steep rock and captured India Gate.
(d) In spite of heavy casualties, 8 Sikh captured Helmet on 5th July.
(e) 8 Sikh fought back successfully two counterattacks with forty to fifty personnel.
(f) Bodies of Pakistani soldiers were collected and buried appropriately.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

(A3)

Question (i)
Find out the meanings of the following idioms / phrases and use them in your own sentences.
Answer:

  1. To hit the bull’s eye – get something exactly right.
    The reporter’s comments on the negligence of the authority hit the bull’s eve.
  2. To be taken by surprise – to shock someone by one’s sudden appearance on action.
    The enemy soldiers were taken by surprise when our soldiers attacked them suddenly.
  3. To get a toehold – to get an initial, stable position to proceed further.
    My friend is trying to get a toehold in the entertainment industry by doing modelling.
  4. Under the cover of – hidden or protected by
    The freedom fighters carried on many of their attacks under the cover of darkness.

Question (ii)
Find words from the text related to the war affairs.
Answer:
Brigadier, commander, capture, evicting, enemy, defense, mission, Mountain Brigade, artillery, combat, Grenadiers, strategy, assault, field, regiment, guns, The Air Force, military, target, company, infantry, captain, firefighting, duels, commando, hand-to-hand fight, bombardment, counterattack, battle, courage, reinforcements, Major, Lieutenant, soldiers, Subedar, casualties, Naib, Subedar, recapture, outcome, valour, victory.

(A4)

Question (i)
Find out the sentence with ‘Though, Although, Even though or But’ from the text and say its purpose.
Answer:
Although 18 Grenadiers held the top now, linking up with them was not so easy. Though/Although are subordinating conjunction which is used to introduce a subordinate clause and it needs a main clause to make it complete.

Question (ii)
Put ‘a/an’ or ‘the’ at proper places. Put a cross (x) where no article is applicable.
Answer:

  1. Ravi walked up to the principal’s cabin.
  2. Ahmed lives in a small town.
  3. Can I use × Cell Phone?
  4. Who’s the woman in your office?
  5. I need an English-Marathi dictionary.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

(A5)

Question (i)
Imagine you are one of the soldiers from 18 Grenadiers on the mission Tiger Hill. Narrate your experience of the war to your friend.
Answer:
Today I get goosebumps when I narrate to you about our mission Tiger Hill. Thankfully, at that time we were mentally alert and were prepared to combat our enemy. Now, I can refer to the incident as a ‘story’ but it is a reality to fight for the honour of our Motherland. I was one of the members or I should say soldiers of 18 Grenadiers who were assigned the mission of capturing the Tiger Hill with 8 Sikh, which was already posted at the base.

Moreover, a crack-team, that is, a highly specialized team of soldiers who could respond quickly and smartly, were with us to assist. We found out the extent of our enemy’s strength and searched for the suitable routes to attack. I still remember, on 3rd July, 1999, at 7pm, we started our multidirectional attack with the support of our fire power of artillery and mortars. You can’t imagine how bad the weather was.

There was darkness all around and it was extremely cold. In spite of all adversities, we were successful in holding the top of the Tiger Hill, but connecting with other companies was very difficult. The enemy camp also came out of their initial surprise and fierce counterattacks started immediately. Casualties were many and the numbers were increasing, but by God’s grace we could hold on the top, facing all dangers.

I must say here that my colleague Grenadier Yogender Singh Yadav and his team showed exceptional courage. 8 Sikh team decided another strategy of stopping the supply route to our enemy and that worked wonders.

To cut a long story short, finally the entire mission was accomplished on 3rd July, 1999 at night. We captured the Tiger Hill Top, though heavy fighting was still going on. But the enemy was unable to dislodge us and we won this fierce battle, thank God !

Today, as I narrated the happenings of those days, my eyes were filled with tears. We have won the Kargil war, our operation Vijay, but I have lost many of my friends. I salute those martyrs. They are the bravehears who sacrificed their lives to safeguard the prestige of our dear Motherland, India.

Question (ii)
Would you like to join Indian Army/Navy/ Air force? If not, suggest other ways in which you could serve your nation.
Answer:
I may not join Indian Army / Navy / Air Force but I want to be a teacher and facilitate all round development , of my students. I believe ‘Examples are better than precept’ .

So, I shall never try to preach, but follow certain principles in my own life to motivate the students to become not only sincere in studies but be good human beings to be assets to the nation. The bravehearts who captured the Tiger Hill Top by sheer grit and determination have taught me the lesson of hard work, perseverance and devotion. I shall try to inspire my students to achieve these qualities to be pillars which will hold the nation strongly.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

Question (iii)
Report Writing:
Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills 3

Question (i)
Study the web diagram and write the characteristics of report writing.
Answer:
A report should present factual and unbiased informations in brief and then analyze the facts. The reporter need to convert the comments of a person in indirect speech. He/she should always write a report in past tense and use passive voice.

Question (a)
You are Sharad Mathur, the General Secretary of the Sports Club of your college. Write a brief report of the Annual Sports activities for the college magazine.
Answer:
Annual Sports Activities 2019-20

Sharad Mathur.
(General Secretary, Sports Club)

27 December 2019

The sports club of xyz college, Ghatkopar had planned Annual Sports Activities for the academic session 2019-2020.

A variety of indoor and outdoor games were listed and our principals Dr. Atul Shanbag had approved the entire list. The professor-in-charge for sports, Shri Pankj Malhotra and his team of students had arranged for Inter-Collegiate Sports meet also where many colleges from Mumbai and its suburbs were invited to participate. The response was overwhelming. But, -before that, many intra college competitions were organized for our students to get enough practice.

Sports events were planned for the teachers also where teachers from other colleges in our college campus participated. These activities were interesting and the students enjoyed a lot.

As General Secretary of the Sports Club, I thank our principal, sports teacher and all the teachers of our college as well as teachers of our college campus and my dear fellow students for making the sports activities of their academic year, a grand success.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

Question (b)
Your school organised ‘Van Mahotsav Day’ recently. Write in about 100 to 150 words a report to be published in the school magazine.
Answer:
Van Mahotsav Celebration

XYZ
Secretary, Green Earth

6 June 2019

Van Mahotsav was celebrated by Green Earth, the environment club of our college with a lot of interest from the students on 5th June, the World Environment Day. The Mayor of Mumbai, was the Chief Guest and she planted a sapling on the college compound. The principal Ms. Shobha Patil urged the students and the teachers to plant more trees and to launch a campaign to save the environment.

Speaking on the occasion, Mayor Ms. Chande told that God had created environment and human beings to stay in harmony with each other. But unfortunately the imbalance between the two was disturbing. We should join hands to remove this imbalance.

Students of XIth standard presented a street play on saving the environment. A Cultural Programme concentrating on environment-friendly topics, was presented by the students. The programme ended with the vote of thanks offered by the secretary of the Environment Club of the college, who expressed his gratitude to everybody present there for encouraging such awareness drive.

Question (c)
You are the secretary of the NSS unit of your college. Write a brief report of the Blood Donation Camp arranged by your unit.
Answer:
Blood Donation Camp, 2019

Sushant Mehta
Secretary, NSS Unit

27 June 2019

The NSS unit of our college organized a blood donation camp on 24th June,2019 at 9am in the college premises. Dr. Ashok Patel, the eminent surgeon of KEM Hospital. Was the chief guest.

The programme started with the college prayer. NSS Convenor, Shri Ashish Chopra Sir, welcomed the chief guest and introduced him. Our principal, in her speech, thanked the respected chief guest, for sparing his valuable time to motivate the donors, for the noble cause.

Dr. Patel, in his simple but motivating words made the donors aware that blood donation was safe for healthy adult and there was no risk for contracting diseases as new sterile equipments are used for each donor. He also informed that the donor’s body usually replaced the liquid part of blood within 72 hours after giving blood. He advised the donors to take healthy meal, plenty of water and to have a good night’s sleep. One of the members of the NSS Unit offered Vote of thanks. The Blood Donation Camp was grand success because of the overwhelming response from the student donors and some of our teachers.

Yuvakbharati English 11th Digest Chapter 1.6 Tiger Hills Additional Important Questions and Answers

Question 1.
During the war the soldiers need to plan strategies.
1. Find the strategies planned.
2. Find some words related with such strategies.
Answer:
1. The strategies planned were:
(a) A thorough investigation to find out the extent of the enemy’s defenses
(b) To look out for the probable routes of the attac k
(e) Drawing of a detailed fire plan of the heavy weapons by the commanding officers
(d) Individual guns were ranged to cover each target
(e) Bofors guns were used in a direct firing with accuracy
2. Words related with such strategies are: scout, probe, enemy’s defences, suitable route, strategy, fire plan, direct firing, assault, targeted, accuracy.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

Question 2.
The enemy was taken aback due to the steps taken by the Indian Army. With the help of the text find out strategies of the Indian Army for such a situation.
Answer:
Captain Sachin Nimbalkar who was leading ‘D’ company, moved ahead with his company in a steep slope at the edge of the plateau ignoring darkness and bad weather. The enemy could never imagine that this could be made possible by the Indian soldiers and naturally they were surprised. There was another surprise waiting for the enemy when Lieutenant Balwan Singh along with ‘C’ Company and Ghatak (Commando) platoon could reach through one of the most difficult north eastern extension of the mountain, just thirty meters away from the top.

Both these approaches caught the enemy unaware and the Indian Army achieved their objective. Media supported and assisted the battle live. Guess the risks of the media people as well as of the army. The live coverage of media has its pros and cons. It is indeed a sign of progress and helps the army to access their strategies at the break of the war or after the war.

But too much of transparency can create confusion and invite criticism from the world around. Of course, there are always the risks of loss of lives as well as severe injuries of the civilian media people who might not have proper military training.

A great humanitarian norm is maintained during the battle. Find out and comment on it. At the time of war, it is important to remember basic humanitarian principles of life and the Indian Army has done exactly that while handling the casualties in the battle of Kargil.

Pakistani Captain Karnal Sher Khan lost his life in the counterattack from Indian Army. His body was handed over to Pakistani authorities with due respect. Other bodies of the deceased Pakistani soldiers, which were lying all over the battleground, were collected and cremated appropriately with the proper honour, a martyr deserved. The narrator uses selective words to express the Victory. They are:

  1. Jubilation
  2. Relief
  3. Replaced gloomy mood of the people
  4. Stabilized Situation.

Comprehension

Read the extract and complete the activities given below.

Global Understanding:

Question 1.
Rewrite the given statements in their order of occurance:
(i) 18 Grenadiers probed to scout for suitable routes for the assault.
(ii) A crack team assisted both 18 Grenadiers and 8 Sikh.
(iii) Air Force joined Tiger Hill Mission on 2-3 July.
(iv) Media Projected Mission Tiger Hill as a national challenge.
Answer:
(iv) Media Projected Mission Tiger Hill as a national challenge.
(ii) A crack team assisted both 18 Grenadiers and 8 Sikh.
(i) 18 Grenadiers probed to scout for suitable routes for the assault.
(iii) Air Force joined Tiger Hill Mission on 2-3 July.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

Say whether the following statements are true or false and correct the false statements.

Question (i)
The bodies of the Pakistani Soldiers were handed over to the Pakistani authorities.
Answer:
False. The bodies of the Pakistani soldiers were collected and buried appropriately.

Question (ii)
The writer got the news of the captured hill in the early morning.
Answer:
True

Question (iii)
When the Defence Minister landed at the New Delhi airport, the writer gave him the exciting news.
Answer:
False. The Defense Minister landed at the Amritsar airport

Question (iv)
The Indians were in a gloomy mood when the war was going on.
Answer:
True

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

Complex Factual

Question 1.
Why did the media project Tiger Hill Mission as a national heritage?
Answer:
The clear visibility of the top of the Tiger Hill from the highway posed a big challenge for the Army. Not only was it exposed to everybody but the level of difficulty could also be felt before the beginning of the mission. That made the media come to the conclusion of referring Tiger Hill Mission, a challenge for the nation since all the activities of the soldiers could be seen.

Question 2.
Why was the writer keen to make the announcement on 4th July.
Answer:
The writer was keen to make the announcement of the recapture of the Tiger Hill to the world as a meeting was scheduled on the same day between the Prime Minister of Pakistan and the President of the USA. As Pakistan always denied the existence of such a mountain feature labelling it as a figment of Indian imagination, it was important for the world to know the reality, making Pakistani denial impossible.

Inference / Interpretation / Analysis

Question 1.
Make a list of four strategies that were planned for Mission Tiger Hill.
Answer:
The strategies planned were:

  1. A thorough investigation to find out the extent of the enemy’s defenses
  2. To look out for the probable routes of the attack
  3. Drawing of a detailed fire plan of the heavy weapons by the commanding officers
  4. Individual guns were ranged to cover each target

Question 2.
Why did the writer decide to wait for the announcement of the capture of the Tiger Hill? Explain. Answer:
The writer, after consulting to GOC 15 Corps and Nirmal Chander Vij decided to wait for officer’s announcement of the victory since heavy fighting was going on. There was still no confirmation from GOC 8 Mountain Division who was at the forefront. So, the writer decided for the authentic news to come to him from somebody who was at the war front.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

Personal Response:

Question 1.
Explain whether you support live media coverage of the war.
Answer:
Yes, I agree with General Malik when he talks about transparency through the live media coverage. It is definitely a sign of progress and must be helpful for the Army for the assessment of their strategies. But, at the same time, live media coverage can create confusion which the reporters need to be careful about.

Question 2.
Express your feeling after reading the passage.
Answer:
I feel proud about Indian soldiers who took risks to save the pride of our Motherland. I am also extremely impressed by the respect showed to the enemy soldiers who also laid their lives for their country. I respect the way the writer has shown his responsibility to make an official announcement.

Language Study:

Question (i)
A simultaneous multidirectional assault emerged as the best strategy.
(Use the word ‘Good’and rewrite)
Answer:
No other strategy emerged as good as a simultaneous multidirectional assault.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

Question (ii)
The Air Force targeted Tiger Hill on 2-3 July and hit the bull’s eye several times. (Use ‘Not only But also’and rewrite)
Answer:
Not only did the Air Force target Tiger Hill on 2-3 July but also hit the bull’s eyes several times.

Question (iii)
In India, wave of jubilation and relief replaced the gloomy mood of the people.
(Use ‘not only but also’)
Answer:
In India, not only a wave of jubilation but also relief replaced the gloomy mood of the people.

Question (iv)
The enemy would not be able to dislodge 18 Grenadiers. (Remove Negative)
Answer:
The enemy would be unable to dislodge 18 Grenadiers.

Vocabulary:

Question 1.
Pick up some names of the artillery used for Mission Tiger Hill.
Answer:
Bofors guns, rocket launchers, field and medium guns, mortars.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

Question 2.
Give noun forms of the following adding suffixes.

  1. confirm
  2. bury
  3. collect
  4. consult

Answer:

  1. Confirmation
  2. burial
  3. collection
  4. consultation

Grammar:

Question 1.
Use of a/an/the
a/an – Indefinite articles
‘a’ is used with consonents and ‘an’ is used with vowels, that is, with the letters, ‘a,e,i,o,u’. They are used when we mention something for the first time, e.g., ‘And on the mountain stands a tree’.
But, ‘the’, a definite article, is used with something already mentioned, e.g., ‘And on the tree there is a branch’.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.6 Tiger Hills

Glossary:

  1. majestically – with impressive beauty
  2. vicinity – surrounding area
  3. features – characteristics
  4. projected – predicted
  5. episode – incident / event
  6. assigned – allotted / given
  7. grenadiers – soldiers armed with Grenades
  8. crack – team – highly specialized team who can do things quickly and smartly
  9. combat – action / battle
  10. scout – look out
  11. spell – a short period
  12. elaborate – detailed
  13. assault – strike / hit
  14. mortars – short, smooth bore-guns
  15. transparency – clarity / openness
  16. artillery – heavy weapons
  17. intermediate – middle / in-between
  18. negotiate – arrange / work out
  19. steep – sharp
  20. inclement – cold / chilly
  21. orchestrated – planned
  22. duels – Fight between two people to settle a point
  23. bombardment – shelling
  24. wore off – lessened / faded
  25. gearing up – preparing for an activity
  26. casualties – losses / deaths
  27. grit – courage
  28. evict – oust / remove
  29. reinforcements – extra persons sent to increase the strength of the army
  30. platoon – squad / unit
  31. reverse – backwards
  32. scattered – spread over large area
  33. dislodge – remove / displace
  34. confirmation – support
  35. outcome – result
  36. a figment of imagination – something made up / created by one’s mind
  37. jubilation – joy / great happiness
  38. gloomy – depressing / cheerless
  39. acquitted – conducted oneself
  40. velour – courage
  41. battalion – army / contingent / unit
  42. adjacent – situated near or close to something,
  43. evicting: to remove somebody from a house or land, especially with the support of law
  44. well- fortified – to strengthen a place well against attack
  45. mission – a particular task done by a person or a group a particular aim or duty that one wants to fulfill more than anything else
  46. protrusion – a thing that extends from the place or from the surface something that sticks out,spur- an area of high ground extending from a mountain or hill
  47. escarpment – a long,steep slope at the edge of a plateau
  48. precarious – not safe,dangerous,
  49. perch – a high seat or position
  50. adhoc – adv- when necessary or needed
  51. tenure – the act or a period of holding an important, especially political position

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

Balbharti Maharashtra State Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members Textbook Exercise Questions and Answers.

Maharashtra State Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

1A. Select the correct answer from the options given below and rewrite the statements.

Question 1.
Directors are the ____________
(a) paid employee of the company
(b) representatives of the shareholders
(c) creditors of the company
Answer:
(b) representatives of the shareholders

Question 2.
The dividend is to be paid to the shareholders within ____________ days from the date of declaration.
(a) 30
(b) 40
(c) 20
Answer:
(a) 30

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

Question 3.
Registered shareholders receive dividend through ____________ warrant.
(a) share
(b) debenture
(c) dividend
Answer:
(c) dividend

Question 4.
Shares issued free of cost to the shareholders are known as ____________ shares.
(a) preference
(b) equity
(c) bonus
Answer:
(b) equity

Question 5.
Share Certificate should be ready for delivery by the company within ____________ months after the allotment of shares.
(a) 3
(b) 5
(c) 2
Answer:
(c) 2

Question 6.
Secretarial correspondence with members should be ____________
(a) lengthy
(b) shortcut
(c) prompt and precise
Answer:
(c) prompt and precise

Question 7.
Dividend is recommended by ____________
(a) Board of Directors
(b) shareholders
(c) Depositors
Answer:
(a) Board of Directors

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

Question 8.
Dividend is paid out of ____________ of the company.
(a) Capital
(b) Building Fund
(c) Profit
Answer:
(c) Profit

Question 9.
____________ is issued by the company to its registered shareholders after the declaration of dividend at the Annual General Meeting of the company.
(a) Dividend Warrant
(b) Interest Warrant
(c) Share Warrant
Answer:
(a) Dividend Warrant

1B. Match the pairs.

Question 1.
Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members 1B Q1
Answer:

Group ‘A’Group ‘B’
(a) Dividend Warrant(9) Instrument for Payment of Dividend
(b) Return on Shares(6) Dividend
(c) Bonus Shares(4) Capitalisation of Reserve Fund
(d) ECS(3) Electronic Clearing Service
(e) NEFT(5) National Electronic Fund Transfer

1C. Write a word or term or a phrase which can substitute each of the following statements.

Question 1.
Shares given free of cost to the existing equity shareholders.
Answer:
Bonus shares

Question 2.
Instrument for payment of dividend.
Answer:
Dividend Warrant

Question 3.
The shareholders to whom the bonus shares are issued.
Answer:
Equity shareholders

Question 4.
The authority which recommends the rate of dividend.
Answer:
Board of Directors

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

Question 5.
An officer who comes into contact with all the members of the company through correspondence.
Answer:
Secretary

Question 6.
A special kind of cheque issued by a company on its banker to pay certain sum of money as dividend to its members.
Answer:
Dividend warrant

1D. State whether the following statement are True or False.

Question 1.
Bonus shares are issued to existing equity shareholders.
Answer:
True

Question 2.
Building fund is used for issue of bonus shares.
Answer:
False

Question 3.
Bonus shares means capitalisation of reserve fund.
Answer:
True

Question 4.
Registered shareholder gets dividend through dividend coupons.
Answer:
True

Question 5.
Dividend is the portion of the profits of the company which is allotted to the holders of the debentures of the company.
Answer:
True

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

Question 6.
Every company must issue or dispatch a share certificate to the allottee within three months after allotment of shares.
Answer:
False

Question 7.
A complaint letter should not be replied promptly.
Answer:
True

1E. Find the odd one.

Question 1.
Secrecy, Dividend, Interest
Answer:
Secrecy

Question 2.
Bonus Letter, Dividend Letter, Board of Directors
Answer:
Board of directors

Question 3.
Dividend Warrant, Interest Warrant, Demat
Answer:
Demat

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

Question 4.
Secretary, Board of Directors, Dividend, Lucid Language
Answer:
Lucid Language

1F. Complete the sentences.

Question 1.
Dividend is recommended by ____________
Answer:
Board of Directors

Question 2.
A company capitalises its Reserve Fund for issue of ____________ shares.
Answer:
Bonus

Question 3.
Payment of dividend must be made within ____________ days of its declaration.
Answer:
30

Question 4.
Dividend is approved by the ____________ in the Annual General Meeting.
Answer:
Shareholders

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

Question 5.
The ____________ has to communicate the decisions of the management to the members by conducting correspondence.
Answer:
Secretary

1G. Select the correct option from the bracket.

Question 1.
Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members 1G Q1
(Written communication, Bonus shares, Dividend, ECS)
Answer:

Group ‘A’Group ‘B’
(a) Return on shares(1) Dividend
(b) Capitalisation of Reserve Fund(2) Bonus shares
(c) Correspondence(3) Written communication
(d) ECS(4) Payment of Dividend Electronically

1H. Answer in one sentence.

Question 1.
What is dividend warrant?
Answer:
Dividend warrant is written order given by the company to its banker to pay amount mentioned in it to the shareholder whose name is specified therein.

Question 2.
What is capitalization of reserve?
Answer:
Capitalization of reserves is the use of corporate reserves to pay a bonus to the shareholders in the form of additional shares.

Question 3.
What is Dividend?
Answer:
Dividend is the portion of profits of the company which is distributed to the shareholders of the company.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

Question 4.
Who recommends the rate of dividend?
Answer:
The Board of Directors of the company recommends the rate of dividend.

Question 5.
Which type of shareholders enjoys the benefit of Bonus Shares?
Answer:
Equity share holders enjoy the benefit of bonus shares.

Question 6.
What is meant by payment of dividend electronically?
Answer:
Payment of dividend electronically means transfer of dividend amount through ECS (Electronic Clearing Service) NEFT(National Electronic Fund Transfer) etc.

1I. Correct the underlined word and rewrite the following sentences.

Question 1.
Dividend is recommended by shareholders.
Answer:
Dividend is recommended by shareholder.

Question 2.
The person who purchases shares of the company is called Depositor.
Answer:
The person who purchases shares of the company is called shareholder.

Question 3.
Bonus shares are issued as a free gift to the preference shareholders.
Answer:
Bonus shares are issued as a free gift to the equity shareholders.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

Question 4.
Payment of dividend must be made within 21 days of its declaration.
Answer:
Payment of dividend must be made within 30 days of its declaration.

Question 5.
A company must issue the Share Certificate within three months of allotment of shares.
Answer:
A company must issue the Share Certificate within two months of allotment of shares.

1J. Arrange in proper order.

Question 1.
(a) Allotment of shares
(b) Application for shares
(c) Share certificate
Answer:
(a) Application for shares
(b) Allotment of shares
(c) Share certificate

Question 2.
(a) Member
(b) Applicant
(c) Bonus shares
Answer:
(a) Applicant
(b) Member
(c) Bonus shares

2. Explain the following terms/concepts.

Question 1.
Capitalisation of Reserve
Answer:
Capitalisation of reserves is the use of corporate reserves to pay a bonus to the shareholders in the form of additional shares. It is distributed to equity shareholders in pre-determined ratio.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

Question 2.
Bonus Shares
Answer:
Bonus shares are fully paid up shares given by a company as a gift out of its accumulated profits or reserves to the existing equity share holders in proportion of shares held by them. It is given free of cost and also known as capitalization of reserves.

Question 3.
Dividend Warrant
Answer:
Dividend warrant is written order given by the company to its banker to pay amount mentioned in it to the shareholder whose name is specified therein. Dividend can be paid through Dividend warrant or by means of electronic mode ECS or NEFT etc. to those shareholders who are registered members i.e their names appear in the Register of members.

3. Answer in brief.

Question 1.
Which precautions are to be taken by the Secretary while corresponding with members?
Answer:
The Secretary has to communicate the decisions of the Management and other information to the members through correspondence. The Secretary should be very cautious and careful while corresponding with members of the company. Writing letters to the members is a challenging task and it requires skills, knowledge and techniques.
Following are the precautions that are needed to be taken by the secretary while writing different letters on different occasions:
(i) Correct Information:
The Secretary should always provide correct, up- to date and factual information to the members. Due care should be taken while giving facts and figures.

(ii) Lucid Language:
The Secretary must use simple words and sentences and adopt convincing style while writing letters to the members. The use of simple language makes it easy to understand. Technical words, long sentences should be avoided in the letter.

(iii) Prompt Response:
The Secretary must be prompt in sending replies to the letters received from the members. Any questions or queries raised by the members must be replied promptly by the Secretary. Complaint letters should be attended to without any delay.

(iv) Secrecy:
The Secretary should not disclose any confidential information of the company to the members. The Secretary should tactfully answer letters without giving any secret information of the company.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

(v) Politeness (Courtesy):
A courteous letter shows sympathy, respect mutual understanding and consideration for the receiver. Use of courteous language means using polite words. A complaint letter should be replied politely. Rude language should be strictly avoided as it spoils image of the company.

(vi) Legal matters:
The Secretary should compulsorily follow provisions of the Companies Act, 2013 with latest amendments and other relevant laws. If necessary, secretary should consult with legal advisor on certain matters before drafting.

(vii) Consideration:
The Secretary should give importance and consideration to the reader and write the contents keeping in mind the problems of the member. While sending negative replies, he should draft these letters more carefully, so that members should not be hurt. Secretary should make the member feel that the management honestly regrets refusal.

(viii) Image of the Company:
The Secretary should try to project good image of the company in every situation. While drafting the letters, Secretary has to try his best to remove their doubts, queries and difficulties in a polite and courteous manner.

Question 2.
What are the circumstances under which Secretary undertakes correspondence with members?
Answer:
The following are the various occasions when the Secretary writes the letters to the members of the company:

  • Allotment Letter when shares are issued to an applicant.
  • Letter of Regret when shares are not issued to an applicant for any reason.
  • Letter for issue of Share Certificate to the allotted members.
  • Letter for Payment of Dividend through Dividend Warrant or Electronic Payment of Dividend.
  • Letter for issue of Bonus Shares or rights issue.
  • Reply letter to the query of the member on low rate of dividend.
  • Approval of Transfer of Shares after serving lodgement notice to the transferor as well as the transferee.
  • Refusal of Transfer of Shares, if call money is unpaid or any lien.
  • Notice and Agenda of General Meeting.
  • Reply to certain queries raised by the members.
  • Letters to legal representatives regarding Transmission of Shares.
  • Notice of loss of Share Certificate.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

4. Justify the following statements.

Question 1.
The Company Secretary should take certain precautions while corresponding with members.
Answer:

  • The Secretary has to communicate the decisions of the management and other information to the members through correspondence and hence, should be very cautious and careful while corresponding with members of the company. The Secretary should take precautionary measures while writing the letter by giving due respect to the members, and also provide complete and correct information techniques.
  • The Secretary should always provide correct, up- to date and factual information to the members.
  • The language used should be simple and convincing.
  • The Secretary must be prompt in sending replies to the letters received from the members.
  • He should compulsorily follow provisions of the Companies Act, 2013 with latest amendments and other relevant laws.
  • The Secretary should try to project good image of the company in every situation.
  • Thus, it is rightly said that, the Company Secretary should take certain precautions while corresponding with members.

Question 2.
There are certain circumstances when a Secretary has to correspond with members.
Answer:

  • Secretary correspond with members on behalf of the company.
  • Secretary acts as a link between the company and its members.
  • When the shares are allotted to the members they are been informed through the allotment letter. Similarly, if the application of shares has been rejected then members are been informed by the regret letter.
  • Secretary also informs members through letters on various occasions like issue of share certificate, payment of dividend, issue of bonus share, reply to the query raised by the member, etc.
  • Thus, it is rightly said that, there are certain circumstances when a Secretary has to correspond with members.

5. Attempt the following.

Question 1.
Write a letter to the shareholder regarding issue of Bonus Shares.
Answer:

YASH INDUSTRIES LIMITED
Registered Office: 102, New MIDC, Usha Tower, Shahu Chowk, Mumbai – 400 031.
CIN : L40407 MH 2005 PLC710007

Tel. No.: 022-23252323
Fax No.: 022-23600445
Ref. No.: Y/MR-B/5/19-20

Website: www.yashindustrieslimited.com
Email: [email protected]
Date: 16th October, 2019

Ms. Yukta Shroff
715, Narayan Peth,
Laxmi Road,
Pune – 411 038.

Sub.: Issue of Bonus Shares

Dear Madam,

I am directed by the Board of Directors to inform you that in accordance with the resolution passed in the Extra-ordinary General Meeting of the company held on 14th October, 2019, shareholders have unanimously approved the recommendation of Board of Directors to issue Bonus Shares. Bonus Shares are issued in the ratio of 1:1, i.e. one additional equity share for every equity share held as on 13th October, 2019.

The Details of issue of Bonus Shares are as follows:

12345
No. of Shares held on record dateNo. of Bonus Shares Issued/AllottedD.P. ID No. Credited to Demat Account No.Client ID No. Credited to Demat Account No.Date of Credit to Demat A/c
2525IN 3001001011606131-10-2019

The Company has complied with the provisions for the issue of Bonus Shares.
The Bonus Shares issued will rank pari passu /equal with the existing equity shares.

Thanking you,

Yours faithfully,
For Yash Industries Limited

Sign
(Mr. S. R. Naik)
Company Secretary

Question 2.
Write a letter to the member for the issue of Share Certificate.
Ans.

COMFORT MOTORS LTD.
Registered Office : A/30, Aurora Towers, M. G. Road, Camp, Pune 411 012.
CIN : U12111 MH 2000 PCL300477

Tel. No.: 020-80032844
Fax No.: 020-50063015
Ref. No.: C/MR-SC/30/19-20

Website: www.comfortmotorsltd.com
Email: [email protected]
Date: 12th November, 2019

Mr. Jayant Modi
Abhiman Apartment
30, L. B. Road,
Pune-411 001.

Sub.: Issue of Share Certificate

Dear Sir,
As per your Request Application No. 50, I am, hereby, authorized by the Board to issue you a Share Certificate. The said Share Certificate will be delivered to you within 15 days from the date of this letter by registered post to your registered address as mentioned in the Register of Members.

1234
Folio No.Share Certificate NumbersDistinctive NumbersTotal No. of Shares
FromTo
10069630301400100

It shall always be our endeavor/attempt to provide best of our services to you.
Thanking you,

Yours faithfully,
For Comfort Motors Ltd.

Sign
Mr. Anand Swami
Company Secretary

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

Question 3.
Write a letter to the member for the payment of dividend through Dividend Warrant.
Answer:

ANMOL STEEL INDUSTRIES LIMITED
Registered Office : 30, Anmol Niwas, J. M. Road, Nariman Point, Mumbai – 400 020.
CIN : L30408 MH 2003 PLC110845

Tel. No.: 022-97675877
Fax No.: 022-30010331
Ref. No.: A/MR-D/7/19-20

Website: www.anmolindustrieslimited.com
Email: [email protected]
Date: 7th May, 2019

Mrs. Jyoti Surti 12, Laxmi Niwas,
Amrapali Marg, Bandra,
Mumbai – 400 050.

Sub.: Payment of Dividend on Equity Shares
(Equity Shares of ₹ 10 each at par)

Dear Madam,
As per the instructions issued by the Board of Directors it is being conveyed to you that in the, Final Dividend @ ₹ 2.5 per equity share of ₹ 10/- each has been approved by the members for the year ending 31st March, 2019 in the 31st Annual General Meeting held on 20th April, 2019.

Your company has complied with all the statutory provisions (Sec. 123 of the Companies Act. 2013) relating to declaration of dividend. Details of dividend payable to you are as follows:

1234567
Register Folio No.No. of Shares heldDistinctive NumbersDividend Warrant No.Gross DividendIncome Tax Deducted (TDS)Net Dividend
FromTo
A-30100301400B-9931Rs.250/-NIL250/-

The ‘Dividend Warrant’ is attached herewith. Please detach the ‘Dividend Warrant’ along the perforated line.
Thanking you,

Yours faithfully,
For Anmol Steel Industries Limited.

Sign
Secretary

Encl.: Dividend Warrant

Question 4.
Write a letter to the member for the payment of Interim dividend electronically.
Answer:

GURUSAI AUTO LIMITED
Registered Office: 31, Tulsi Complex, Lodhi Road, Camp, Pune – 411 001.
CIN : L40103 MH 1999 PLC300477

Tel. No.: 020-24032844
Fax No.: 020-24356101
Ref. No.: S/MR-D/12/19-20

Website: www.gurusailimited.com
Email: [email protected]
Date: 3rd June, 2019

Mr. Jay ant Modi
15, Sagar Apartment,
Van Vihar Road,
Pune-411 030.

Sub.: Payment of Interim Dividend through Electronic Clearing Service (ECS), Direct Credit/NEFT

Dear Sir,

We are pleased to inform you that the Board of Directors of Gurusai Auto Limited in its meeting held on Thursday, 28th May 2019 has declared Interim Dividend @ ₹ 1/- (i.e. 10%) per equity share of face value of ₹ 10/- each.

As per the instructions given by you (either in person or through Depository Participant), we have remitted the amount of the Interim Dividend to your Banker for crediting your Bank Account, for electronic transfer. Your company has complied with all the provisions relating to declaration and payment of dividend.

Details of Dividend payable to you are given below:

123456
No. of Equity Shares held on Record Date (May 31st, 2019)Dividend Per Share (₹)Dividend Amount (₹)DPID and Client ID No.Date of RemittanceBank A/c. (Bank of Baroda)
500150012033 200074 790056th June, 20195656000 22105
(Bank of Baroda)

Please verify the credit of amount in your Pass Book/Statement of accounts.
As per the provisions of the Income Tax Act, 1961 no tax is required to be deducted at source in respect of Dividend payment, but dividend Distribution Tax has been paid by the Company.
Thanking you,

Yours faithfully,
For Gurusai Auto Limited.

Sign
(Mr. Jitesh M. Gandhi)
Company Secretary

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 6 Correspondence with Members

Question 5.
Draft a reply letter resolving the query of the member on low rate of dividend.
Answer:

SHREE CEMENT INDUSTRIES LIMITED
Registered Office : 31, Tulsi Tower, Bandra (East), Mumbai – 400 050
CIN : L50307 MH 2000 PLC160699

Tel. No.: 022-24245025
Fax No.: 022-45456035
Ref. No.: S/MR-D/25/19-20

Website: www.shreecementindustriesltd.com
Email: [email protected]
Date: 20th April, 2019

Ms. Kishor Malpani
15/21, Lotus Apt.,
Borivali (W),
Mumbai – 400 103.

Sub.: Resolving Query on Low Rate of Dividend made by the Company.

Dear Sir,
This is to inform you that as per your letter dated 15th April, 20191 am, hereby, authorised to resolve your query regarding the low rate of dividend paid by the company to their faithful members. The reasons for low rate of dividend are mentioned below:

  1. During the last year, due to the floods, company’s factory situated at Mahim (E) was not in a condition | to operate in a full fledged manner.
  2. Due to such unavoidable circumstances of natural disaster company faced huge financial losses.
  3. Hence, the Board of Directors has decided to transfer ?12.5 crores to General Reserves which is 50% ; more than the amount transferred to Reserves last year.

Hope you will be satisfied by the above information as provided by the company. We assure you that company will easily come over from such unavoidable circumstances and will deliver/pay/declare much better ! dividend in the coming years.

Thanking you,

Yours faithfully,
For Shree Cement Industries

Sign
(Mr. Suhas Bajaj)
Company Secretary

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Balbharti Maharashtra State Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits Textbook Exercise Questions and Answers.

Maharashtra State Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

1A. Select the correct answer from the options given below and rewrite the statements.

Question 1.
Deposit is a type of ____________
(a) Owned capital
(b) Short term loan
(c) Long term loan
Answer:
(b) Short term loan

Question 2.
Eligible Public Company and Government Company can collect deposits from ____________
(a) It’s employees
(b) Public
(c) RBI
Answer:
(b) Public

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 3.
A private company can accept deposits from its Member of Directors up to not more than ____________ % of its aggregate of paid-up share capital and free reserves.
(a) 100
(b) 35
(c) 25
Answer:
(a) 100

Question 4.
A ____________ Company can accept deposits from the public not exceeding 35% of its paid-up share capital and free reserves.
(a) Government
(b) Private
(c) Eligible Public
Answer:
(a) Government

Question 5.
Deposits can be accepted for a minimum of 6 months and maximum for ____________ months.
(a) 36
(b) 3
(c) 30
Answer:
(a) 36

Question 6.
Company issues ____________ to invite its members to subscribe for its deposit scheme.
(a) Advertisement
(b) Circular
(c) Newspaper
Answer:
(b) Circular

Question 7.
The company can issue a circular or advertisement for inviting deposits after ____________ days of filing it with the Registrar of Companies.
(a) 30
(b) 21
(c) 7
Answer:
(a) 30

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 8.
Company has to appoint ____________ to protect the interest of depositors.
(a) Debenture Trustees
(b) Deposit Trustees
(c) Credit Rating Agency
Answer:
(a) Deposit Trustees

Question 9.
Charge on assets is to be created when a company issues ____________
(a) Unsecured deposit
(b) Unsecured Debenture
(c) Secured deposit
Answer:
(c) Secured deposit

Question 10.
Deposit Receipt is issued within ____________ days of receipt of deposit.
(a) 7
(b) 30
(c) 21
Answer:
(c) 21

Question 11.
For premature repayment of deposit, company deducts ____________ % of interest.
(a) 1
(b) 18
(c) 20
Answer:
(a) 1

Question 12.
Return of deposit must be filed every year on or before ____________
(a) 30 June
(b) 31 March
(c) 30 April
Answer:
(a) 30 June

1B. Match the pairs.

Question 1.

Group ‘A’Group ‘B’
(a) Private Company(1) 10% of the aggregate of paid-up share capital + free reserves
(b) Deposit Trust Deed(2) Signed at least 7 days before issuing advertisement
(c) Secured Deposit(3) Maximum 30 months
(d) Tenure of deposit(4) Charge on tangible assets
(e) Return of Deposit(5) 100% aggregate of paid-up share capital + free reserves
(6) File on or before 31 March every year
(7) Signed 21 days after issuing advertisement
(8) Maximum 36 months
(9) Charge on intangible assets
(10) File on or before 30 June every year

Answer:

Group ‘A’Group ‘B’
(a) Private Company(5) 100% aggregate of paid-up share capital + free reserves
(b) Deposit Trust Deed(2) Signed at least 7 days before issuing advertisement
(c) Secured Deposit(4) Charge on tangible assets
(d) Tenure of deposit(8) Maximum 36 months
(e) Return of Deposit(10) File on or before 30 June every year

1C. Write a word or a term or a phrase that can substitute each of the following statements.

Question 1.
A company that can accept deposits from its members, directors, or their relatives not exceeding 100% of the aggregate of paid-up share capital and free reserves.
Answer:
Private Company

Question 2.
The company can accept deposits from the public up to 35% of its paid-up share capital and free reserves.
Answer:
Government Company

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 3.
Minimum tenure of a deposit.
Answer:
6 months

Question 4.
The maximum tenure of the deposit.
Answer:
36 months

Question 5.
Period within which a company has to create a charge on its tangible assets.
Answer:
30 days of Acceptance

Question 6.
Document issued by a company to invite its members to subscribe for its Deposits.
Answer:
Circular

Question 7.
Agreement between the company and Deposit Trustee.
Answer:
Deposit Trust Deed

Question 8.
The account can be used only for repaying deposits.
Answer:
Deposit Repayment Reserve Account

Question 9.
Time within which company has to issue deposit Receipt.
Answer:
21 days

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 10.
Book which contains details of deposits accepted or renewed.
Answer:
Register of Deposits

1D. State whether the following statements are true or false.

Question 1.
Return of deposit must be filed every year on or before 31 March.
Answer:
False

Question 2.
An eligible public company can collect deposits from its members.
Answer:
True

Question 3.
A government company can collect deposits from its members.
Answer:
False

Question 4.
A private company can collect deposits from the public.
Answer:
False

Question 5.
The deposit can be accepted for a maximum of 36 months.
Answer:
True

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 6.
An eligible public company can collect deposits from the public not exceeding 35% of its paid-up share capital and free reserves.
Answer:
False

Question 7.
For secured deposits, the company has to create a charge on its tangible assets.
Answer:
True

Question 8.
Deposit Receipt is issued within 21 days of receipt of deposits.
Answer:
True

Question 9.
Company appoints Credit Rating Agency to protect the interest of depositors.
Answer:
False

Question 10.
Deposit Trust Deed is an agreement between the company and Deposit Trustee.
Answer:
True

1E. Find the odd one.

Question 1.
Private Company, Eligible Public Company, Government Company.
Answer:
Private company

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 2.
Deposit Trustee, Deposit Trust Deed, Special Resolution.+
Answer:
Special Resolution

Question 3.
Appointment of Deposit Trustee, Appointment of Registrar of companies, Appointment of Credit Rating Agency.
Answer:
Appointment of Registrar of companies

1F. Complete the sentences.

Question 1.
Deposit is a type of ____________ term loan.
Answer:
Short term loan

Question 2.
Eligible Public company and Government Company can accept deposits from ____________
Answer:
Public

Question 3.
To collect deposits from the public, Eligible public company must have a net worth of not less than ₹ ____________
Answer:
₹ 100 Crores

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 4.
A Government company can accept deposits from public not exceeding ____________
Answer:
35% of the paid-up share capital and free reserves of the company

Question 5.
Deposits can be accepted or renewed for a period not less 6 months and not more than ____________
Answer:
36 months

Question 6.
Company cannot accept or renew deposits repayable on ____________
Answer:
Demand

Question 7.
Premature repayment of deposits can be done by a company but not before ____________
Answer:
3 months

Question 8.
To invite the public to subscribe for its deposits, a company issues ____________
Answer:
Advertisement

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 9.
Agency which gives ratings of the deposits of a company is called ____________
Answer:
Credit rating agency

Question 10.
Account which is used only for repaying deposits is called ____________
Answer:
Deposit Repayment Reserve Account

1G. Select the correct option from the bracket.

Question 1.

Group ‘A’Group B’
(a) Government Company(1) ………………….
(b) …………………….(2) Deposits from members
(c) 36 months(3) …………………….
(d) …………………….(4) Charge on tangible assets
(e) Return of deposit(5) ……………………

(File on or before 30 June, Private Company, Secured deposits, Deposits from public, Maximum tenure of deposits)
Answer:

Group ‘A’Group B’
(a) Government Company(1) Deposits from public
(b) Private Company(2) Deposits from members
(c) 36 months(3) Maximum tenure of deposits
(d) Secured deposits(4) Charge on tangible assets
(e) Return of deposit(5) File on or before 30 June

1H. Answer in one sentence.

Question 1.
Which companies can accept deposits from the public?
Answer:
Government Companies and Eligible Public companies can accept deposits from the public.

Question 2.
What is the maximum deposit the Government company can collect?
Answer:
Government companies can accept deposits from the public not exceeding 35% of the paid-up share capital and free reserves of the company.

Question 3.
What is the tenure of a deposit?
Answer:
A company can accept deposits for a minimum of 6 months and a maximum of 36 months.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 4.
Who are Deposit Trustees?
Answer:
Eligible companies and public companies have to appoint one or more Deposit Trustees to protect the interest of the depositor, in case a company defaults in repaying the depositors.

Question 5.
What is Deposit Trust Deed?
Answer:
Company signs a contract with the Deposit Trustees called as Trust Deed which contains the terms and conditions of the contract.

Question 6.
When does a company create a charge on its tangible assets?
Answer:
A Company accepting secured deposits from the public has to create a charge on its tangible assets.

Question 7.
Within what period should a company issue a Deposit Receipt?
Answer:
The company has to issue a Deposit Receipt to the depositors within twenty-one (21) days from the date of receipt of money or realization of cheque.

Question 8.
When should a company file Return of Deposit?
Answer:
A company has to file a Return of Deposit on or before 30 June every year with the Registrar of Companies.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 9.
What is Deposit Repayment Reserve Account?
Answer:
Every company accepting deposits has to open a Deposit Repayment Reserve Account in a scheduled Bank which can be used only for repaying deposits.

Question 10.
What is the Register of Deposit?
Answer:
A company has to maintain a separate Register for deposits accepted or renewed at its registered office which is called as Register of Deposits.

1I. Correct the underlined word/s and rewrite the following sentences.

Question 1.
Government companies can accept deposits from members.
Answer:
Government companies can accept deposits from the public.

Question 2.
Company issues advertisement to invite its members for subscribing to its deposits.
Answer:
Company issues are circular to invite its members for subscribing to its deposits.

Question 3.
Company appoints Credit Rating Agency to protect the interest of Depositors.
Answer:
Company appoints Deposit Trustees to protect the interest of Depositors.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 4.
Deposit Receipt is issued within 7 days from the date of receipt of deposits.
Answer:
Deposit Receipt is issued within 21 days from the date of receipt of deposits.

Question 5.
Register of deposits is to be filed with the Registrar of companies on or before 30th June every year.
Answer:
Return of deposits is to be filed with the Registrar of companies on or before 30th June every year.

Question 6.
Charge on assets is created when a company issues unsecured deposits.
Answer:
Charge on assets is created when the company issues secured deposits.

Question 7.
The minimum tenure of the deposit is 36 months.
Answer:
The minimum tenure of the deposit is 6 months.

1J. Arrange in proper order.

Question 1.
Appoint Deposit Trustee, Hold General Meeting, Create charge on assets.
Answer:
Hold General Meeting, Appoint Deposit Trustee, Create charge on assets.

Question 2.
File Return of deposit, Issue Deposit Receipt, Issue advertisement.
Answer:
Issue advertisement, Issue Deposit Receipt, File Return of deposit.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 3.
Obtain Credit Rating, Entries in Register of Deposits, Issue Deposit Receipt.
Answer:
Obtain Credit Rating, Issue Deposit Receipt, Entries in Register of Deposits.

2. Explain the following terms/concepts:

Question 1.
Eligible Public Company
Answer:
These companies can accept deposits from their members and also from the public.
Eligible public company means a company having:

  • A net worth, not less than ₹ 100 crores or
  • Turnover not less than ₹ 500 crores and which has obtained prior approval of its shareholders through special resolution for accepting public deposits.

Question 2.
Tenure of Deposit
Answer:

  • Tenure of the deposit is the term or period of deposit.
  • A company can accept deposits for a period of six months or more than thirty-six months.
  • In certain circumstances, a company may accept deposits repayable earlier than six months to meet its short-term needs.
    Premature repayment is made after 3 months.

Question 3.
Secured Deposit
Answer:

  • Secured deposits are those deposits against which a charge is created within 30 days of the issue.
  • A company can accept secured or unsecured deposits which should be clearly mentioned in the circular or advertisement inviting deposits.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 4.
Deposit Trustee
Answer:

  • Deposit Trustee acts as a link between the company and deposit holder.
  • Eligible companies and public companies issuing secured deposits appoint one or more Deposit Trustees.
  • The Trustees protect the interest of the depositor in case a company defaults in repaying the depositors.

Question 5.
Charge on tangible assets
Answer:

  • A Company accepting a secured deposit from the public, within thirty days of acceptance, has to create a charge on its tangible assets for an amount not less than the amount of deposit accepted.
  • It means keeping tangible assets as security for the secured deposit hold.

Question 6.
Deposit Insurance
Answer:

  • Deposit Insurance is a protection cover for deposit holders.
  • It is to be taken at least 30 days before the issue of circular or advertisement.
  • If the amount of deposit plus interest on it is up to ₹ 20,000, insurance is to be taken.

Question 7.
Deposit Repayment Reserve Account
Answer:

  • DRRA is an account opened in a scheduled bank for repaying the deposit amount.
  • Every company has to open DRRA that accepts deposits.
  • Every year, on or before 30 April, the company has to deposit an amount not less than 15% of the number of deposits maturing during the current year and following financial year.

Question 8.
Credit Rating
Answer:

  • Credit rating is an estimate of the ability of the organization to fulfill its financial commitments.
  • Every company has to get a credit rating of its deposits through a Credit Rating Agency.
  • The Credit Rating Agency considers the net worth of the company, liquidity position, ability to repay deposits on time, etc., and accordingly gives a rating.
  • The rating shall be obtained every year during the tenure of the deposits.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 9.
Deposit Receipt
Answer:

  • A deposit Receipt is issued by the company to depositors.
  • Deposit Receipt is issued within twenty-one (21) days from the date of receipt of money or realization of cheque.
  • The receipt has to be signed by the officer duly authorized by the Board of Directors.
  • The Receipt contains the name and address of the depositor, amount of deposit, rate of interest payable, and date on which it is repayable.

Question 10.
Return of Deposit
Answer:

  • A company has to file a Return of Deposit, on or before 30 June every year, with the Registrar of Companies.
  • The Return gives details of deposit with the company as of 31 March of that year.

3. Study the following case/situation and express your opinion.

1. Apple Company Ltd. plans to raise funds through Public Deposits. Its net worth is ₹ 10 Crores.

Question (a).
Can they accept deposits from the public?
Answer:
No, the company cannot accept deposits from the public as its net worth is less than ₹ 100 crores.

Question (b).
Can they accept deposits that mature after 4 years?
Answer:
No, the deposit can be accepted or renewed which mature after four years.

Question (c).
Within what period should the company issue deposit Receipts to its depositors?
Answer:
The company has to issue a Deposit Receipt to the depositors within twenty-one (21) days from the date of receipt of money or realization of the cheque.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

2. ABC Company Ltd. is an Eligible Public Company as per the Companies Act, 2013 with reference to accepting Public Deposits.

Question (a).
Can the company accept deposits in joint names?
Answer:
Yes, the company can accept deposits in joint names of depositors. But there should not be more than 3 names.

Question (b).
Can the company accept deposits from it’s members?
Answer:
Yes, the company can accept fresh deposits only if the amount of such deposits together with the previous deposits does not exceed 10% of the aggregate of paid-up share capital and free reserves.

Question (c).
Can the company issue secure deposits?
Answer:
Yes, the company can issue a secured deposit only if it is clear which should be clearly mentioned in the circular or advertisement inviting deposits.

3. Apple Company Ltd. is an Eligible Public Company. It plans to raise secured deposits from the public. Please advise its Board on the following.

Question (a).
Does the company need to get shareholders’ approval for accepting deposits?
Answer:
Yes, the company has to seek the shareholder’s approval for accepting deposits by passing a special resolution.

Question (b).
Does the company have to appoint a Deposit Trustee?
Answer:
Yes, the company has to appoint a Deposit Trustee as it is issuing secured deposits.

Question (c).
Within what period should the company create a charge on it’s assets?
Answer:
A Company can create a charge on its tangible assets within 30 days of acceptance.

4. SUN Pvt. Ltd. company wants to raise funds through deposits.

Question (a).
Can the company accept deposits from the public?
Answer:
No, it cannot accept deposits from the public because it is a private company.

Question (b).
Which document should the company issue to invite deposits?
Answer:
A Private Ltd. Company can issue circulars to invite deposits.

Question (c).
What is the maximum period for which they can accept deposits?
Answer:
The maximum period for accepting deposits is 36 months.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

4. Answer in brief.

Question 1.
State the number of deposits that different types of companies can collect by way of deposits.
Answer:
Deposits are a source of short-term funds for the company. Deposits can be accepted by the company by the public, directors, or its members. It is a loan taken by the company and there are various terms and conditions that a company needs to follow to accept them.

The amount of deposits that different types of companies can collect by way of deposits is as follows:
Amount of Deposit:
a) Private Company: A Private Company can accept deposits from its members or Directors or Relatives of Directors not more than 100 percent of its aggregate of paid-up share capital and free reserves.

However, a certain class of Private Companies as specified by the Companies Act can accept deposits of more than 100 percent of its aggregate of paid-up share capital and free reserves.

b) Public Company (other than Eligible Company): These Companies cannot accept fresh deposits from members if the amount of such deposits together with the previous deposits exceeds 25% of the aggregate of the paid-up share capital and free reserves of the company.

c) Eligible Public Company:
An ‘Eligible Company’, i.e. company eligible to accept deposits from the public under section 76(1) of Companies Act, 2013, can accept deposits up to 25% of paid-up capital, free reserves, and securities premium account from the ic.

In addition, it can accept deposits up to 10% of the gate of paid-up share capital, free reserves, and securities premium account from members Rule 3(4) of Companies (Acceptance of Deposits) Rules, 2014.

(d) Government Company:
A Government company is eligible to accept deposits under section 76 of the Companies Act, 2013.
It can accept deposits up to 35% of paid-up capital, free reserves, and securities premium account From the ic.

Question 2.
State the contents of Circular or Advertisement for Deposit.
Answer:
Circular or Advertisement:

  • If a company invites deposits from its members, it issues a circular.
  • If a company invites deposits from the public, it issues an advertisement.

Contents of circular or advertisement:

  • Statement about the financial position of the company.
  • The portion of secured and unsecured deposit of fresh issue.
  • Credit rating obtained from a Credit Rating Agency (only for eligible public companies).
  • Details of the scheme.
  • Name of Deposit Trustees.
  • Amount due towards deposits of any previous deposits accepted by the company.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 3.
State the provisions regarding the appointment of Deposit Trustee.
Answer:
Appointment of Deposit Trustee:

  • Eligible companies and public companies appoint one or more Deposit Trustees while issuing secured deposits.
  • They protect the interest of the depositor, in case a company defaults in repaying the deposit amount and interest.
  • Company signs a contract with the Deposit Trustees called as Trust Deed.
  • It contains the terms and conditions of the contract.
  • The deed has to be signed at least 7 days before issuing the circular or advertisement.
  • The Deposit Trustee on his own or on the request of one-tenth of depositors can call a meeting of all depositors when a company defaults in repaying deposits.

Question 4.
State any four terms and conditions regarding the acceptance of the Deposit.
Answer:
(i) Period/Tenure of Deposit:

  • The tenure of deposit should be more than six months but less than thirty-six months.
  • Under certain circumstances only, the company can accept deposits for 3 months.
  • The company can make premature repayment of deposits after a minimum of 3 months.

(ii) No demand deposit:
The company cannot accept or renew deposits repayable on demand.

(iii) Secured or Unsecured Deposit:

  • A company can accept secured or unsecured deposit if it is mentioned in the circular or advertisement.
  • A company offering secured deposits has the right to create a charge on its tangible assets within 30 days of acceptance of deposits.

(iv) Application Form:

  • A prescribed application form is to be filled by the applicant.
  • This application form is given by the company.
  • It includes a declaration made by the applicant that the deposit he is making is not borrowed from any person.

(v) Joint names:
The company can accept deposits in joint names of depositors. But there should not be more than three names.

5. Justify the following statements.

Question 1.
All companies cannot accept deposits from the public.
Answer:

  • Accepting deposits from the public is an important source of raising funds for a company.
  • The company needs to follow certain terms and conditions while collecting deposits from the public.
  • Similarly, on the other side, provisions issued by the Central Government, Companies Rules 2014, and directives issued by the Reserve Bank of India do not allow companies to accept deposits.
  • Banking companies, Non-Banking Finance Companies, Housing Finance companies are not allowed to accept deposits.
    Thus, it is rightly said, that all companies cannot accept deposits from the public.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

Question 2.
There is a limit or restriction on the amount that a company can collect as Deposits.
Answer:

  • There are different types of companies that can accept deposits from the public as well as members.
  • A private company can accept deposits from the public of more than 100% of their aggregate of paid-up share capital and free reserves.
  • Eligible Public Company and Public Company cannot accept deposits from the public exceeding 25% of the aggregate paid-up share capital and free reserves of the company.
  • Government company can accept deposits up to 35% of the paid-up share capital and free reserves. Thus, we can conclude that there is a limit or restriction on the amount that a company can collect as Deposits and the statement stands justified.

Question 3.
The company has to fulfill certain provisions related to the issue of circular or advertisement.
Answer:

  • The company has to file a copy of the circular or advertisement with the Registrar of Companies before inviting the public.
  • Circular or advertisement should be issued to the public after 30 days of filing.
  • It should be signed by all directors of the company.
  • Circular is sent to the members by the speed post, registered post, or email.
  • Thus, it is rightly said that a company has to fulfill certain provisions related to the issue of circular or advertisement.

Question 4.
While issuing secured deposits, the company has to appoint a Deposit Trustee.
Answer:

  • When issuing secured deposits, eligible companies and public companies have to appoint one or more Deposit Trustees.
  • The Trustees protect the interest of the depositor in case a company defaults in repaying the depositors.
  • Company signs a contract with the Deposit Trustees called as Trust Deed.
  • It contains the terms and conditions of the contract.
  • The deed has to be signed at least 7 days before issuing the circular or advertisement.
  • The Deposit Trustee on its own or on the request of one-tenth of depositors can call a meeting of all depositors when a company defaults in repaying deposits.
  • Thus, the statement, while issuing secured deposits, the company has to appoint a Deposit Trustee is fully justified.

Question 5.
Companies have to create a charge on their tangible assets while issuing secured deposits.
Answer:

  • A Company accepting a secured deposit from the public, within thirty days of acceptance, has to create a charge on its tangible assets for an amount not less than the amount of deposit accepted.
  • The chargeable asset amount should not be less than the amount of deposit accepted.
  • The minimum amount of security should be equal to the amount not covered by Deposit Insurance.
  • The Security is created in favour of the Deposit trustees.
  • Creating a charge on the assets ensures safety to the deposits of deposit holders.
  • In case a company fails to repay the number of deposits, the deposit holders can sell the assets and recover the amount invested.
  • Thus, it is rightly justified that the companies have to create a charge on their tangible assets while issuing secured deposits.

Question 6.
The company issuing deposit must open Deposit Repayment Reserve Account.
Answer:

  • Every company accepting deposits has to open a Deposit Repayment Reserve Account in a Scheduled Bank.
  • These banks satisfy certain criteria laid by RBI and enjoy certain facilities of RBI.
  • Every year, on or before 30 April, the company has to deposit an amount not less than 15% of the number of deposits maturing during the current year and following financial year.
  • This account can be used only for repaying deposits.
  • Thus, it is rightly justified that, a company issuing deposit must open Deposit Repayment Reserve Account.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

6. Answer the following questions.

Question 1.
Explain the type of companies that can raise deposits along with the maximum amount they can raise as deposits.
Answer:
The company can accept deposits from both public and private companies. This acceptance of deposits by companies are further classified into:

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits 6 Q1

(i) Private Company:

  • A private company can accept deposits from
    • Member or Directors or Relatives of Directors.
    • The certain class specified by Companies Act.
  • They can accept deposits up to 100% of its aggregate of paid-up Share Capital.

(ii) Public Company (other than an eligible company):

  • Public companies (other than eligible companies) accept deposits from members.
  • They cannot accept fresh deposits if the previous deposits combined exceed 25% of the aggregate of the paid-up Share Capital and Free Reserves of the company.

(iii) Eligible Public Company:

  • Eligible Public Company can accept deposits from Members and Public
  • Eligible Public Company can accept fresh deposits only if the previous deposits combined do not exceed 10% of the aggregate of paid-up share capital and free reserves.
  • Eligible Public Company can accept fresh deposits only if the previous deposits combined do not exceed 25% of the aggregate of paid-up share capital and free reserves.

(iv) Government Company:

  • Government companies can accept deposits from the public.
  • These deposits can be accepted not exceeding 35% of the paid-up share capital and free reserves.

Question 2.
Explain the provisions related to circular or advertisement for inviting deposits.
Answer:
A circular is issued when the company invites deposits from its members. An advertisement is issued when the company invites deposits from the public.
(a) Contents of Circular or Advertisement:

  • Statement showing the financial position of the company
  • The portion of secured and unsecured deposit of fresh issue
  • Credit rating obtained from a Credit Rating Agency (only for eligible public companies)
  • Details of the scheme
  • Name of Deposit Trustees
  • Amount due towards deposits of any previous deposits accepted by the company.

(b) Filing of Circular or Advertisement with Registrar of Companies:
A company has to file a copy of a circular or advertisement signed by all directors with the Registrar of Companies.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 5 Deposits

(c) Issue of Circular or Advertisement:

  • The company must file a copy of the circular or advertisement with the Registrar of the Company.
  • The filing of circular or advertisement must be done within 30 days.
  • Only after filing the circular or advertisement, the company can issue it to the public.
  • The advertisement must be published in an English newspaper and in the regional language newspaper where the company’s registered office is located.
  • The company can send the circular to the members through registered post, speed post, or email.

(d) Validity of Circular or Advertisement:
The validity of circular or advertisement is valid for 6 months from the end of the financial year in which it was issued or the date on which the Annual General Meeting was held, whichever is earlier.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

Balbharti Maharashtra State Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures Important Questions and Answers.

Maharashtra State Board 12th Secretarial Practice Important Questions Chapter 4 Issue of Debentures

1A. Select the correct answer from the options given below and rewrite the statements.

Question 1.
A company raises debt capital through the issue of ___________
(a) equity shares
(b) preference shares
(c) debentures
Answer:
(c) debenture

Question 2.
Debenture holder is ___________ of the company.
(a) Owner
(b) debtor
(c) creditor
Answer:
(c) creditor

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

Question 3.
Debenture holders get income in the form of ___________
(a) Dividend
(b) Interest
(c) Bonus
Answer:
(b) Interest

Question 4.
Power to issue debentures rests with ___________
(a) Chairman
(b) Secretary
(c) Board of Directors
Answer:
(c) Board of Directors

Question 5.
The word ‘Debenture’ is derived from the Latin word ___________
(a) Debere
(b) Debenture
(c) Debire
Answer:
(a) Debere

Question 6.
Debenture cannot be redeemed ___________
(a) at par
(b) at premium
(c) at discount
Answer:
(c) at discount

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

Question 7.
The company has to obtain the consent of ___________ if the issue of debentures exceeds ₹ 1.
(a) SEBI
(b) Registrar
(c) National Stock Exchange
Answer:
(a) SEBI

Question 8.
Debenture certificate must be issued within ___________ months of allotment.
(a) 3
(b) 6
(c) 9
Answer:
(b) 6 months

Question 9.
The ___________ is an advertisement for the issue of debentures.
(a) memorandum of association
(b) articles of association
(c) prospectus
Answer:
(c) prospectus

Question 10.
Debenture holders is entitled to receive ___________ certificate from the company.
(a) Share
(b) Debenture
(c) Dividend
Answer:
(b) Debenture

Question 11.
Fully convertible debentures are converted into ___________ shares on maturity.
(a) equity
(b) deferred
(c) bonus
Answer:
(a) Equity

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

Question 12.
A return of allotment is filed with the Registrar within ___________ days of allotment.
(a) 30
(b) 60
(c) 90
Answer:
(a) 30

Question 13.
The ___________ can direct the company to repay the principal amount of debenture with interest.
(a) Company Law Board
(b) Registrar
(c) Shareholders
Answer:
(a) Company Law Board

Question 14.
In order to redeem old debentures the company issues ___________
(a) assets
(b) public deposits
(c) fresh debenture
Answer:
(c) fresh debenture

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

1B. Match the pairs.

Question 1.

Group ‘A’Group ‘B’
(1) Debenture Trustees(a) No voting rights
(2) Debenture(b) ICRA
(3) Convertible debenture(c) Security about Repayment
(4) Secured debenture(d) CARE
(5) Debenture holder(e) Equity Shares
(f) Borrowed capital
(g) Protect Debenture holders

Answer:

Group ‘A’Group ‘B’
(1) Debenture Trustees(g) Protect Debenture holders
(2) Debenture(f) Borrowed capital
(3) Convertible debenture(e) Equity Shares
(4) Secured debenture(c) Security about Repayment
(5) Debenture holder(a) No voting rights

Question 2.

Group ‘A’Group ‘B’
(1) Charge on Asset(a) Credit Rating
(2) Redeemable debenture(b) Secured debenture
(3) Board of Directors(c) 90 days
(4) CRISIL(d) Power to issue debenture
(5) Debenture Certificate(e) Unsecured Debenture
(f) Repaid on maturity
(g) 6 months

Answer:

Group ‘A’Group ‘B’
(1) Charge on Asset(b) Secured debenture
(2) Redeemable debenture(f) Repaid on maturity
(3) Board of Directors(d) Power to issue debenture
(4) CRISIL(a) Credit Rating
(5) Debenture Certificate(g) 6 months

Question 3.

Group ‘A’Group ‘B’
(1) Board of Directors(a) Within 6 months after allotment
(2) Debentures(b) No voting right
(3) Debenture holder(c) Application of debentures
(4) CARE(d) Interest
(5) Debenture Certificate(e) Voting right
(f) Within 120 days after allotment
(g) Credit rating agency
(h) Dividend
(i) SEBI
(j) Creditors

Answer:

Group ‘A’Group ‘B’
(1) Board of Directors(c) Application of debentures
(2) Debentures(d) Interest
(3) Debenture holder(b) No voting right
(4) CARE(g) Credit rating agency
(5) Debenture Certificate(a) Within 6 months after allotment

Question 4.

Group ‘A’Group ‘B’
(1) Trust Deed(a) Owner
(2) Debenture Certificate(b) Deed for debenture holders
(3) Secured Debenture(c) Charge on company’s assets
(4) Redemption by annual installment(d) Creditors of the company
(5) Debenture holders(e) Signature of two directors
(f) Two coupons
(g) Deed for depositors
(h) No charge on the company’s assets
(i) CARE
(j) Credit rating

Answer:

Group ‘A’Group ‘B’
(1) Trust Deed(b) Deed for debenture holders
(2) Debenture Certificate(e) Signature of two directors
(3) Secured Debenture(c) Charge on company’s assets
(4) Redemption by annual installment(f) Two coupons
(5) Debenture holders(d) Creditors of the company

1C. Write a word or a term or a phrase that can substitute each of the following statements.

Question 1.
The provision dealing with the issue of debenture.
Answer:
Section 71 of the companies Act 2013

Question 2.
Name of the capital controller in India.
Answer:
SEBI

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

Question 3.
Debenture converted in equity shares.
Answer:
Convertible Debenture

Question 4.
Redemption time of secured debenture.
Answer:
10 years

Question 5.
The authority which listing the debentures.
Answer:
Stock Exchange

Question 6.
Application received more than the issue.
Answer:
Over Subscription

Question 7.
Authority consulted by Debenture Trustee.
Answer:
NCLT

Question 8.
The agency provides a credit rating of the security.
Answer:
Credit Rating Agency

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

Question 9.
Register of Entries of the debenture.
Answer:
Register of debenture

Question 10.
Meeting conducted in an emergency.
Answer:
Extraordinary General Meeting.

1D. State whether the following statements are true or false.

Question 1.
Debenture holders are the creditors of the company.
Answer:
True

Question 2.
Board has no power to issue debenture.
Answer:
False

Question 3.
Debenture helps to raise borrowed capital.
Answer:
True

Question 4.
Debenture holders enjoy normal voting rights.
Answer:
False

Question 5.
The debenture is permanent capital.
Answer:
False

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

Question 6.
A debenture trustee is a link between the company and Debenture holders.
Answer:
True

Question 7.
Appointment of the underwriter is compulsory.
Answer:
False

Question 8.
Listing of debenture is compulsory.
Answer:
True

Question 9.
SEBI has contracted over the security market.
Answer:
True

Question 10.
The allotment procedure should be completed within 60 days.
Answer:
True

Question 11.
A debenture Trust deed is a legal Agreement.
Answer:
True

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

1E. Find the odd one.

Question 1.
SEBI, NCLT, SBI
Answer:
SBI

Question 2.
25%, 15%, 10%
Answer:
10%

Question 3.
CARE, CRISIL, SEBI
Answer:
SEBI

Question 4.
Credit Rating Agency Stock Exchange, SBI
Answer:
SBI

Question 5.
SEBI, NCLT, CRISIL
Answer:
CRISIL

Question 6.
Debenture Certificate Trust Deed, share certificate
Answer:
Share Certificate

1F. Complete the sentences.

Question 1.
Debenture holder has no ___________ rights.
Answer:
Voting

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

Question 2.
CRISIL is responsible to ___________ of securities.
Answer:
Credit Rating

Question 3.
Company enters into ___________ with underwriter.
Answer:
Underwriting Agreement

Question 4.
___________ is needed to increase borrowing power.
Answer:
Special Resolution

Question 5.
If borrowing power of board is to be increased ___________ must be held.
Answer:
Extra Ordinary General Meeting

1G. Select the correct option from the bracket.

Question 1.

Group ’A’Group ’B’
(1) Board of Directors(a) …………………….
(2) …………………….(b) Interest
(3) Debenture holders(c) ……………………..
(4) ……………………..(d) Credit Rating Agency
(5) Debenture certificate(e) ………………………..

(Debenture, Application of debenture, No Voting Rights, 6 months, CARE)
Answer:

Group ’A’Group ’B’
(1) Board of Directors(a) Application of debenture
(2) Debenture(b) Interest
(3) Debenture holders(c) No Voting Rights
(4) CARE(d) Credit Rating Agency
(5) Debenture certificate(e) 6 months

1H. Answer in one sentence.

Question 1.
Who creates a charge over assets?
Answer:
Debenture Trustee can create a charge over asset.

Question 2.
When is the permission of SEBI required?
Answer:
When borrowing capital exceeds 1 crore, consent of SEBI is required.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

1I. Correct the underlined word and rewrite the following sentences.

Question 1.
Debenture holders get fluctuating interest.
Answer:
Debenture holders get Fixed interest.

Question 2.
Convertible debenture holders can be converted into preference shares.
Answer:
Convertible debenture holders can be converted into Equity Shares.

Question 3.
Shareholders have the power to issue debenture.
Answer:
The Board of directors has the power to issue debenture.

Question 4.
A debenture Trust deed is an illegal document.
Answer:
A debenture Trust deed is a legal document.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

Question 5.
Debenture certificate issued by the company within 3 months.
Answer:
Debenture certificate issued by the company within 6 months.

Question 6.
Debenture holders are the owners of the company.
Answer:
Debenture holders are the creditor of the company.

Question 7.
Debentures generate owned capital for the company.
Answer:
Debentures generate borrowed capital for the company.

1J. Arrange in proper order.

Question 1.
(a) Offer letter
(b) Debenture Trust Deed
(c) Written Consent
Answer:
(a) Offer letter
(b) Written Consent
(c) Debenture Trust Deed

Question 2.
(a) Allotments of debenture
(b) Return with ROC
(c) Debenture Certificate
Answer:
(a) Allotments of debenture
(b) Debenture Certificate
(c) Return with ROC

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

Question 3.
(a) Issue of prospectus
(b) Return with ROC
(c) Underwriting Agreement
Answer:
(a) Issue of prospectus
(b) Underwriting Agreement
(c) Return with ROC

Question 4.
(a) Board meeting
(b) Open Separate Bank Account
(c) Extra-Ordinary General Meeting
Answer:
(a) Board meeting
(b) Extra-Ordinary General Meeting
(c) Open Separate Bank Account

Question 5.
(a) Receiving Application Money
(b) Allotment of debenture
(c) Open Bank Account
Answer:
(a) Receiving Application Money
(b) Open Bank Account
(c) Allotment of debenture

Question 6.
(a) Preparation and consent to the prospectus
(b) Filing with ROC
(c) Special Resolution Passed
Answer:
(a) Special Resolution Passed
(b) Preparation and consent to the prospectus
(c) Filing with ROC

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

Question 7.
(a) Debenture Certificate
(b) Entries in Register
(c) Underwriting contract
Answer:
(a) Underwriting contract
(b) Debenture Certificate
(c) Entries in Register

2. Explain the following terms/concepts.

Question 1.
Debenture
Answer:
The company raises capital by borrowing money from the public or its members. It is a proof of loan taken by the company. A person who purchases debenture is called a debenture holder. Interest is paid to the debenture holders.

Question 2.
Debenture Redemption Reserve
Answer:
Debenture Redemption Reserve is useful for the redemption of the debenture. It is created out of the profit of the company which has maintained a 25% minimum of the value of outstanding debenture in DRR.

Question 3.
Minimum Subscription
Answer:
Minimum subscription is a term that is used to represent the amount of the issue which has to be subscribed or else the shares can’t be issued if it is not being subscribed.

Question 4.
Underwriting
Answer:
An underwriting contract is a contract between an underwriter and the issuer of securities. It is helpful to issuer companies when securities are not being subscribed by the public. Here, underwriters guarantee the sale of issued stock at the agreed price.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

Question 5.
Credit Rating
Answer:
It is an estimation of the ability of a person or organization to fulfill their financial requirement, commitments, based on previous dealings. Credit Rating Agencies are responsible for credit rating.

Question 6.
Secured debenture
Answer:
Secured debentures are bonds that are issued with collateral. Here, a charge is created against the assets of the company. If a company is in default, assets can be realized to recover the dues.

3. Study the following case/situation and express your opinion.

1. ABC Limited is going to redeem its 1000 debentures of ₹ 100 each. Please advise them on the following:

Question (a).
Which fund should be created by the company to redeem debentures?
Answer:
The company should create a Debenture Redemption Reserve to redeem debentures.

Question (b).
Can debenture trustees consult NCLT if the company is at default?
Answer:
If the company is at default regarding repayment of debentures, then Debenture trustees can consult the NCLT.

Question (c).
What will be the change in the register of debenture holders?
Answer:
If debentures are redeemed, their entries will be cancelled from requisite.

2. Zeal Co. Ltd. is going to issue 2000 debentures. Please advise them on the following:

Question (a).
Does the company have to list the debentures on the stock exchange?
Answer:
Yes, the company has to list the debentures on the stock exchange.

Question (b).
Should the company get a credit rating for issuing debentures?
Answer:
Yes, the company should get a credit rating for issuing debenture and from SEBI.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

Question (c).
Can the company show a credit rating in the prospectus?
Answer:
Yes, the credit rating should be mentioned in the prospectus/offer letter/letter of offer.

4. Answer in brief.

Question 1.
Define Debenture and State its meaning.
Answer:
Definitions of Debenture:

  • According to Section 82 of Companies Act, “Debenture to any member of the company is a movable property, transferable in the manner provided by the Articles of Association:
  • According to the Oxford dictionary “Debenture is a certificate issued by a company act now leading that it has borrowed money on which interest is being paid”.

Meaning:

  • The word ‘Debenture’ is derived from the Latin word ‘Debere’- which means to owe something to someone.
  • It is a proof of loan taken by the company on certain terms and conditions.
  • It can be issued by public or private companies to raise borrowed capital.
  • A person who purchases it is called a debenture holder and he is a creditor of a company.
  • It can be issued at par, premium, and discount.
  • The Board of Directors has the power to issue debentures.
  • Debenture holders get a fixed rate of interest on their investments.

Question 2.
State the provisions as per Companies (Share Capital and Debenture) Rules, 2014 (i.e. Rule 18).
Answer:
If a company issued secured debenture, then it has to follow Rule 18 of Companies Rules, 2014. The provisions are as follows:
(i) Tenure of secured debenture:
All secured debentures should be redeemed within 10 years from the date of its issue. Infrastructure companies, Companies permitted by the Ministry of Corporate Affairs, Central Government, or RBI can issue debentures beyond the period of 10 years but not exceeding 30 years.

(ii) Create charge on assets:
Secured debentures create charges on assets. The value of the charge should be adequate to cover the entire value of debentures issued and the interest to be paid on it.

(iii) Debenture Trustee:
Before issuing a prospectus, the company has to appoint a Debenture Trustee. The company should execute the trust deed within 60 days from allotment of a debenture or before issuing the prospectus/offer letter. The Rules and Regulations of Trust Deed decide the role of debenture trustees.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

(iv) Debenture Redemption Reserve:
The company has to create a Debenture Redemption Reserve to redeem debentures. The company should maintain at least 25% of the value of outstanding debentures in the DRR account. Money from this account is used for the redemption of the debenture. Every year on or before 31st March, the company has to invest or deposit a sum of not less than 15% in the DRR account for the maturing debentures in the next year.

Question 3.
What are/Explain the requirement of SEBI for the issue of debentures?
Answer:
Following are the requirements as per SEBI for the issue of debentures in the market:
(i) Condition of minimum subscription: Regulation 12 of SEBI Regulation Act 2008 is responsible to regulate the minimum subscription collected by the company. As per SEBI, the minimum subscription for public issues is 75% of the issue price. If the minimum subscription is not received, then it should be refunded within 12 days from the date of closure of the issue.

(ii) Over Subscription:
Oversubscription means a situation where a company has more buyers than the shares to fulfill the client’s order. The company can retain oversubscription on up to a maximum of 100% of the issue price or any lower unit as specified by the prospectus.

(iii) Underwriting:
A company may enter into an underwriting agreement with underwriters for its public issue of debentures. The appointment of underwriters must be mentioned in the prospectus/offer letter/letter of offer.

(iv) Credit Rating:
As per SEBI, the company making public issue, or right issue of convertible debenture must obtain a credit rating from one or more credit rating agencies. The rating must be mentioned in the offer letter/prospectus. In India, ICRA, CRISIS, CARE are famous or recognized credit rating agencies for the corporate sector.

Question 4.
Who are Debenture Trustees?
OR
Explain the role of Debenture Trustees.
OR
Write a note on Debenture Trustees.
Answer:

  • Debenture holders are the creditors of the company and they cannot participate in the routine affairs of the management of the company. So, in order to protect the interest of debentures, the company appointed debenture trustees.
  • Debenture trustees are the institutions that protect the interest of debenture holders.
  • Debenture Trustees create a charge on assets of the company on behalf of debenture holders. They are the custodian of assets on which charge has been created.
  • In order to appoint debenture trustees, the company has to execute the debenture trust deed within 3 months, and the offer letter should be issued within 60 days after the allotment.
  • The prospectus or offer letter must mention the names of debenture trustees.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

5. Justify the following statements.

Question 1.
The company can list its debentures on Stock Exchange.
Answer:

  • A company can issue secured as well as unsecured debentures.
  • Debentures are issued to the general public.
  • The company can issue debentures to its members through public offers or offer through private placement.
  • The company gets its debentures rate from one or more credit rating agencies which attract the general public or members of the company.
  • Thus, it is rightly said that a company can list its debentures on Stock Exchange.

Question 2.
Debenture holders do not enjoy any voting rights.
Answer:

  • The company borrows a large amount of money by issuing debentures.
  • Debentures are considered to be the long-term loan that is repaid after a long period.
  • Debenture holders are the creditors of the company.
  • The company has to pay interest to the debenture holders even if the company makes a loss in the current year.
  • Thus, it is rightly said that debenture holders do not enjoy any voting rights.

Question 3.
Debenture Redemption Reserve Account is used for the redemption of debentures.
Answer:

  • Debenture Redemption Reserve is created from the profits earned by the company.
  • The company has to maintain at least 25% of the value for the outstanding debentures in the DRR account.
  • Similarly, every year on or before 31st March, the company has to invest or deposit a sum of not less than 15% in the DRR account for the maturing debentures in the next year.
  • Thus, it is rightly said that Debenture Redemption Reserve Account is used for the redemption of debentures.

Question 4.
Members, as well as debenture holders, can inspect the debenture trust deed.
Answer:

  • The company enters into the contract with the debenture trustees which is called as ‘Debenture Trust Deed”.
  • It is a legal instrument conveying the assets of a company of the trustees.
  • The deed includes the rights of debenture holders and the duties and powers of debenture trustees.
  • It contains terms and conditions agreed between the company and debenture trustee.
  • Thus, it is rightly said that members, as well as debenture holders, can inspect the debenture trust deed.

6. Attempt the following.

Question 1.
Explain the regulations governing the issue of different types of debentures.
Answer:
A company has to comply with the provisions while issuing different types of debentures. Depending upon the type of debenture, the company has to fulfill the following provisions/regulations:
(i) Companies Act, 2013: Sec. 71 of Companies Act, 2013 contains provisions for the issue of debentures.

(ii) Company Rules 2014 (Share Capital and Debentures), Rule 18: Rule 18 of Companies (Share Capital and Debentures) Rules, 2014 contains provisions for the issue of the secured debenture.

(iii) SEBI Regulations, 2008: SEBI Regulations, 2008 covers the provisions related to the issue and listing of debentures that are not convertible, either wholly or partly into equity shares. It is applicable to only those debentures which are issued through public offer, private placement. Disclosure requirements are to be followed the same as the public issue of equity shares.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 4 Issue of Debentures

(iv) SEBI Regulations, 2009: SEBI Regulations, 2009 (Issue of Capital and Disclosure Requirement) covers provisions for issue of debentures and listing of debentures that are convertible, rather partially, fully, or optionally into listed or unlisted equity shares. It also has to follow the same disclosure norms as applicable to equity shares.

(v) SEBI Regulations, 2015: SEBI Regulations, 2015 (Listing Obligations and Disclosure Requirements) covers provisions for the listed company issuing non-convertible debentures, perpetual debt instruments, etc. It includes various listing conditions which a company has to comply with.

(vi) RBI Guidelines: RBI Guidelines are formed for the banks which raise capital by issuing non-equity instruments.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Balbharti Yuvakbharati English 11th Digest Chapter 1.4 Pillars of Democracy Notes, Textbook Exercise Important Questions and Answers.

Maharashtra State Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

11th English Digest Chapter 1.4 Pillars of Democracy Textbook Questions and Answers

1. Discuss with your partner and choose the correct alternative.

Question (i)
‘Government of the people, by the people and for the people, shall not perish from the earth’. This famous statement is made by –
(a) Mahatma Gandhi
(b) Nelson Mandela
(c) Abraham Lincoln
(d) Dalai Lama
Answer:
Abraham Lincoln

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Question (ii)
A system where the government is elected and ruled by people is called —
(a) Bureaucracy
(b) Aristocracy
(c) Democracy
(d) Autocracy
Answer:
Democracy

Question (iii)
A democratic country is governed by, its –
(a) Military
(b) Police
(c) Politicians
(d) Constitution
Answer:
Constitution

2.

Question (i)
The trinity of democracy comprises of three principles. Complete the web to show the trinity of democracy.
Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy 1
Answer:
Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy 2

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Question (ii)
Match the following.

 

AB
1. Constitution(a) It is the freedom to go where you want, do what you want etc.
2. Liberty(b) It is the state of being equal, especially in status, rights or opportunities.
3. Equality(c) It is the sense of common brotherhood.
4. Fraternity(d) It is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity and commonly determine how that entity is to be governed.

Answer:

AB
1. Constitution(d) It is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity and commonly determine how that entity is to be governed.
2. Liberty(a) It is the freedom to go where you want, do what you want etc.
3. Equality(b) It is the state of being equal, especially in status, rights or opportunities.
4. Fraternity(c) It is the sense of common brotherhood.

Question (iii)
Explain the pillars of a democratic nation. Make list of obstacles that are a threat to the progress of a nation.
Answer:
The pillars of a democratic nation are:
1. Legislative: In a democratic nation, the people of the country elect their representatives that govern a state or a country.
2. Executives: Executives, as the name suggests, are in-charge of putting the laws made by the legislatives in effect.
3. Judiciary: The job of the judiciary is to keep a check on the laws made by the legislative and their execution or fulfillment by the executives without disturbing the fundamental rights of the citizens of the country.
4. Press: All types of media have a responsibility of reaching to the people all over the country, the works of the legislatives and the executive and their basic duty is to be unbiased.

Major obstacles that are threats to the progress of a nation are:

  1. Caste and religion-based politics.
  2. Disrespect for the constitution values.
  3. Absence of universal education which makes people unaware of their basic rights and duties.
  4. Huge gap between haves and have-nots- lack of qualitative resources to the poor.
  5. Constant threat of the attack of enemy countries.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

(A1)

Question (i)
State weather the following statements are true or false. Correct the false statement.

  1. There is nothing wrong in being grateful to great men.
  2. Hero-worship leads to dictatorship.
  3. Liberty cannot be divorced from equality.
  4. One man one vote and one vote one value.
  5. Fraternity means common sense.

Answer:

  1. True
  2. True
  3. True
  4. True
  5. False.

Fraternity means a sense of common brotherhood The correct statement is – Fraternity means a sense of common brotherhood.

Question (ii)
Complete the web with information from the speech of Dr. B.R. Ambedkar.
Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy 3
Answer:
Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy 4

(A2)

Question (i)
Dr. Babasaheb Ambedkar has cited the quotes by John Stuart Mill and Daniel O’Connell. Write down 4 to 5 lines for each of them.
Answer:
(i) John Stuart Mill was an English philosopher and economist who was considered to be the most powerful British thinker of the 19th Century. Mill’s philosophy concentrates on establishing standards for the relationship between authority and liberty. It also advocates freedom of speech, freedom to pursue taste as long as they do not harm others and the freedom to unite without being forced and harming anybody. Dr. Babasaheb Ambedkar agreed with Stuart Mill’s views on social liberty where people should have the right to have a say in the governments decision.

(ii) Daniel O’Connell who was often referred to as ‘The Liberator’ was an Irish political leader in the first half of the 19th Century. His philosophy has inspired leaders all over the world including Mahatma Gandhi and Martin Luther King. He advocated mass political participation and was very much against idealizing somebody at the cost of ones own honour, chastity or liberty. Dr. Babasaheb Ambedkar felt that this Principle of Refraining from hero-worship propagated by Daniel O’Connell is badly needed in India and he agreed with Daniel who felt such kind of loyalty was actually slavery.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Question (ii)
Make a list of steps that you feel are essential to unite the people of different caste, religions and languages in India.
Answer:
India is a progressive nation but the directions of dividing India according to caste, religions and languages have still kept her handicapped. The possible remedies, I feel, to cure India from these diseases to make her stable and secure may be:
(i) Education for all irrespective of not only caste, creed, religion but also of gender.
(ii) Creation of job opportunities according to one’s abilities.
(iii) Provision for reservation to depend on the financial condition rather than caste or religion.
(iv) Creation of public welfare policies according to the need of the people of all communities and thus maintaining uniformity as well as equality in all matters.

(iii) Write your views/opinion in brief on the following topics.

Question (a)
We must always cast our vote.
Answer:
Voting is one of the fundamental duties of the citizen of a country. We have no right to criticize the works of the government if we abstain from voting which gives us a chance to choose suitable representative to govern the country. Our constitution has given the common man an important power and responsibility to select the right persons to take the country forward on the right path. We are supposed to discharge this duty judiciously.

Question (b)
Liberty, equality and fraternity lead to an ideal nation.
Answer:
The terms ‘Liberty, Equality, Fraternity’ were the mottos of French revolution. Liberty represents freedom and Indian constitution has specified various kinds of freedom for Indian citizens. Euqality stands for having equal law for all irrespective of caste, creed, gender or religion. Fraternity is associated with brotherhood among all communities of people sharing common interest and purpose. An ideal nation is recognized by the maintenance of an atmosphere of peace in all spheres of life. If the principles of liberty, equality and fraternity are followed responsibly by the people of the country as well as the leaders governing them, the prosperity of the nation is assured.

Question (c)
Steps to be taken to eradicate inequality.
Answer:
Inequality is a curse that can lead any nation to its doom. Inequality creates dissatisfaction and unrest among people who feel deprived. Some possible steps to eradicate inequality can be:
(a) Remove poverty by reducing unequal distribution of resources and equal access to the opportunities as far as possible.

(b) Advocate gender equality by preventing female foeticide and making provision for girls’ education and preventing early marriage.

(c) Investing in employment-oriented education for all, creating employment readiness among youth and institutions for skill development need to be encouraged.

(d) Ensuring that all groups and communities can express their voice without fear. But the groups and communities also need to be responsible to avoid loss of lives, damage of public properties while expressing their grievances.

(e) Strictly eliminate caste discrimination which is still pervasive and is causing a serious threat to the progress of the country. To make the above steps successful is the joint responsibility of the government and the people of the country.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Question (d)
Role of youth in creating awareness.
Answer:
Youths are the backbones of the society and that gives them the responsibility to act as catalysts for creating social awareness. Empowerment of the youth is one of the ways to fulfill the policies of good governance.

The social welfare units in the schools and colleges, NCC, NSS, etc., should be made more active and need to be made a part and parcel of the curriculum so that a large number of young minds are materialized to eradicate social evils like illiteracy, insanitation, superstitions, corruption. They can organize various cultural programmes like street plays, musical programmes with social messages, posters as well as powerpoint presentations.

They can set examples by fighting against various kinds of pollution with steps like quitting smoking, propagating against loud music, cleanliness, saving water. “Charity begins at home” thus, they need to bring about the change in their own habits and behaviour to create social awareness.

(A3)

Question (i)
Complete the following table.
Answer:

WordTypeSynonymAntonym
observeVerbnotice, discern, detect, markignore, overlook
abandonedAdjectivedeserted, dumped, forsaken, droppedadopted, defended, supported
gratefulAdjectiveappreciative, thankfulungrateful, thankless, inappreciative
initiativeNounaction, drive, enterpriseapathy, idleness, laziness, in difference
perilNoun Verbdanger, risk, hazard, threat endanger, riskprotection, certainty, safety protect, save
separationNoundivision, break-up, split, partingConnection, association, union

2. Homograph: Homograph is a word spelt and pronounced like another word but with a different meaning.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

(A4)

(i) Frame Wh-question to get the underlined parts of the following sentences as answers.

Question (a)
In politics we will be recognizing the principle of ‘one man one vote’ and ‘one vote one value’.
Answer:
Which principles will we be recognizing in politics?

Question (b)
The politically minded Indians preferred the expression ‘the Indian Nation’.
Answer:
Which expression did the politically-minded Indians prefer?

Question (c)
Fraternity means a sense of common brotherhood of all Indians.
Answer:
What does fraternity mean?

(A5)

Write speeches on the following topics.

Question 1.
Duties of an Ideal Citizen.
Answer:
Respected chief guest Dr. Ashok Pillai, our Principal Dr. Pradeep Sanghvi, teachers and my dear friends,

Good Evening ! I am Mayank Gala, a member of the NSS unit of our college. It is indeed a matter of pride for me to share my views on the topic ‘Duties of an Ideal Citizen.’ in front of an august gathering. ‘Duties of an ideal citizen’ according to me, has become a necessity for everyone to be aware of in the present situation of our country.

The first question that comes to my mind at this moment is “Who is an ideal citizen?” Is it a person who is honest, knows his responsibilities and values, respects others needs, is conscious of taking care of the environment and thus contributing to the society in general making it a better place to stay? , Yes, an ideal citizen ideally should have all these qualities.

I personally feel that an ideal citizen should not consider his duties as obligations and fulfill them on his own urge. If all of us make a sincere effort to carry on with our jobs, the society is bound to prosper. Since we all are members of the society, to make it exemplary is our duty. We need to remember this at every step we take in our lives and things will fall into their own places.

Here, I can give some examples which all of us can do easily. I know that there are big words like trustworthiness, honesty, courtesy, respecting the rights of others as well as laws, and these are the personal traits of an ideal citizen. But I want to give you a simple list of things which all of us can follow easily.

My list begins with a simple task of not littering the environment, followed by, conserving water, encouraging greenery in our housing societies, wearing helmets and also encouraging our pillons to wear one, maintaining dignity of all the communities and last but not the least, paying taxes on time.

Of course, the list will be longer than this. But “well begun is half done”. And the most important things, I remind all of us again that the “charity begins at home” So, let’s start!

I thank the organizers to give me an opportunity to talk to all of you. I am also grateful to each and every person in the audience for their patient hearing. I am convinced that we can fullfill our dreams of having an ideal society.

Thank you !

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Question 2.
Merits of Democracy
Answer:
Respected judges and my dear friends,
I am Sandeep Agarwal wishing all of you a very good afternoon.

Today, I am going to talk on ‘Merits of Democracy’ I am sure, we all remember the definition Abraham Lincoln gave of democracy that it is “Government of the people, for the people and by the people”. In short, I can say that democracy is rule of the people.

So, what can be the merits of the rule of the people? The first merit that immediately comes to my mind is that recognizes the strength of people’s will which is expressed through their elected representatives sitting in the Parliament.

A true democracy limits the power of these representatives and they have to strictly follow the constitution which again cannot be altered or amended except through right procedural process. This is, I feel, the merit of democracy, where every effort is made to prevent the accumulation of power in the hands of any particular individual.

This leads us to the fact that the foremost demand of democracy is free and fair election. Every voter not only has access to the voting machine but secrecy of his vote has to be strictly maintained. Liberty, equality, fraternity are the three pillars of a good democracy and in a proper democratic situation it must be followed religiously.

Unless these principles are sincerely maintained, how will people who are an integral part of democracy, get assurance of safety, security as well as courage to express their views/ problems freely? Here comes the win of democracy over dictatorship where people do not have freedom of speech.

The role of unbiased press and then freedom of expression are urgent necessities so that they can reach a large number of people’s opinion to the government to judge the pros and cons of their decisions. The Parliament proceedings should be open to the public so that they can see how their elected representatives are behaving. In a true democracy, the people have the power of rejecting their representatives and that is their best safeguard.

But, I am sure you will all agree with me that no electoral system can be fool-proof and perfect democracy can be found in the utopia of poets and dreamers. We have to be satisfied with the nearest maintenance of the sanctity of democracy. Democracy is an evolutionary process. So, it is not wrong on our part to expect the scope for modification and change in the light of experience.

In conclusion, I request all of you to keep your hopes and expectations alive not only to have a true democracy in our country but to maintain its merits also. I thank our Cultural Forum team for giving me the opportunity to speak in front of an august audience. Thank you for your patient hearing !

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Question 3.
Advantages of Education
Answer:
Respected judges and my dear friends,

Good afternoon! I am Deepak Shah and my topic for today’s elocution competition is ‘Advantages of Education’.

As I was thinking about the topic, two immediate questions that came to mind are, “How and when does education begin? Does it start when a child goes to school or learn alphabet? Looking around, I get a strong ’NO’ as answer. I believe, education begins with the Mother’s encouraging work, father’s words of praise and approval, sibling’s sympathy, help and sometimes fights even, with the gathering of flowers from the garden, with the chirping of the birds and last but not the least in the company of friends. Thus, the child learns to feel, observe, receive and remember as his mind opens out.

The ultimate aim of education, I know, everyone will agree, is to develop all the faculties of a person- physical, mental or moral. Education needs to help a person to be true to his own self as Shakespeare said, “To thy own self, be true.” Book-bound education limits a person. Rabindranath Tagore showed us the way at Shantiniketan how education would make a complete personality.

The true objective of education is to train the mind , to build confidence, to judge the good and bad of the things. I feel, the least advantage of education is to create the right temperament needed at the right time. I must include here the need for physical education since “A sound mind can only exist in a sound body” The harmony among mental, physical and moral learning can only supply the proper benefits of education.

To talk about the advantages of education, standing in front of so many educators, is not a small task. This has been possible because of my teachers who have been facilitators of giving me confidence to go ahead with my aspirations. This has been the advantage of my education, I believe and I salute my teachers for that.

I thank the judges, the Cultural forum team once again and all my dear friends and teachers sitting in the audience for their patient hearing which gave me the courage to present my views.

Question 4.
Equality : A Blessing
Answer:
Respected dignitaries on the dais, our honourable guests, my teachers and my dear friends,

Good afternoon to you all ! I am Deepali Doshi who is fortunate to be selected as one of the speakers to represent our college for the seminar organized by our college on the topic ‘Equality : A Blessing’.

‘Equality : A Blessing’ – one of the topics which is very close to my heart. From my childhood, I have enjoyed the situation of ‘no discrimination’ at home by my parents. I always thought of this as a natural things to happen.

I grew up and faced the big world. I started understanding the value and necessity of equal opportunity in the society. How a person uses that opportunity depends on his/her capabilities and the situations he/she faces in life. Ideally, equality means that all citizens are equal before the law, allowed to exercise the franchise, are entitled to fulfill equal rights and duties prescribed in the constitution. That leads to a levelling process which is definitely a blessing.

I must admit here, equality needs to be maintained at various levels like having social equality, political equality, economic equality and of course equality of opportunity and education. Social equality is an urgency for peaceful co-existence as it refers to the absence of discrimination of caste, creed, colour, clans, groups and classes.

Who can deny the benefits of this? Political equality gives access to all citizens similar political rights. We the people of India have the benefits of Universal Adult Franchise which gives us the right to elect our representatives to run the government the way we deserve it.

Economic equality is a dream-like situation where each citizen is provided equal opportunity to make economic progress. Practically, that seems difficult but a responsible government definitely makes an attempt to fulfill it to a large extent. Equal right to education is the birthright of every citizen. I know, everybody in this hall will say in unison with me, ‘Education is the great equalizer… opening doors of opportunity for all.’

I have tried to talk about various equalities and the ideal situations to provide them. But the toughest job is to make equality, a blessing in real life, though each one of us wishes for it. To make it a reality is the joint responsibility of the government and we, the people.

I enjoyed talking to such an alert and responsible audience. Thank you for all your patient hearing.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Question 5.
Freedom of Speech
Answer:
Respected judges, my teachers and my dear friends,

Good Evening ! I am Pooja Banerji. I am going to talk on ‘Freedom of Speech’.
‘Freedom of speech’ is an oft-quoted expression these days. Everyday wants to enjoy this freedom but in the process, knowingly or may be unknowingly, disturbs the peace in the society.

If freedom of speech is so powerful that it is capable of disturbing the peace in an otherwise stable society, then let me find out the answers to the questions like, “What is freedom of speech and what is the ideal situation to use this freedom?” I am sure, we all are bothered by these questions often because many times, some utterances in the name of freedom of speech, spread like wild fire, making the situations go out of hand.

We know that the constitution of India provides this fundamental right to the general public as well as the media to express their ideas and opinions freely. Like India, this right is provided by some other countries also but with some limitations.

But can’t freedom of speech be used positively? Constructive criticism is always welcome and is also needed to keep a person or the government under check since all activities are closely monitored.

With freedom comes responsibility. This license should not be misused to excite others and invite unwanted problems. When we get to enjoy the rights we need to respect it so that it does not spoil the peace and harmony of the society. These days, a common practice of spreading half-truths has become rampant just to create sensation. This, in the name of freedom of speech, causes serious harm and self-discipline, according to me, is the only remedy.

All good things have their positives and negatives and one should know how the use of them should not become liabilities. I want to conclude with a request to everyone that basic humanity should not be forgotten in the pretext of using the fundamental rights of freedom of speech. I join Tracy Morgan to tell all of you, “We have freedom of speech but you got to watch what you say”.

Thank you all for allowing my freedom of speech and giving it a patient hearing.

Question 6.
Unity in Diversity
Answer:
Respected judges, my teachers and my dear friends,

Good Morning ! I am Gauri Arora and I am fortunate that I have been assigned the job of talking on a topic, ‘Unity in Diversity’.

For the inter-collegiate elocution competition organized by our college. Here I am standing on the podium of a hall which is self-explanatory of ‘Unity in Diversity’. We can see very clearly that people of different religious beliefs, may be caste and creeds, languages, cultures , dresses, and diverse lifestyles as well as eating habits are harmoniously sitting under one roof.

‘Unity in Diversity’ is an expression which is frequently referred to when one talks of India. We, the Indians, are children of one mother, Mother India and that unites us on the principle of brotherhood. I am sure, my friends sitting over there, have ever bothered about caste, religion, social status of the person sitting next to them. That is, in other words, we can call national integration, in the true sense of the term.

India has won its freedom from the British rule of 200 years and the freedom fighters never bothered about their diversities. They all had one mantra in life and that was to free Mother India from the shackles of British rule.

We carry on that tradition after so many years of our independence. India is the land of festivals irrespective of culture, language, rituals, faiths, we are lost in the celebration forgetting completely the existence of our own origin.

One may ask, “How is it possible in the midst of so many diversities?” My answer to such questions will be “Its possible because we respect our togetherness. How can we forget the benefits of safeguarding this unity? It protects our heritage and in the process attracts tourism. The foreigners feel amased with the existence of so many traditions, cuisines, clothings, languages and of course the diverse gifts of Mother Nature.

I feel, the biggest benefit of ‘Unity in Diversity’ is the protection of human rights of all. This gives the citizens confidence of having safety at workplace and automatically encourages healthy teamwork that ultimately leads to progress.

Every coin has two sides, so has the principle of unity. It is an utopian idea to think that there is no social tension because of these diversities. But they can be tactfully handled by the authorities for getting global recognition and most importantly safety and security of our nation.

We all know the age-old saying, ‘United we stand, Divided we fall’ Today, my dear young friends, I am quoting J.K. Rowling, the creator of Harry Potter, “ we are only as strong as we are united, as weak as we are divided” I am sure you all believe her and take it as a maxim to protect the principle of ‘Unity and Diversity’ which is so unique for our country. I want to express my gratitude to Cultural Forum for selecting me to talk on a topic so close to my heart.

Yuvakbharati English 11th Digest Chapter 1.4 Pillars of Democracy Additional Important Questions and Answers

Question 1.
Discuss hero-worship by citing some examples.
Answer:
Hero-worship is to have exclusive admiration for someone which may lead to bias. The admirer refuses to believe that the hero might have any imperfection. The hero is idolized. It happens with film stars, sportsmen, politicians and sometimes with religious gurus.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Question 2.
‘Fraternity leads to social stability’ – Explain the statement.
Answer:
Fraternity is a common bond or feeling of unity among people. It automatically gives rise to the concept of togetherness of all cast, creed and religion. For a society to be stable, these are the basic necessities. In a vast country like India, it is definitely a tough job to maintain such feelings, but it has to be observed for the progress of the country. India, being a country of diverse communities, social stability is an essential ingredient for keeping the country safe and secure.

Question 3.
Find some words starting with ‘Anti’ like ‘Anti-social’
Answer:

  1. Anti-climax
  2. Anti-pathy
  3. Anti-thesis
  4. Anti-dote
  5. Anti-virus
  6. Anti-hero

Comprehension

Read the extract and complete the activities given below.

Global Understanding:

Question 1.
Supply information from the passage.
Answer:
1. When there was no way left for constitutional methods for achieving economic and social objectives, there was a great deal of justification for unconstitutional methods.
2. There is nothing wrong in being grateful to great men who have rendered lifelong services to the
country.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Question 2.
Choose the correct statements which are the themes of the passage.
(i) This passage talks about the dangers of inequality.
(ii) This passage talks about the importance of equality and fraternity.
(iii) In this passage Dr. Ambedkar supported Bhakti in politics.
(iv) Dr. Ambedkar is pained to see the denial of ‘One Man One Value’.
Answer:
(ii) This passage talks about the importance of equality and fraternity.
(iv) Dr. Ambedkar is pained to see the denial of ‘One Man One Value’.

State whether the following statements are true or false. Correct the false statement.

Question (i)
The people of America did not think that they were a nation.
Answer:
True

Question (ii)
The laity accepted the word ‘nation’ wholeheartedly.
Answer:
False – So many objections were raised by the laity to the word ‘nation’.

Question (iii)
Politically-minded Indian were in favour of the expression ‘the people of India’.
Answer:
False – Politically-minded Indians resented the expression ‘the people of India’.

Question (iv)
According to Dr. Ambedkar, it is necessary to realize the importance of becoming a nation.
Answer:
True

Complex Factual

Question 1.
What are the two things necessary to maintain democracy?
Answer:
The first thing that is needed to maintaihn democracy is to follow constitutional methods of achieving our social and economic objectives. The second thing which is of utmost importance to safeguard our democracy is not to lay our liberties even at the feet of a great man blindly.

Question 2.
What are the contradictions Dr. Ambedkar was worried about ?
Answer:
Dr. Ambedkar was worried about the contradictions of equality and fraternity. He was concerned about equality in politics but the possible inequality in our social and economic life. For him, fraternity might be a good concept but it was difficult to achieve.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Question 3.
What according to Dr. Ambedkar, was the problem of India becoming a ‘nation’? What was his suggestion to overcome the problem?
Answer:
According to Dr. Ambedkar, a nation divided into several thousands of castes, was one of the biggest problems of India becoming a nation. His suggestion was the realization of this fact as early as possible and think of ways and means to realize that goal.

Inference / Interpretation / Analysis

Question 1.
Mention the threats of hero-worship in Indian politics.
Answer:
Hero-worship plays a huge negative role in Indian politics. By excessive admiration for a person, the people of India tend to sacrifice their liberties at the feet of the person whom they admire. This can lead to misuse of power by exercising unconstitutional methods and encroaching upon people’s freedom.

Question 2.
Dr. Ambedkar was worried about inequality because –
(i) It will lead democracy to danger.
(ii) Long-standing inequality may be the cause of rebellion among the people.
OR
Explain.
‘Fraternity is a different thing to achieve’.
Answer:
India is a vast country with diverse cultures. Expecting brotherhood among all is not easy since there might be differences of opinions. But for the greater interest of the well-being of Mother India, this unity is desirable. Dr. Ambedkar also felt that was the right path to travel.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Personal Response:

Question 1.
Give an example of hero worship that you have come across in Indian politics.
Answer:
Electing the popular actors and actresses with landslide majority is a common hero-worship observed in most parts of India. The actors enjoy certain level of admiration which helps them win key portfolios enabling them to subvert key institution.

Question 2.
Explain your views on hero-worship.
Answer:
I am not against hero-worship. In life, one can have an idol/hero whom one tries to follow to reach one’s goal but too much of anything is bad and I am against excessive hero-worship which leads to biased idolizing.

Question 3.
Do you think India as a democracy is a successful nation. Explain.
Answer:
India as a democratic nation is indeed successful though there are certain elements which come in the way obstructing the smooth functioning of the government. Such elements are regionalism, casteism and fanaticism.

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Language Study:

Question (i)
We must hold fast to constitutional methods. (Rewrite using a modal auxiliary showing ‘necessity )
Answer:
We need to hold fast to constitutional methods.

Question (ii)
There is nothing wrong in being grateful to great men. (Use infinitive)
Answer:
There is nothing wrong to be grateful to great men.

Question (i)
On the 26th January 1950, we are going to enter into a life of contradictions.
(Frame a Wh-question to get the underlined part of the sentence as answer.)
Answer:
What are we going to enter into on the 26th January, 1950?

Question (ii)
In politics, we will have equality. (Pick up the preposition and say its purpose)
Answer:
In-Inside something

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Question (iii)
We are cherishing a great delusion. (Begin the sentence with ‘A great delusion…’and rewrite)
Answer:
A great delusion is being cherished by us.

Question (iv)
We shall realize the necessity of becoming a nation. (Use ‘that’ and rewrite as a complex sentence) Answer:
We shall realize that it is necessary to become a nation.

Vocabulary:

Question 1.
Match the words in column ‘A’ with their synonyms in column ‘B’.

Words (A)Synonyms (B)
1. Anarchy(a) Contribute
2. Render(b) Purity
3. Chastity(c) Disorder
4. Hero worship(d) Excessive admiration

Answer:

Words (A)Synonyms (B)
Anarchy(c) Disorder
Render(a) Contribute
Chastity(b) Purity
Hero worship(d) Excessive admiration

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Question 2.
Make a list of meanings of all the homographs that are found in the text
Answer:
Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy 5

(ii) Example of Homograph
match, might, letter, fly, fine, leaves, left, right, ring, spring, state, well.

Question 3.
Give synonyms of the following.

  1. Contradiction
  2. Solidarity
  3. Salvation
  4. Degradation

Answer:

  1. Situation in opposition
  2. harmony to one another
  3. liberation
  4. deterioration

Question 4.
Find out the word from the passage which means –
1. rites prescribed for public worship
2. unity or agreement of feeling
Answer:
1. liturgy
2. solidarity

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Grammar:

Frame Wh-question to get the underlined parts of the following sentences as answers.

Question 1.
Make sentences of your own with the following prepositions.
Answer:
(i) in, into, inside
I live in Mumbai / the flowers will bloom in spring.
The frog jumped into the well.
The jacket was inside the cupboard.

(ii) on, onto, above, over
The duster was on the teacher’s desk.
The child scattered all his toys onto the floor.
We were driving over the expressway.
My friend lives just above my apartment.

(iii) beside, besides
Ramu sits beside his best friend in the classroom.
Besides being learned, the gentleman is a good human being.

(iv) for, from, since
My grandparents will stay only for three hours.
My grandparents have been waiting since morning.
My grandparents have been waiting from 10 o’ clock.

(v) to, towards
I was going to school. (Definite destination)
I was going towards school. (May be somewhere near the school)

(vi) down, below, under, beneath, underneath,
The mountaineers came down safely.
The temperature never went below 40°C.
The scenes under the sea were very well filmed.
My mother kept my football kit safely beneath the cot. (Usually used in formal language)
You can search your slippers underneath the sofa. (Casually used)

(vii) between, among, amongst
She was sitting between two of us.
I distributed the chocolates among all my friends, (more commonly used)
My sister was the topper amongst the girls, (less common than ‘among’)

Maharashtra Board Class 11 English Yuvakbharati Solutions Chapter 1.4 Pillars of Democracy

Glossary:

  1. abandoned – left
  2. salvation – saving from sin (Christian belief)
  3. eventual – ultimate
  4. contradiction – situation / ideas in opposition
  5. solidarity – like-mindedness / harmony to one another
  6. eminent – distinguished / renowned
  7. divine – a cleric / clergyman
  8. on the spur of the movement (phr) – without thinking and planning
  9. resented – disliked/be displeased
  10. antipathy – hostility / opposition
  11. Grammar of Anarchy – a state of disorder due to the absence of non-recognition of controlling system
  12. rendered – contributed, made available
  13. chastity – purity, modesty
  14. hero-worship – excessive admiration for somebody
  15. degradation – cause something to become worse in quality
  16. peril – danger, risk
  17. triennial – the 300th anniversary
  18. liturgy – rites prescribed for public worship
  19. laity – members of a religious community
  20. delusion – a mistaken idea or opinion
  21. anti-national – the prefix ‘anti’ in anti-national expresses opposition to something.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Balbharti Maharashtra State Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures Textbook Exercise Questions and Answers.

Maharashtra State Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

1A. Select the correct answer from the options given below and rewrite the statements.

Question 1.
A company cannot issue ___________ with voting rights.
(a) Equity shares
(b) Debentures
(c) Securities
Answer:
(a) Equity shares

Question 2.
A company can issue ___________ convertible debentures.
(a) Only Partly
(b) Only fully
(c) Partly or fully
Answer:
(c) Partly or fully

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Question 3.
Money from ___________ Account is used for redemption of debentures.
(a) Capital
(b) Debenture Redemption Reserve
(c) Profit or Loss
Answer:
(b) Debenture Redemption Reserve

Question 4.
___________ protects the interest of debenture holders.
(a) Debenture Trustees
(b) Debenture holders
(c) Redemption Reserve
Answer:
(a) Debenture Trustee

Question 5.
Secured debentures must be redeemed within ___________ from the date of its issue.
(a) 10 days
(b) 10 years
(c) 15 years
Answer:
(b) 10 years

Question 6.
A company issuing ___________ debenture must create a charge on the assets of the company.
(a) Secured
(b) Unsecured
(c) Redeemable
Answer:
(a) secured

Question 7.
Debenture certificate must be issued within ___________ of allotment of debentures.
(a) 3 months
(b) 6 months
(c) 60 days
Answer:
(b) 6 months

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Question 8.
The details of allotment of Debentures must be entered in ___________
(a) Register of debenture
(b) Register of members
(c) Register of creditors
Answer:
(a) register of debenture

Question 9.
A company that issues a prospectus or invites more than 500 persons to buy its debenture has to appoint ___________
(a) Register of companies
(b) Debenture holders
(c) Debenture trustees
Answer:
(c) Debenture Trustees

Question 10.
The contract between the company and Debenture trustees of companies is called as ___________
(a) Debenture trust deed
(b) Letter of offer
(c) Prospectus
Answer:
(a) Debenture Trusts Deed

Question 11.
Procedure for allotment of Debenture should be completed within ___________ from the date of receipt of applications.
(a) 6 months
(b) 3 months
(c) 60 days
Answer:
(c) 60 days

1B. Match the pairs.

Question 1.
Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures 1B
Answer:

Group ‘A’Group ‘B’
a) Debenture Trustees7) Protects interest of debenture holders
b) Debenture holders5) No voting rights
c) Charge on assets3) Secured debentures
d) Board of Directors1) Power to issue debentures
e) Debenture certificate10) Issued within 6 months of allotment of debentures

1C. Write a word or term or a phrase that can substitute each of the following statements.

Question 1.
Type of resolution needed to issue convertible debentures.
Answer:
Special Resolution

Question 2.
Account to be created for the redemption of debentures.
Answer:
Debenture Redemption Reserve Account

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Question 3.
Institution appointed by the company to protect the interest of debenture holders.
Answer:
Debenture Trustee

Question 4.
Period within which secured debenture should be redeemed.
Answer:
10 years

Question 5.
Type of debentures on which the company has to create a charge on its assets.
Answer:
Secured Debenture

Question 6.
The document contains terms and conditions agreed upon by the company and the Debenture trustees.
Answer:
Debenture Trust Deed

Question 7.
The time period within which the procedure for allotment of debenture is to be completed from the date of receipt of applications.
Answer:
60 days

Question 8.
Period within which debenture certificate must be issued by a company.
Answer:
6 months

Question 9.
An institution that redresses grievances of debenture holders.
Answer:
Debenture Trustee/NCLT

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Question 10.
The authority has the power to issue debentures.
Answer:
Board of Directors

1D. State whether the following statements are True or False.

Question 1.
Debenture holders have no voting rights.
Answer:
True

Question 2.
The company cannot issue non-convertible debentures.
Answer:
False

Question 3.
Special Resolution is needed to issue convertible debentures.
Answer:
True

Question 4.
Debentures holders are paid interest.
Answer:
True

Question 5.
Debenture Trustees cannot approach NCLT to redress grievances of debenture holders.
Answer:
False

Question 6.
All secured debentures should be redeemed within 20 years from the date of their issue.
Answer:
False

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Question 7.
The company has to create a charge on its assets when it issues secured debentures.
Answer:
True

Question 8.
Debenture Trustees are appointed to protect shareholders.
Answer:
False

Question 9.
Debentures certificate should issue within 6 months of allotment of debentures.
Answer:
True

Question 10.
After allotment of Debentures names of Debenture holders is entered in the Register of Members.
Answer:
True

1E. Find the odd one.

Question 1.
Debenture holders, Interest, Dividend
Answer:
Dividend

Question 2.
Debenture Trustee, Court, NCLT
Answer:
Court

Question 3.
Secured debenture, convertible debenture, Irredeemable debenture
Answer:
Irredeemable

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Question 4.
Debenture Trustee, Trust deed, Shareholder.
Answer:
Shareholder

1F. Complete the sentences.

Question 1.
A legal instrument conveying the assets of a company to the Debenture trustees is called ___________
Answer:
Debenture Trust Deed

Question 2.
To protect the interest of Debenture holders a company appoints ___________
Answer:
Debenture Trustee

Question 3.
On receipt of application and money, the procedure for allotment of debentures should be completed within ___________
Answer:
60 days

Question 4.
Authority to create charge on company’s assets is with the ___________
Answer:
Debenture Trustee

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Question 5.
Secured debentures should be redeemed within ___________
Answer:
10 years

Question 6.
To stop a company from incurring further liabilities, the Debenture trustee can approach ___________
Answer:
NCLT

Question 7.
A company which issues prospectus or invites more than 500 persons to subscribe for its debentures, has to appoint ___________
Answer:
Debenture Trustee

Question 8.
Return on investment on debenture is called ___________
Answer:
Interest

Question 9.
For public issue of debentures of ₹ 100 crores, minimum subscription should be ___________
Answer:
75%

Question 10.
For public issue or rights issue of convertible debentures, as per SEBI, a company must obtain ___________
Answer:
Consent of shareholder

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

1G. Select the correct option from the bracket.

Question 1.
Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures 1G
(Issued within 6 months of allotment, Names of debenture holders, Secured debentures, Trust Deed, Debenture holders)
Answer:

Group ‘A’Group ‘B’
(1) Debenture Trustees(a) Trust deed
(2) Secured debenture(b) Charge on assets
(3) Register of Debenture(c) Name of debenture holders
(4) Issued within 6 months of allotment(d) Debenture certificate
(5) No voting rights(e) Debenture holder

1H. Answer in one sentence.

Question 1.
Who are the debenture holders?
Answer:
Debenture holders are the applicants who purchase the debentures of the company. They are the creditors of the company.

Question 2.
What do debenture holders receive as a return on Investment?
Answer:
Debenture holders receive interest on investment.

Question 3.
Whom does the company appoint to protect the interest of debenture holders?
Answer:
Debenture Trustees are appointed to protect the interest of debenture holders.

Question 4.
Within what period should secured debenture be redeemed?
Answer:
Within 10 years, secured debenture should be redeemed.

Question 5.
Name of the document which acts as an agreement between company and trustee.
Answer:
The debenture Trust deed is a document that acts as an agreement between the company and the Trustee.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Question 6.
Who has the authority to create charges on assets of a company?
Answer:
Debenture Trustees have the authority to create charges on the assets of a company.

Question 7.
Name of the meeting in which approval for increasing the borrowing powers of the Board is passed.
Answer:
An Extra-Ordinary General Meeting, a resolution regarding the increase in borrowing powers of Board is passed.

Question 8.
Within what period should the debenture certificate be issued?
Answer:
A period of 6 months is required to issue a debenture certificate.

Question 9.
What is the minimum subscription that a company must collect for an issue of debentures of ₹ 100 crores?
Answer:
The minimum subscription that a company must collect for an issue of debentures of Rs.100 crores is 75% of the base issue size.

Question 10.
When should the company appoint a credit rating agency?
Answer:
In order to credit rating of securities, the company can appoint a Credit Rating Agency.

1I. Correct the underlined word and rewrite the following sentences.

Question 1.
The details of debenture holders are entered in the Register of Members.
Answer:
The details of debenture holders are entered in the Register of the debenture.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Question 2.
Secured debentures must be redeemed within 15 years from the date of its issue.
Answer:
Secured debentures must be redeemed within 10 years from the date of its issue.

Question 3.
A company issuing irredeemable debentures must create a charge on the assets of the company.
Answer:
A company issuing Secured Debentures must create a charge on assets of the company.

Question 4.
Return on investment on debentures is the dividend.
Answer:
Return on investment on debentures is Interest.

Question 5.
Debenture Trustees redress the grievances of shareholders.
Answer:
Debenture Trustees redress the grievances of Debenture holders.

Question 6.
Debenture certificates are issued within 3 months of allotment of debentures.
Answer:
Debenture certificates are issued within 6 months of allotment of debentures.

Question 7.
The procedure for allotment of debentures should be completed within 90 days from the date of receipt of applications.
Answer:
The procedure for allotment of debentures should be completed within 60 days from the date of receipt of applications.

Question 8.
To rate its debentures a company appoints underwrites.
Answer:
To rate its debentures a company appoints a Credit Rating Agency.

1J. Arrange in proper order.

Question 1.
(a) Obtain Credit Rating
(b) Entry in register of debenture
(c) Receive application with money
Answer:
(a) Obtain Credit Rating
(b) Receive application with money
(c) Entry in register of debenture

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Question 2.
(a) Issue debenture certificate
(b) Issue prospectus
(c) Open Bank Account
Answer:
(a) Issue prospectus
(b) Open Bank Account
(c) Issue debenture certificate

Question 3.
(a) Hold Board Meeting for allotment
(b) Issue debenture certificate
(c) Receive application with money
Answer:
(a) Hold Board Meeting for allotment
(b) Receive application with money
(c) Issue debenture certificate

2. Explain the following terms/concepts.

Question 1.
Debenture Certificate
Answer:
A debenture Certificate is an acknowledgment issued by a company with its common seal and signature against debenture issued. It includes all the information of debenture issued, its face value, rate of interest details of debenture holder, etc. A debenture certificate should be issued by the company within 6 months -from the debenture’s allotment.

Question 2.
Debenture Trustee
Answer:
Debenture Trustees are institutions that are responsible to protect the interest of debenture holders. If the company invites more than 500 persons to buy debentures, then it has to appoint one more debenture trustee. The company issuing secured debentures also must appoint a debenture trustee. The company enters into a contract with debenture trustee

Question 3.
Charge on Assets
Answer:
Charge on assets means the right of the lender to be paid from a borrower’s asset if the debt is not paid on time. Every year the company must report its total debts secured by a charge on assets. The value of the charge should be adequate to cover the entire debenture issued.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Question 4.
Debenture Trust Deed
Answer:
Debenture Trust Deed is an agreement between the company and debenture trustees. It is a legal instrument stating a relationship between the company and the trustee. It covers all terms of conditions to be followed by the debenture trustee.

3. Study the following case/situation and express your opinion:

1. Rose limited company proposes to issue debenture to the public to raise funds. After discussion, the Board of directors has decided to issue secured, Redeemable non-convertible debentures with a tenure of ten years. Please advise the board on the following matters:

Question (a).
Should the company appoint a Debenture trustee?
Answer:
The company should appoint debenture trustees as they are responsible to protect the interests of debenture holders and they are the link between the company and Debenture holders.

Question (b).
Should the company create a charge on its assets?
Answer:
The company should create a charge on its assets because if the company failed to repay the amount to debenture holders, assets can be realized and the claim can be settled.

Question (c).
Can the tenure of debentures be less than ten years?
Answer:
The maximum tenure of redemption of secured debenture is 10 years. It can be less than 10 years. It shows the strong liquidity position of a company.

2. Violet Ltd. Company plans to raise ₹ 10 crores by issuing debentures. The Board of Directors has some queries. Please advise them on the following:

Question (a).
Can the company issue unsecured debentures?
Answer:
In India, as per the guidelines of SEBI, the issue of unsecured debenture is prohibited. So, the company can’t issue unsecured debenture.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Question (b).
Can they issue irredeemable debentures?
Answer:
The company can issue irredeemable debenture if it is permitted by the Ministry or department of central government or by RBI. It can be issued for a maximum period of 30 years.

Question (c).
As the company is offering debenture to its members, can such debentures have normal voting rights?
Answer:
As the company is offering debentures to its members, such debentures have no normal voting rights. It can enjoy the voting rights on the matters associated with them.

3. DDS financial plans to raise ₹ 10 crores by issuing secured, Non-convertible debentures. However, as per the Articles of Association, the board of directors has authority only to raise up to 5 crores. They are also considering whether to go for a private placement or make a public offer. Please advise them on the following:

Question (A).
What can be the maximum tenure of the debentures to be issued?
Answer:
All the secured debentures should be redeemed for 10 years. Only those companies permitted by RBI/ Dept. Of corporate affairs can issue debentures of more than 10 years but less than 30 years.

Question (b).
Is the proposed issue within the borrowing powers of the board?
Answer:
The proposed issue is not within the borrowing powers of the Board of Directors. If they want to increase their borrowing powers, they have to get the approval of shareholders.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Question (c).
Within what period should the company issue a Debenture certificate?
Answer:
A debenture certificate should be issued within 6 months from the date of allotment of debentures.

4. Answer in brief.

Question 1.
State any four provisions of the Companies act 2013 for the issue of debenture?
Answer:
The company can issue debentures to the public. But to issue debentures, companies need to follow provisions.
Following are the provisions of the Companies Act, 2013:
1. No Voting Rights:
A Company cannot issue debentures with voting rights. Debentures are the creditors of the company and hence, they do not have any voting rights. However, they can enjoy voting rights on the matters associated with them.

2. Payment of interest and redemption:
A debenture holder is responsible to get fixed interest on their investment from the company. The rate of interest is decided at the time of the issue of the debenture. A Company shall redeem the debentures after a specific period of time. It is a temporary capital of a company.

3. Debenture Certificate:
The company issues debenture certificates to the debenture holders. It should be issued by the company within six months from the date of allotment of debentures.

4. Create Debenture Redemption Reserve:
The company has to create a Debenture Redemption Reserve Account out of the profits of the company. Debenture Redemption Reserve is created for the payment of dividends and redemption of debentures only As per the Companies Amendment Act, 2019 no Listed companies, NBFC’s and Housing Finance Companies require Debenture Redemption Reserve.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

Question 2.
What is Debenture Trust Deed?
OR
Write a note on Debenture Trust Deed.
Answer:

  • A debenture is a loan document that helps the company to raise long-term loans from the Market.
  • A person who purchases debenture of a company is called a debenture holder.
  • A debenture holder is a creditor of the company and cannot participate in the management of the company.
  • The company appoints debenture trustees to protect the interest of debenture holders.
  • The company enters into the contract with debenture trustees, which is called as ‘Debenture Trust Deed’.
  • The company can enter into a contract with one or more debenture trustees.
  • The Terms and Conditions of debenture trustees are written into the debenture trust deed.
  • It is a legal instrument conveying the assets of the company to the trustees.
  • Debenture Trust Deed is a right of debenture holder and duty of debenture trustees.
  • A company has to execute a trust deed within 3 months of the closure of the issue.
  • Member and debenture holder can inspect the copy of the deed and also get the copy by paying a certain fee.

Question 3.
Who are debentures trustees?
Answer:

  1. Debentures Trustee is a person or institution which protects the interest of the debenture holders. The Trustees become the custodian of the assets on which charge has been created.
  2. A company that issues a prospectus or invites more than 500 persons to buy its debentures has to appoint one or more Debentures Trustees. Companies issuing secured debentures also must appoint Debentures Trustee.
  3. Debentures Trustee is appointed before prospectus or letter of offer/offer letter is issued or within 60 days after the allotment of the debenture. The Trustees must give written consent to act as Debenture Trustees.
  4. According to SEBI Rules, 1993 “debentures trustee” means a trustee of a trust deed for securing any issue of debentures of a body corporate (section 2 (bb)). (Applicable to public companies only).
  5. The trustee can appoint a nominee to the board of directors of the company. Before the trustee appoints the nominee, the following conditions must be satisfied:
    • Two consecutive defaults made by the company in payment of interest to the debenture holders; or
    • Default in the creation of security for debentures or default in the redemption of debentures.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

5. Justify the following statements.

Question 1.
A company has to create a charge on its asset for issuing secured debenture.
Answer:

  • A debenture is a debt instrument, which helps the company to raise long-term loans.
  • A secured debenture is a debenture against which a charge has been created.
  • In case, if the company has failed to make redemption of debenture or interest, in that case by the order of NCLT, the charged asset can be realized by the company and dues can be settled.
  • Thus, it is rightly said that a company has to create a charge on its asset for issuing secured debenture.

Question 2.
Debenture trustees are appointed by a company issuing debentures.
Answer:

  • Debenture trustees are appointed when the company issues a prospectus or invites more than 500 people.
  • They are appointed to protect the interest and redress the grievances of debenture holders.
  • Debenture trustees act as custodians of assets and create a charge on assets of the company on behalf of debenture holders.
  • In case, the company failed to redemption of a debenture or its interest, then debenture trustees by the order of NCLT can realize the assets and settle the dues.
  • Thus, it is rightly said that debenture trustees are appointed by the company for issuing debenture.

Question 3.
A company can issue only certain types of debentures.
Answer:

  • The debenture holders are the creditors of the company. They offered borrowed capital to the company but cannot participate in the management of the company.
  • Therefore, in order to protect the interest of debenture holders, SEBI, through its guidelines allowing companies to issue certain types of debentures in India.
  • Therefore, the companies operating in India can issue secured debentures, convertible debentures, redeemable debentures to the applicant.
  • It protects the interest of creditors in the company.
  • Thus, it is rightly said that a company can issue only certain types of debentures.

6. Answer the following questions.

Question 1.
Briefly explain the provisions of the Companies Act, 2013 for the issue of debentures.
OR
State the statutory provisions related to the issue of debentures.
Answer:
The company can issue debentures to the public. But to issue debentures companies need to follow provisions.
Following are the provisions of the Companies Act, 2013:
1. No Voting Rights:
A Company cannot issue debentures with voting rights. Debentures are the creditors of the company and hence, they do not have any voting rights. However, they can enjoy voting rights on the matters associated with them.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

2. Types of Debentures:
There are various types of debentures like secured and unsecured debentures, convertible and non-convertible debentures, redeemable and irredeemable debentures, registered and bearer debentures, etc. All the debentures are redeemable in nature. A special resolution is to be passed in the general meeting for issuing convertible debentures.

3. Payment of interest and redemption:
A debenture holder is responsible to get fixed interest on his investment from the company. The rate of interest is decided at the time of the issue of the debenture. A Company shall redeem the debentures after a specific period of time. It is a temporary capital of a company.

4. Debenture Certificate:
The company issues debenture certificates to the debenture holders. It should be issued by the company within six months from the date of allotment of debentures.

5. Create Debenture Redemption Reserve:
The company has to create a Debenture Redemption Reserve Account out of the profits of the company. Debenture Redemption Reserve is created for the payment of dividends and redemption of debentures only. As per the Companies Amendment Act, 2019 no Listed companies, NBFC’s and Housing Finance Companies require Debenture Redemption Reserve.

6. Appointment of Debenture Trustees:
The company issuing debentures for more than 500 people or issuing prospectus has to appoint one or more Debenture Trustees. They are responsible to protect the interest of the debenture holders. Trustees are appointed by entering into the contract with the company which is called Debenture Trust Deed.

7. Debenture Trustees can approach NCLT:
Debenture Trustees have to redress the problem of debenture holders. Debenture Trustees can approach National Company Law Tribunal (NCLT) if the company fails to repay the principal amount on maturity or paying interest. NCLT can direct a defaulting company to repay the principal amount of interest.

8. Impose Restrictions:
Debenture Trustees can also approach NCLT when the company is not able to pay the principal amount of debentures, even after selling the company assets. In such a case, NCLT can order a company to restrict incurring further liabilities so as to protect the interest of the debenture holders.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

9. Punishment for not complying with the provisions of the Companies Act:
If the company or any of its officers fails to comply with any of the provisions, then the company or the responsible officer who is in default will be liable to pay a fine or imprisonment or both as prescribed in the Act.

Question 2.
Explain briefly the procedure for the issue of debentures.
Answer:
A Company’s Secretary is mainly responsible to supervise the process of issue of the debenture. As the employee of the company, the secretary has to look into the matter that company complies with all the provisions.
Procedure for Issue of Debentures:

  • Board Meeting and Resolution
  • EOGM and Shareholder’s Approval
  • Filing with Registrar of Companies
  • Approval and Permission
  • Credit Rating
  • Underwriting Contract
  • Trust Deed
  • Issue of prospectus
  • Open Bank Account with Scheduled Bank
  • Receiving Applications and Allotment
  • Board Meeting
  • Issue Debenture Certificate
  • Entries in register of member

1. Board Meeting and Resolution:

  • Board Meetings should be conducted before issuing debentures. A resolution is passed before issuing debentures to the public. The resolution should specify the following points:
  • Amount and type of debentures to be issued with terms and conditions
  • Approve Prospectus/Offer Letter/Letter of Offer
  • Appointment of Debenture Trustees with their consent
  • Call Extra Ordinary General Meeting
  • Opening of Separate Bank Account to receive money from applicants

2. EOGM and Shareholder’s Approval:
If the issue of debenture exceeds the limit of paid-up capital and free reserve, then the company needs to conduct extraordinary general meetings. An extraordinary General Meeting is held for passing a special resolution and getting the shareholder’s approval related to the increase in the issue of debentures.

3. Filing with Registrar of Companies:
Secretary has to file the special resolution and copy of the prospectus with the Registrar of Companies. It has to be filed within 30 days of the board meeting.

4. Approval and Permission:
Permission of SEBI is compulsory, in case the issue of debenture exceeds ₹ 1 crore or more. Simultaneously, approval of the stock exchange is required to be taken before a prospectus is issued to the public. It is mandatory to list the debentures on the recognized stock exchange before issuing them to the public.

5. Credit Rating:
As per SEBI guidelines, the company has to get its debenture rated by two recognized credit rating agencies such as CRISIL, CARE, ICRA, etc.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

6. Underwriting contract:
The company may enter into an underwriting agreement with underwriters for its public issue of debentures. The appointment of underwriters must be mentioned in the prospectus.

7. Trust Deed:
The Trust Deed has to be executed between the company and trustees. Trustees give a guarantee of protection of debenture holder’s interest.

8. Issue of Prospectus/Letter of Offer/Offer Letter:
Company issues prospectus, if it is inviting the general public. An offer letter is issued if the company makes a private placement. Letter of Offer is issued for Right Issue (Offer to exist shareholders).

9. Appointment of Banker:
Issuing Company must appoint a ‘Scheduled Bank’ as a banker of the company. The company must open a separate account in the name of the company. This account is opened to receive the money from the applicants.

10. Receiving and Allotment of debenture:
A board meeting is held to decide and approve the allotment of debentures. Board also approves the creation of charges on the company assets. The company must make the arrangement to receive the application with application money. After Board Meeting, the company allows debentures to the applicants.

11. Issue of Debenture Certificate:
The allotment procedure has to be completed within 60 days from the receipt of application money. Debenture certificates are prepared by the secretary and issued to the debenture holders within 180 days from the date of allotment.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 4 Issue of Debentures

12. Entries in Register of Debenture:
If the debentures are issued in DEMAT form, the company does not maintain the Register of Debenture holders. After allotment, all details of debenture holders are entered in the register of the debenture. In case of debenture holders exceed 50, the company should maintain the ‘Index of Debenture holders.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 3 Issue of Shares

Balbharti Maharashtra State Board Class 12 Secretarial Practice Important Questions Chapter 3 Issue of Shares Important Questions and Answers.

Maharashtra State Board 12th Secretarial Practice Important Questions Chapter 3 Issue of Shares

1A. Select the correct answer from the options given below and rewrite the statements.

Question 1.
____________ of company must have provision regarding issue of bonus shares.
(a) Memorandum of Association
(b) Articles of Association
(c) Prospectus
Answer:
(b) Articles of Association

Question 2.
If a share of ₹ 100 is issued at ₹ 100, it is said to be issued at ____________
(a) Par
(b) Premium
(c) Discount
Answer:
(a) Par

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 3 Issue of Shares

Question 3.
If a share ₹ 100 is issued at ₹ 90, it is said to be issued at ____________
(a) Par
(b) Discount
(c) Premium
Answer:
(b) discount

Question 4.
____________ means placing the shares privately without inviting the public for subscription.
(a) Private placement
(b) Public placement
(c) Transfer
Answer:
(a) Private placement

Question 5.
A share certificate must be signed by at least ____________ directors.
(a) two
(b) three
(c) four
Answer:
(a) two

Question 6.
Letter of regret is accompanied by ____________
(a) refund order
(b) Call Letter
(c) Dividend warrant
Answer:
(a) refund order

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 3 Issue of Shares

1B. Match the pairs.

Question 1.

Group ‘A’Group ‘B’
(1) Share certificate(a) Capitalization of profit
(2) Bonus shares(b) Transfer of shares due to operation of law
(3) Under subscription(c) Bearer document
(4) Transfer of shares(d) More applications than expected
(5) Private placement(e) Sale or gift of shares to another person
(f) Private company collecting capital privately
(g) Right Issue
(h) Registered document
(i) Public company collecting capital privately
(j) Fewer applications than expected

Answer:

Group ‘A’Group ‘B’
(1) Share certificate(h) Registered document
(2) Bonus shares(a) Capitalization of profit
(3) Under subscription(j) Fewer applications than expected
(4) Transfer of shares(e) Sale or gift of shares to another person
(5) Private placement(i) Public company collecting capital privately

Question 2.

Group ‘A’Group ‘B’
(1) Right issue(a) Shares allotted to the Board of Directors
(2) IPO(b) Negotiable instrument
(3) Share Warrant(c) Secondary market
(4) Bonus issue(d) Application letter
(5) Regret Letter(e) Partial issue
(f) Shares allotted to existing shareholders
(g) Non-negotiable instrument
(h) Shares issued at free of cost
(i) Refund order
(j) Primary market

Answer:

Group ‘A’Group ‘B’
(1) Right issue(f) Shares allotted to existing shareholders
(2) IPO(j) Primary market
(3) Share Warrant(b) Negotiable instrument
(4) Bonus issue(h) Shares issued at free of cost
(5) Regret Letter(i) Refund order

Question 3.

Group ‘A’Group ‘B’
(1) Employees Stock Option(a) Board of Directors
(2) Oversubscription(b) Conversion of shares to stock
(3) Allotment of shares(c) Control over stock exchanges
(4) Transmission of shares(d) Shares issued at more than face value
(5) Issue at par(e) More capital
(f) Transmission of ownership shares due to the operation of law
(g) Less capital
(h) Shares issued at face value
(i) Employees participation in business
(j) Refund of money

Answer:

Group ‘A’Group ‘B’
(1) Employees Stock Option(i) Employees participation in business
(2) Oversubscription(e) More capital
(3) Allotment of shares(a) Board of Directors
(4) Transmission of shares(f) Transmission of ownership shares due to the operation of law
(5) Issue at par(h) Shares issued at face value

1C. Write a word or a term or a phrase that can substitute each of the following statements.

Question 1.
A letter that informs the applicant that shares are allotted to him.
Answer:
Letter of Allotment

Question 2.
A letter that informs the applicant that shares are not allotted to him.
Answer:
Letter of Regret

Question 3.
Passing ownership of shares from Shareholders to another person voluntarily.
Answer:
Transfer of shares

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 3 Issue of Shares

Question 4.
A document that is an invitation to the general public to subscribe for shares of the company.
Answer:
Prospectus

Question 5.
Money paid along with the application of shares.
Answer:
Application money

Question 6.
The authority has the right to make calls on shares.
Answer:
Board of Directors

Question 7.
Giving shares to share applicant or specific person with whom the company has entered into the contract.
Answer:
Allotment of shares

1D. Find the odd one.

Question 1.
IPO, FPO, ESES.
Answer:
ESES

Question 2.
ESOS, ESPS, Bonus Shares, Sweat Equity.
Answer:
Bonus Shares

1E. Correct the underlined word/s and rewrite the following sentences.

Question 1.
Rights shares are offered to existing employees of a company.
Answer:
Rights shares are offered to existing shareholders of a company.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 3 Issue of Shares

Question 2.
Letter of Regret should be sent to applicants whom shares are allocated.
Answer:
Letter of Allotment should be sent to applicants whom shares are allocated.

Question 3.
Transfer of Shares is done by operation of law.
Answer:
Transmission of shares is done by operation of law.

2. Explain the following terms/concepts.

Question 1.
Fixed Price Method
Answer:

  • In an initial public offering (IPO), if the shares are offered at a fixed price such issue is known as the Fixed Price issue.
  • In this method, the company mentions the quantity and the price at which shares are offered.

Question 2.
SARS
Answer:

  • It is a method for companies to offer their employees a bonus compensation if the company performs well financially.
  • The company allows a specified number of ‘Stock Appreciation Righf Units that are linked to the value of the Company’s shares on the date of allotment.

3. Answer in brief.

Question 1.
What is Transfer of Shares?
Answer:

  • Transfer of shares means the transfer of ownership of the shares from one person to another against consideration.
  • Transfer of shares is effected by removing the name of the existing shareholders (transferor) from the register of members and inserting the name of the new member (transferee).
  • Transfer of shares is a voluntary process of transferring shares by a member of a company.
  • A member may transfer the shares for consideration or give them away as a gift.
  • In the case of public companies, shares are freely transferable subject to the provisions of the Articles of Association.
  • In the case of private companies, there are restrictions on the free transfer of shares.
  • A member has to apply to the company for the transfer of shares by filling the ‘Instrument of Transfer’ and submit the share certificate along with the required transfer fees.
  • A member who is transferring the shares is called a Transferor and to whom the shares are to be transferred is called Transferor.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 3 Issue of Shares

4. Answer the following questions.

Question 1.
Explain briefly the different offering shares to Existing Employees.
Answer:
A company can raise funds by offering shares to its existing employees as follows:

  • Employees Stock Option Scheme (ESOS)
  • Employee Stock Purchase Scheme (ESPS)
  • Stock Appreciation Rights Scheme (EARS)
  • Sweat Equity Shares

(i) Employees Stock Option Scheme (ESOS):
An employee stock option plan is an employee benefits scheme under which the company encourages its employees to acquire ownership in the form of shares. Under this scheme, permanent employees, Directors or Officers of the Company or its holding company or subsidiary company- are offered the benefit or right to purchase the equity shares of the company at a future date at a predetermined price. Generally, these shares are issued at discount. The shares are offered at a price lesser than their market price.

Following are the provisions related to ESOS:

  • A company may offer the shares directly to the employees or through an Employee Welfare Trust.
  • The shares are offered at a price lesser than their market price.
  • There is a minimum vesting period of one year.
  • The company specifies the lock-in period. It is a minimum of one year between the grant of option and vesting.
  • Shares issued under this scheme enjoy dividends or voting rights only after buying by employees.
  • The company has to get the approval of shareholders through a special resolution to issue ESOS.
  • An employee can neither transfer his option to any other person nor pledge/mortgage the shares issued under ESOS.
  • The company has to set up a compensation committee to administer ESOS
  • The company has to fulfill the provision of SEBI (Share Based Employee Benefits) Regulations, 2014.

(ii) Employee Stock Purchase Scheme:
An employee stock purchase scheme is a company-run programme in which participating employees can purchase companies equity shares at a discounted price which they can buy at a future date. The company deducts a certain amount from the salary of the employee towards the payment for the shares.

Maharashtra Board Class 12 Secretarial Practice Important Questions Chapter 3 Issue of Shares

Provisions:

  • A different number of shares can be offered to different categories of employees.
  • Shares issued through ESPS – should be listed on a recognized stock exchange.
  • If ESPS is not a part of a public issue then it will have a one-year lock-in period from the date of allotment.
  • The company has to fulfill the provisions of SEBI.
  • The company has to get the approval of the shareholders by passing a special resolution to offer ESPS.

(iii) Stock Appreciation Rights Scheme:

  • It is a method for companies to offer their employees a bonus compensation if the company performs well financially.
  • The company allows a specified number of ‘Stock Appreciation Right’ Units that are linked to the value of the Company’s shares on the date of allotment. On the future date, the employee is paid the appreciation value in cash or through Equity Shares.
  • There is no lock-in period for SARS. To issue SARS company has to get the approval of shareholders by a special resolution.

(iv) Sweat Equity Shares:
These are shares issued by a company to its directors or employees at a discount or for consideration other than cash. It is one of the modes of making share-based payments to employees. It is issued in recognition of their valuable contribution in the prosperity of the company.

Sweat Equity Shares rank “Pari Passu” (equal footing) with other equity shares. These shares have a lock-in period of three years. The company has to get the approval of shareholders by passing a special resolution to issue Sweat Equity Shares.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Balbharti Maharashtra State Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares Textbook Exercise Questions and Answers.

Maharashtra State Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

1A. Select the correct answer from the options given below and rewrite the statements.

Question 1.
___________ refers to capital made up of Equity and preference shares.
(a) Share capital
(b) Debt capital
(c) Reserve fund
Answer:
(a) Share capital

Question 2.
___________ capital refers to maximum capital a company can raise by issuing shares.
(a) Issued
(b) Authorised
(c) Paid up
Answer:
(b) Authorised

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 3.
___________ means shares are offered to the public.
(a) Rights Issue
(b) Private Placement
(c) Public Issue
Answer:
(c) Public Issue

Question 4.
Under ___________ method, issue price of shares is based on bidding.
(a) Book Building
(b) Fixed Price
(c) Bonus Issue
Answer:
(a) Book Building

Question 5.
In ___________, shares of a company are offered to the public for the first time.
(a) Further Public Offer
(b) Initial Public Offer
(c) Public Offer
Answer:
(b) Initial Public Offer

Question 6.
___________ is offered to existing equity shareholders.
(a) IPO
(b) ESOS
(c) Rights Issue
Answer:
(c) Rights Issue

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 7.
Bonus shares are issued free of cost to ___________
(a) existing Equity shareholders
(b) existing employees
(c) Directors
Answer:
(a) existing Equity shareholders

Question 8.
___________ are offered to permanent employees Directors and Officers of a company.
(a) Bonus Shares
(b) Rights Issue
(c) ESOS
Answer:
(c) ESOS

Question 9.
Under ___________, a company offers its securities to a select group of persons not exceeding 200.
(a) Private Placement
(b) IPO
(c) Public Offer
Answer:
(a) Private Placement

Question 10.
The ___________ have the power to allot shares.
(a) Director
(b) Board of Directors
(c) Company Secretary
Answer:
(b) Board of Directors

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 11.
Letter of ___________ is sent to applicants who have been given shares by the company.
(a) Regret
(b) Renunciation
(c) Allotment
Answer:
(c) Allotment

Question 12.
___________ is a proof of title to Shares.
(a) Share Certificate
(b) Register of Member
(c) Letter of Allotment
Answer:
(a) Share Certificate

Question 13.
The gap between two calls should not be less than ___________
(a) 14 days
(b) One month
(c) 21 days
Answer:
(b) One month

Question 14.
Company can ___________ shares on non-payment of calls.
(a) forfeit
(b) surrender
(c) allot
Answer:
(a) forfeit

Question 15.
Voluntarily giving away one’s share to another person is called as ___________ of shares.
(a) Transfer
(b) Transmission
(c) Surrender
Answer:
(a) Transfer

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 16.
___________ of shares takes place due to operation of law.
(a) Forfeiture
(b) Allotment
(c) Transmission
Answer:
(c) Transmission

1B. Match the Pairs.

Question (I).
Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares 1B Q1
Answer:

Group ‘A’Group ‘B’
(a) Death of member(5) Transmission of shares
(b) Voluntary return of shares to company by member(4) Surrender of shares
(c) Price of shares mentioned in prospectus(7) Offered to existing Equity Shareholders
(d) ESPS(3) Offered to existing employees
(e) Regret Letter(6) Non-allotment of shares

Question (II).
Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares 1B Q2
Answer:

Group ‘A’Group ‘B’
(a) Issued capital(4) Capital offered to public to subscribe
(b) FPO(8) Maximum capital a company can raise
(c) Bonus shares(7) Free shares issued to existing equity shareholder
(d) Issued within two months of allotment of shares(5) Share Certificate
(e) Forfeiture of shares(1) Non-payment of calls

1C. Write a word or a term or a phrase which can substitute each of the following statements.

Question 1.
Capital collected by way of issue of Equity and Preference shares.
Answer:
Share Capital

Question 2.
Part of issued capital subscribed by investors.
Answer:
Subscribed capital

Question 3.
Capital that will be collected only at the time of winding up of a company.
Answer:
Reserve capital

Question 4.
Highest bid price in Book Building method.
Answer:
Cap price

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 5.
Offering of shares by a company to the public for the first time.
Answer:
IPO

Question 6.
Subsequent issue of shares after an IPO.
Answer:
FPO

Question 7.
Pre-emptive right given to existing Equity shareholders to subscribe to new issue of shares by company.
Answer:
Rights issue/shares

Question 8.
It is also called as ‘Capitalization of Profits’.
Answer:
Bonus shares

Question 9.
Appropriation of shares to an applicant.
Answer:
Allotment of shares

Question 10.
Committee set up to decide the formula for allotment of shares in case of over-subscription.
Answer:
Allotment committee

Question 11.
Minimum amount to be collected from subscribers within thirty days of issue of prospectus.
Answer:
Minimum subscription

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 12.
Document which is a prima facie evidence of ownership of certain shares of a company.
Answer:
Share certificate

Question 13.
Penal action taken by company on non-payment of calls.
Answer:
Forfeiture of shares

Question 14.
Person to whom transferor is transferring the shares.
Answer:
Transferee

Question 15.
Transfer of shares due to operation of law.
Answer:
Transmission of shares

1D. State whether the following statements are true or false.

Question 1.
Only fully paid-up shares can be forfeited.
Answer:
False

Question 2.
The member transferring shares is called a transferor.
Answer:
True

Question 3.
A share certificate is issued for partly or fully paid up shares.
Answer:
True

Question 4.
Allotment of shares must be done within one month of receipt of application money.
Answer:
False

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 5.
Sweat Equity shares are offered to Directors or employees of a company.
Answer:
True

Question 6.
Bonus Shares are issued at a discounted price to the Equity Shareholder.
Answer:
False

Question 7.
The floor price is the highest bid price under the Book Building method.
Answer:
False

Question 8.
Calls not paid by shareholders are called calls in arrears.
Answer:
True

Question 9.
Shares not offered to the public for subscription are called subscribed capital.
Answer:
False

Question 10.
Authorized capital is mentioned in the capital clause of the Memorandum of Association.
Answer:
True

1E. Find the odd one.

Question 1.
Authorized capital, Equity share capital, Issued capital, Paid-up Capital.
Answer:
Equity share capital

Question 2.
ESOS, ESPS, Rights Shares, Sweat Equity.
Answer:
Rights Shares

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 3.
Floor Price, Cap Price, Cut-off price, Face Value.
Answer:
Face Value

Question 4.
Bonus Shares, Rights Shares, ESOS.
Answer:
ESOS

Question 5.
Allotment of Shares, Forfeiture of shares, Surrender of shares.
Answer:
Allotment of shares

1F. Complete the sentences.

Question 1.
Share Capital refers to capital made up of Equity shares and ___________
Answer:
Preference Share

Question 2.
Reserve capital is part of ___________
Answer:
Uncalled Capital

Question 3.
Transfer of shares due to death, insolvency, or insanity of the member is called ___________
Answer:
Transmission Shares

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 4.
The two parties involved in transfer of shares are transferor and ___________
Answer:
transferee

Question 5.
Voluntarily giving up of shares by a member due to inability to pay calls is called as ___________
Answer:
surrender of shares

Question 6.
Company can forfeit only ___________ paid shares.
Answer:
partly

Question 7.
In case the original Share Certificate is torn or mutilated, company can issue ___________
Answer:
Duplicate Share Certificate

Question 8.
In case of transfer of shares, the company has to issue to the transferee a new share certificate within ___________
Answer:
one month

Question 9.
Letter sent to applicants for informing them shares are allotted is called as ___________
Answer:
Letter of Allotment

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 10.
When applications received is more than the number of shares offered, it is called as ___________
Answer:
Over Subscription

Question 11.
In Book Building Method, the final price at which shares are offered to investors is called as ___________
Answer:
Cut-off price

Question 12.
Shares issued free of cost to existing Equity shareholders is called as ___________
Answer:
Bonus Shares

1G. Select the correct option from the bracket.

Question 1.
Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares 1G Q1
(The first-time offer of shares, Shares offered to the public, Shares offered to exist, Equity shareholders, Shares offered to exist, employees, Transmission of shares)
Answer:

Group ‘A’Group ‘B’
(a) Public offer of shares(1) Shares offered to Public
(b) First time offer of shares(2) Initial public offer
(c) Rights Issue(3) Shares offered to existing equity share holders
(d) Shares offered to existing employees(4) ESOS
(e) Operation of law(5) Transmission of Shares

1H. Answer in one sentence.

Question 1.
When does the transmission of shares take place?
Answer:
Transmission of Shares takes place on death, insolvency, or insanity of the members.

Question 2.
Name the two parties involved in the transfer of shares.
Answer:
The transferor and Transferee are the two parties involved in the transfer of shares.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 3.
What is the time limit to issue a share certificate on allotment of shares?
Answer:
Secretary should issue share certificate within two months of allotment of shares.

Question 4.
What is the time limit for Filing a Return of Allotment with the Registrar on the allotment of shares?
Answer:
Secretary has to file a ‘Return of Allotment’ with the Registrar of Companies within 30 days of allotment of shares.

Question 5.
When can a company forfeit shares?
Answer:
If a shareholder fails to pay calls on shares within a certain period company can forfeit shares.

Question 6.
What is a share certificate?
Answer:
Share Certificate is a registered document issued by a company that is evidence of ownership of a specified number of shares of the company.

Question 7.
What is the minimum application money to be collected by Company as per the Companies Act?
Answer:
As per the companies act, the company should collect a minimum of 25% of the nominal value of shares.

Question 8.
To whom should the prospectus be filed before issuing it to the public?
Answer:
The prospectus should be filed with the Registrar of Companies before issuing it to the public.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 9.
What is meant by private placement?
Answer:
When a company offers its securities to a select group of persons not exceeding 200, it is called Private Placement.

Question 10.
To whom is Sweat Equity shares offered by a company?
Answer:
Sweat equity shares are issued to directors or employees of the company.

Question 11.
To whom can a company issue Bonus Shares?
Answer:
The company can issue Bonus Shares to its existing equity shares.

Question 12.
What is the subsequent issue after IPO called as?
Answer:
The subsequent issue after IPO is called FPO.

Question 13.
Name the method under which the issue price of shares is fixed through a bidding process.
Answer:
Under the Book Building method, the issue price of shares is fixed through a bidding process.

Question 14.
What is Public Issue?
Answer:
Public issue or offer means offering the shares to the public. The company invites the public to subscribe to its shares by issuing a prospectus.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 15.
Name the capital which is mentioned in the capital clause of the Memorandum of Association.
Answer:
Authorized Capital is mentioned in the capital clause of the Memorandum of Association.

1I. Correct the underlined words/and rewrite the following sentences.

Question 1.
Issued capital is the maximum capital that a company can raise by issuing shares.
Answer:
Authorized capital is the maximum capital that a company can raise by issuing shares.

Question 2.
Under the Fixed-Price issue method, the price of shares is fixed through a bidding process.
Answer:
Under Book Building Method the price of shares is fixed through a bidding process.

Question 3.
FPO refers to offering shares to the public for the first time.
Answer:
IPO refers to the offering of shares to the public for the first time.

Question 4.
Only Fully paid up shares can be forfeited.
Answer:
Only Partly paid-up shares can be forfeited.

Question 5.
Bonus shares are offered to existing employees of a company.
Answer:
Bonus shares are offered to existing shareholders of a company.

Question 6.
The company enters into an underwriting agreement with the shareholders.
Answer:
The company enters into an underwriting agreement with the underwriters.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 7.
Letter of Allotment is sent to applicants when no shares are allotted to them.
Answer:
Letter of Regret is sent to applicants when no shares are allotted to them.

Question 7.
IPO refers to the offering of shares to the public for the second time.
Answer:
FPO refers to offering shares to the public for the second time.

Question 8.
A duplicate share certificate must be issued within one month from the date of application.
Answer:
A duplicate share certificate must be issued within three months from the date of application.

Question 9.
Call money can not exceed 5% of the nominal value of shares.
Answer:
Call money can not exceed 25% of the nominal value of shares.

1J. Arrange in proper order.

Question 1.
(a) Forfeiture of shares
(b) Calls on shares
(c) Allotment of shares
Answer:
(a) Allotment of shares
(b) Calls on shares
(c) forfeiture of shares

Question 2.
(a) Share certificate
(b) Allotment letter
(c) Application from
Answer:
(a) Application form
(b) Allotment letter
(c) share certificate

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 3.
(a) Return of allotment
(b) Application form
(c) Minimum Subscription
Answer:
(a) Minimum subscription
(b) Application form
(c) Return of allocation

2. Explain the following terms/concepts.

Question 1.
Transmission of shares.
Answer:

  • Transmission of shares means the transfer of the title of shares by the operation of law.
  • When the shares of a member are automatically transferred to another person on the death, insolvency, or insanity of a member it is called Transmission of shares.
  • Transmission of shares is an involuntary action.
  • There is only one party i.e., a legal heir who indicates the process of transmission.
  • The legal heir or official receiver need not pay any consideration for the shares.
  • There is no need to submit an Instrument of Transfer of pay stamp duty.

Question 2.
Bonus shares
Answer:

  • Bonus Shares are shares distributed by a company to its current shareholders as fully paid shares free of charge.
  • The Bonus Shares are given to the existing equity shareholders according to their existing proportion of equity shareholdings.

Question 3.
Allotment of Shares
Answer:

  • Allotment means the distribution of shares among the applicants. It means giving shares to share applicants of to specific persons with whom the company has entered into the contract.
  • Allotment of shares is a procedure in which shares are distributed to those applicants who have submitted a written application along with the application money.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 4.
Employees Stock Option Scheme
Answer:
An employee stock option plan is an employee benefits scheme under which the company encourages its employees to acquire ownership in the form of shares. Under this scheme, permanent employees, Directors or Officers of the Company or its holding company or subsidiary company are offered the benefit or right to purchase the equity shares of the company at a future date at a predetermined price.

Question 5.
Surrender of Shares
Answer:

  • This means the voluntary return of shares by the member to the company for cancellation.
  • Surrender of shares is allowed only if there is no other option but to forfeit the shares.
  • Only partly paid-up shares can be surrendered.
  • Surrendered shares can be surrendered when a company provides for such surrender of shares.

Question 6.
Sweat equity shares
Answer:
These are shares issued by a company to its directors or employees at a discount or for consideration other than cash. It is one of the modes of making share-based payments to employees. It is issued in recognition of their valuable contribution to the prosperity of the company.

Question 7.
Share Certificate
Answer:
A Share certificate refers to documents that are issued by a company evidencing that a person named in such certificate is the owner of the shares of the company stated in the share certificate. Share certificate has to be issued under the common seal of the company. It should be issued within 2 months from the date of allotment against the allotment letter.

Question 8.
Authorized Capital
Answer:

  • The Authorized capital is the maximum amount of capital that a company can raise through the issue of shares to the shareholders.
  • The Authorized capital of a company is also called Registered Capital or Nominal Capital.
  • Authorized capital is the maximum capital that is authorized by the company’s memorandum of Association.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 9.
Forfeiture of shares
Answer:
If a shareholder, who is called upon to pay any call fails to pay the amount, even after sending many reminders the company may forfeit its shares. Thus forfeiture of shares means cancellation of shares.

Question 10.
Paid-up capital
Answer:

  • Paid-up capital is the amount of money a company has received from shareholders in exchange for shares.
  • It is the total amount of money paid up by the shareholders when the company has called up or demanded them to pay.
  • The paid-up capital can be equal to or less than the authorized capital.

Question 11.
Calls on Shares
Answer:

  • Whenever a company issue shares, the company may ask shareholders to pay the value of shares in installment which is known as calls on shares.
  • The company can demand part or full amount of the balance amount of unpaid shares.

Question 12.
Subscribed Capital.
Answer:

  • Subscribed share capital is that part of issued share capital for which a company has positively received a subscription from the investor.
  • It is a part of Issued Capital that has been subscribed by investors or purchased by the general public.

Question 13.
Minimum Subscription
Answer:
Minimum subscription means a minimum amount decided by the ROC which should be build-up by the company by issuing securities to the general public. If the company failed in minimum subscription then it has to return the entire amount back to the applicants.

Question 14.
Transfer of shares
Answer:

  • Transfer of shares means the transfer of ownership of the shares from one person to another against consideration.
  • Transfer of shares is effected by removing the name of the existing shareholders (transferor) from the register of members and inserting the name of the new member (transferee).
  • Transfer of shares is a voluntary process of transferring shares by a member of a company.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 15.
Initial Public Offer (IPO)
Answer:
The initial public offering is the sale of equity shares to the public first time in order to raise capital. This is the most popular and common method used by companies. The company invites the public to subscribe to its shares by issuing prospects.

Question 16.
Blank Transfer
Answer:

  • The Blank transfer means the sale or transfer of securities in which the name of the buyer or transferee is not recorded.
  • When a member signs the Instrument of transfer without filling in the name of the transferee and hands it over to the transferee with the share certificate it is called ‘Blank Transfer.’
  • The blank transfer enables easy to purchase and sale of shares as the blank transfer form can be sold any number of times.
  • The intermediate buyers need not pay stamp duty.

Question 17.
Further Public Offer (FPO)
Answer:
It is also called a follow-on public offer. When the company issue shares to the public after IPO, it is called a further public offer. Thus every issue of shares by a listed company after its IPO is called an FPO. FPO leads to an increase in the subscribed capital of the company.

Question 18.
Forged Transfer
Answer:

  • An instrument on which if the signature of the transferor is forged is called forged transfer.
  • It is a null transfer and does not counter any title.
  • As the signature of the transferor is forged, the company should not register such transfer of shares.

Question 19.
Rights issue
Answer:
A rights issue is an invitation to existing shareholders to purchase additional new shares in the company. A rights issue is a way by which a listed company can raise additional capital.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 20.
Private Placement
Answer:
When a company offers its securities to a selected group of persons not exceeding 200, it is called private placement. Here securities are not offered to the general public.

5. Study the following cases and express your opinion.

1. Eva Ltd. Company’s capital structure is made up of 1,00,000 equity shares having a face value of ₹ 10/- each. The company has offered to the public 40,000 equity shares and out of this, the public has subscribed for 30,000 equity shares. State the following in rupees-

Question (a).
Authorized capital
Answer:
The authorized capital is ₹ 10,00,000 (1,00,000 equity shares × ₹ 10/- each)

Question (b).
Subscribed capital
Ans. The subscribed capital is ₹ 3,00,000 (30,000 equity shares × ₹ 10/- each)

Question (c).
Issued capital
Answer:
The issued capital is ₹ 4,00,000 (40,000 equity shares × ₹ 10/- each)

2. TRI. Ltd company is a newly incorporated public company and wants to raise share capital by issuing equity shares in the market. The board of directors is considering various options for this. Advise the board on the following matters:

Question (a).
What should the company offer – IPO or FPO?
Answer:
The Company should offer IPO.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question (b).
Can the company offer Bonus shares to raise its capital?
Answer:
The company cannot offer Bonus Shares. Bonus Shares are given out of only accumulated capital or reserves only.

Question (c).
Can the company enter into an underwriting Agreement?
Answer:
Yes. The company can enter into an Underwriting Agreement. The underwriters assure the company to take up the unsold shares so that company can be able to raise the minimum subscription.

3. Silver ltd. The company has recently come out with its public offer through FPO. Their issue was over-subscribed. The board of directors now wants to start the allotment process.

Question (a).
Should the company set up an allotment committee?
Answer:
Yes. The company should set up an allotment committee as the issue is over-subscribed so the Board has to set up an allotment committee.

Question (b).
How should the company information to whom the company is allotting shares?
Answer:
The company should inform the applicants through a letter of allotment for allotting shares.

Question (c).
Within what period should the company issue a share certificate?
Answer:
The company should issue share certificates within two months from the date of allotment.

4. Red Tubes Ltd. has made a demand on its shareholders to pay the balance unpaid amount of ₹ 20/- per share (having a face value of ₹ 100) held by them. The company has sent letters asking the shareholders to pay the money to its Bankers within the specified time.

Question (a).
Are the shareholders liable to pay ₹ 20/- for the shares held by them?
Answer:
Yes. The shareholders are liable to pay ₹ 20 for the shares held by them. When a company demands the shareholder to pay a part or full amount of the balance amount unpaid on shares it is called ‘calls on shares’.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question (b).
Name the letter sent by the company to its shareholders asking them to pay ₹ 20/-
Answer:
The company will send a ‘Call Letter’ to its shareholders for asking them to pay ₹ 20.

Question (c).
What happens if the shareholders fail to pay the money within a specific time?
Answer:
If a shareholder fails to pay call money within the specified time, the company can forfeit the shares.

5. X owns 100 shares and Y owns 500 shares of RED tubes. The company has asked all its shareholders to pay the balance unpaid amount of rupees 20. X pays full money demanded by the company and Y failed to pay the money due to poor financial condition.

Question (a).
Can the company forfeit the shares of Y?
Answer:
Yes. The company can forfeit the shares of ‘Y’ as he failed to pay calls on shares within a certain period.

Question (b).
Can the company forfeit the shares of X?
Answer:
The company cannot forfeit the shares of ‘X’ as he paid the full amount of shares. Only partly paid-up shares can be forfeited.

Question (c).
Can X transfer his shares?
Answer:
Yes. X can transfer his shares by filling Instrument of transfer.

4. Distinguish between the following.

Question 1.
Initial Public Offer and Further Public Offer
Answer:

PointsInitial Public offerFurther Public offer
1. MeaningIPO refers to an offer of Securities by an unlisted public company to the public for the first time.FPO means an offer of securities by a listed public company to the public to raise subsequent capital.
2. Raising MoneyRaising Money for the first time from the public.Before FPO Company has already raised money through an IPO.
3. When IssuedIt is usually issued by an existing company that wants to raise capital from the public for the first time.It is usually issued by a listed public company when it wants to raise further capital from the public.
4. Order of IssueIPO precedes FPO. IPO is the first time sale of shares to the public.FPO is always done after IPO. FPO is the second or subsequent sale of shares to the public.
5. ListingThe company has to get itself listed for the first time before issuing IPO.A company making an FPO is already a listed company.
6. RiskIt is very risky for the investor as he cannot predict the company’s performance.It is less risky for the investor as he has an idea of the company’s past performance and can judge its future performance.

Question 2.
Fixed Price Issue Method and Book Building Method
Answer:

PointsFixed Price Issue MethodBook Building Method
1. MeaningUnder this method, the issue price of shares is mentioned in the prospectus and investors have to buy shares at that price only.Under this method, the issue price is determined by a bidding process.
2. Price of SharesThe exact price of shares is known in advance and it is mentioned in the prospectus.The price of shares is not known in advance only the minimum price and maximum price at which the company is willing to sell the shares is known in advance.
3. ProspectusThe company has to issue a prospectus and it contains the details of the price at which shares are offered and the total number of shares offered by the company.The company issues a Red Herring Prospectus. It contains only the price band and the total size of the issue.
4. Determination of DemandThe company comes to know the public demand for its shares only after the closure of the issue.The company comes to know the public demand for its shares every day. The bids are registered in the book .everyday till the closure of the issue.
5. Payment of Application MoneyApplication money or entire money has to be paid by the investor at the time of submitting the application for shares.Only application money has to be paid at the time of bidding. Money will be collected only after the issue price has been fixed.
6. When UsedIt can be used for any issue i.e., Public issues, Rights Issues, FSOS, etc.It is usually used in public issues i.e., IPO and FPO

Question 3.
Right shares and Bonus shares
Answer:

PointsRights SharesBonus Shares
1. MeaningIn the rights issues, shares are offered to the existing equity shareholders.Bonus shares are issued to the existing equity shareholders free of cost.
2. PaymentSubscribers have to pay for the Right Shares.Bonus Shares are issued free of cost to the shareholders.
3. Partly/Fully paid-up sharesShareholders have to pay for these shares as Application Money, Allotment, Call money, etc.Bonus Shares are fully paid up shares so no money has to be paid by shareholders to the company.
4. Minimum SubscriptionThe company has to obtain a minimum subscription for Rights shares.There is no minimum Subscription to be collected for Bonus shares.
5. Right to RenounceThe shareholders can renounce their shares.Shareholders cannot renounce their bonus share.
6. Purpose of IssueThe main purpose to issue rights shares is to raise fresh funds and along with it to give a chance to their existing members to increase their shareholding.The main purpose of issuing bonus shares, is to give rewards to its existing equity shareholders out of its accumulated huge profits or Reserves.

Question 4.
Transfer of shares and Transmission of shares
Answer:

PointsTransfer of sharesTransmission of shares
1. MeaningTransfer of shares means the transfer of ownership of shares from one person to another by entering into a contract.It means the transfer of ownership of a member’s shares to his legal representative due to the operation of law. It takes place on the death of insolvency or insanity of the members.
2. When DoneIt is done when the member wants to sell his shares or give his shares as a gift.It is done when the member dies or becomes insolvent or suffering from insanity.
3. Nature of ActionIt is a voluntary action taken by the member.It is an involuntary action. It is performed by operation of law.
4. Parties InvolvedIn the transfer of shares, there are two parties involved – the member who is called as transferor and the buyer who is called as transferee.There is only one party e.g., the nominee of the members in case of death of the member or the legal representative.
5. Instrument of transferTransfer requires an Instrument of transfer.No instrument of transfer is needed.
6. Initiated byThe transferor initiates the transfer process.Legal representative or official receiver initiates the process of transmission.
7. ConsiderationTransfer of shares is done often by the member to receiving some consideration e.g., money.In the transmission of shares, no consideration is involved.
8. LiabilityThe liability of the transferor ends after the shares are transferred.Original liability of the member continues in case of transmission of shares.
9. Stamp dutyStamp duty as per the market value of shares has to be paid.No stamp duty is to be paid.

5. Answer in brief.

Question 1.
What is Book Building Method?
Answer:

  • The method of offering shares by providing a price range is called the book building method.
  • In the book, building method shares will be sold by the bidding process.
  • The company issues a Red Herring Prospectus which contains a price range or price band and as the investor to bid on it.
  • In this method, the company doesn’t fix up a particular price for the share but gives a price range e.g., ₹ 80 to ₹ 100.
  • When bidding for the shares, investors have to decide at which price they would like to bid for the shares e.g. ₹ 80, ₹ 90, ₹ 100.
  • The lower price band (₹ 80) is known as the floor price and the highest price band (₹ 100) is known as the cap price. The final price at which shares are offered to investors is called the cut-off price.
  • Board on the demand and supply of the shares, decides the final price is to be fixed.
  • Investors can bid on any number of shares that they are willing to buy at a given price band. Such Bidding is kept open for 5 days.
  • The bids with application money are to be submitted to the Lead Merchant Bankers called ‘Book Runners’ who enter the bids in a book.
  • After bidding, the company fixes a cut-off price at which shares on offer can be sold.
  • The company issues a prospectus that contains the final price.
  • Book Building method is used for public issues i.e., IPO and FPO.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 2.
State the provisions for the Rights issue.
Answer:

  • When a company wants to issue further capital it can issue shares to its existing equity shareholders which are called Rights Issue.
  • According to the Companies Act, 2013 company has to fulfill certain provisions for making a Rights Issue.
  • the provisions are
    • Rights shares are sold to the existing shareholders at a price that is lesser than its market price.
    • A company has to send a ‘Letter of offer’ to the existing shareholders at the time of issuing Rights Shares.
    • The letter of offer shall mention
    • The number of shares offered.
    • The period of offer i.e., offer is valid for a period not less than fifteen days and not exceeding thirty days from the date of offer.
    • The letter of offer can be sent by registered post, speed post, courier, or through electronic mode.
    • If a shareholder does not respond to the Rights Issue offer within a given time, it is implied that he is not interested in the offer and the company can offer the unsold shares to new Investors.

Question 3.
State the provisions related to Bonus Shares.
Answer:

  • Bonus Shares are fully paid shares issued free of cost to the existing equity shareholders.
  • According to Companies Act 2013, every company has to follow certain provisions to issue Bonus Shares.

Following are the provisions related to Bonus Issue-

  • A company can issue Bonus Shares only out of
    • Free reserves or
    • Securities Premium Account
    • Capital Redemption Reserve Account
  • A company cannot issue Bonus Shares only out of Reserves credited by the Revaluation of Assets.
  • It also cannot issue Bonus Shares instead of paying dividend.
  • Once the announcement for Bonus Shares is made by the Board of Directors, it cannot be then withdrawn.
  • Bonus shares are fully paid up shares.
  • Shareholders cannot renounce i.e give away their Bonus Shares to another person.
  • There is no minimum subscription to be collected.

Question 4.
State the general principles/rules for allotment of shares.
Answer:
Every company issuing shares has to follow rules or general principles given by the Companies Act 2013 as follows:

  • Proper Authority: The Board of Directors or the allotment committee set up by the Board has the authority to allot shares.
  • Allotment must be against application only: A Company can allot shares only if it has received a written application for shares from the applicant. Allotment of shares cannot take place on the basis of an oral request.
  • Reasonable time: As per the Act, allotment shall be done within 60 days of receipt of application money. Allotment can be made from the fifth day from the date of issue of prospectus.
  • Absolute and Unconditional allotment: Shares should be allotted on the same terms as stated in the prospectus and application form. No change in terms of allotment or new conditions can be added at the time of allotment.
  • Communication: Company has to inform the applicant that shares have been allotted, to him by sending a letter of allotment or allotment advice. The letter gives details of a number of shares allotted amount of Allotment money to be paid etc.
  • Allotment should not be in Contravention (Violation) of any other laws: A company cannot allot shares by violating or contradicting any other existing laws e.g., shares cannot be allotted to a minor, of a country where a company operates its business.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 5.
State the contents of the Share Certificate.
Answer:
A Share certificate refers to a document which is issued by a company evidencing that a person named in such certificate is the owner of the shares of the company stated in the share certificate.
Share certificate has to be issued under the common seal of the company. It should be issued within 2 months from the date of allotment against the allotment letter.

Contents of Share Certificate:
Share Certificate should be in Form SH – 1 as prescribed under Companies (Share Capital and Debenture) Rules 2014.

  • Name of the company with Registered office address
  • Folio Number
  • Share Certificate Number
  • Name of Member
  • Nature of share number of shares and a distinctive number of shares.
  • Amount paid on shares
  • Common seal, if any, and signature of two directors and company secretary.

Question 6.
What are the effects of forfeiture of shares?
Answer:
If a shareholder, who is called upon to pay any call fails to pay the amount, even after sending many reminders the company may forfeit his shares. Thus forfeiture of shares means cancellation of shares.

Effects of Forfeiture

  • Cessation of Membership: On forfeiture, a member ceases to be a member of a company and loses all membership rights. The member’s name is removed from the Register of Members.
  • Liability of Member: A member is liable for unpaid calls even after forfeiture of shares. The liability ceases only when the company reissues the forfeited shares.
  • Liquidation of Company: If a company goes in for liquidation within one year of forfeiture of shares, the member whose shares have been forfeited is liable to pay the calls as a past member.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 7.
When can the Board of Directors refuse the transfer of shares?
Answer:

  • Board of Directors can refuse transfer of shares as they have authority to refuse registration of transfer of shares.
  • A notice of refusal of transfer is to be sent by the board to a member within 30 days from the date on which the instrument of transfer is received by the company.
  • The board may refuse to register the transfer under following conditions.
    • When the provisions for transfer of shares as given in the Articles of Association are not fulfilled by the member.
    • When the instrument of transfer is not as per the rules prescribed under the Companies Act.
    • When the instrument is not accompanied by the share certificate.
    • When the company has a lien on the shares to be transferred.

Question 8.
Explain Employee Stock Option Scheme.
Answer:
An employee stock option plan is an employee benefits scheme under which the company encourages its employees to acquire ownership in the form of shares. Under this scheme, permanent employees, Directors or Officers of the Company or its holding company or subsidiary company are offered the benefit or right to purchase the equity shares of the company at a future date at a predetermined price. Generally these shares are issued at discount. The shares are offered at a price lesser than their market price.

Following are the provisions related to ESOS:

  • A company may offer the shares directly to the employees or through an Employee Welfare Trust.
  • The shares are offered at a price lesser than their market price.
  • There is a minimum vesting period of one year.
  • Company specifies the lock-in period. It is a minimum of one year between grant of option and vesting.
  • Shares issued under this scheme enjoys dividend or voting rights only after buying by employees.
  • Company has to get the approval of shareholders through a special resolution to issue ESOS.
  • Employee neither transfer his option to any other person nor pledge/mortgage the shares issued under ESOS.
  • Company has to set up a compensation committee to administer ESOS.
  • The company has to fulfil the provision of SEBI (Share Based Employee Benefits) Regulations, 2014.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 9.
What are Calls on shares?
Answer:

  • Whenever a company issues shares, the company may ask its shareholder to pay value of shares in installment which is known as calls on shares.
  • Company can demand part or full amount of balance amount of unpaid shares.
  • Beside the application money and allotment money if a company demands the balance unpaid amount on shares it is called as calls on shares.
  • The unpaid amount on partly paid-up shares is a liability of the shareholders.
  • Calls on shares can be made by the Board of Directors in the interest of the company.
  • To make a call on shares, company has to send a call letter or notice to the shareholders. This notice is drafted by a secretary and issued in the name of the board of directors. The company gives them a minimum of 14 days notice to pay calls money to the Company’s Banker.
  • No call can be made for more than 25% of the nominal value of shares.

Question 10.
Explain private placement method for the issue of shares.
Answer:

  • When a company offers its securities to a select group of persons not exceeding 200, it is called a private placement.
  • In private placement, the company offers its securities only to identified person and not to the general public.
  • Statement in lieu of prospectus should be filed by the company with ROC before making a private placement.
  • The Board of directors selects or identify the persons to be included in the select group. They can be mutual funds, Institutional Investors etc.
  • Company has to issue private placement offer letter along with the application.
  • The shares offered can be fully or partly paid up and the consideration should be paid by cheque, Demand Draft, etc. but not by cash.
  • Right to renunciation is not given to applicants under private placement. The company has to get approval of shareholders through a special resolution.
  • A company can make private placement through a rights issue and preferential allotment.

6. Justify the following statements.

Question 1.
Company has to fulfill certain provisions while making Right Issue.
Answer:

  • When a company wants to issue further capital it can issue shares to its existing equity shareholders which is called Rights Issue.
  • According to the Companies Act 2013 company has to fulfil certain provisions for a making Rights Issue.
  • The provisions are
    • Rights shares are sold to the existing shareholders at a price that is lesser than its market price.
    • A company has to send ‘Letter of offer’ to the existing shareholders at the time of issuing Right Shares.
    • The letter of offer shall mention
      • The number of shares offered.
      • The Period of offer i.e., offer is valid for a period not less than fifteen days and not exceeding thirty days from the date of offer.
    • The letter of offer can be sent by registered post, speed post, courier or through electronic mode.
    • If a shareholder does not respond to the Rights Issue offer within a given time, it is implied that he is not interested in the offer and company can offer the unsold shares to new Investors.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 2.
To issue Bonus shares a company has to fulfil certain provisions.
Answer:

  • Bonus shares are fully paid shares issued free of cost to the existing equity shareholders.
  • According to Companies Act 2013, every company has to follow certain provisions to issue Bonus Shares.

Following are the provisions related to Bonus Issue-

  • A company can issue Bonus shares only out of
    • Free reserves or
    • Securities Premium Account
    • Capital Redemption Reserve Account
  • A company cannot issue Bonus Shares only out of Reserves credited by the Revaluation of Assets.
  • It also cannot issue Bonus Shares instead of paying dividends.
  • Once the announcement for Bonus Shares is made by the Board of Directors, it cannot be then withdrawn.
  • Bonus shares are fully paid up shares.
  • Shareholders cannot renounce i.e., give away their Bonus Shares to another person.
  • There is no minimum subscription to be collected.

Question 3.
ESOS is offered by a company to its permanent employees, Directors, and officers.
Answer:

  • A company can raise funds by offering shares to its existing permanent employees by ESOS Scheme.
  • Under this scheme permanent employees Directors or officers of the company are offered the benefit or right to purchase the equity shares of the company at a future date with a pre-determined price.
  • ESOS is followed by the company to encourage its employees and to give certain benefits to them.
  • Through ESOS, the company can retain its good and talented employees.
  • A company may offer the shares directly to the employees or through an Employee Welfare Trust.
  • It is helpful to the company to generate goodwill in the market also.

Question 4.
The company has to fulfill general principles/rules for allotment of shares.
Answer:
Every company issuing shares has to follow rules or general principles given by the Companies Act, 2013 as follows:

  • Proper Authority: The Board of Directors or the allotment committee set up by the Board has the authority to allot shares.
  • Allotment must be against application only: A Company can allot shares only if it has received a written application for shares from the applicant. Allotment of shares cannot take place on the basis of an oral request.
  • Reasonable time: As per the Act, allotment shall be done within 60 days of receipt of application money. Allotment can be made from the fifth day from the date of issue of prospectus.
  • Absolute and Unconditional allotment: Shares should be allotted on the same terms as stated in the prospectus and application form. No change in terms of allotment or new conditions can be added at the time of allotment.
  • Communication: Company has to inform the applicant that shares have been allotted to him by sending a letter of allotment or allotment advice. The letter gives details of a number of shares allotted, amount of Allotment Money to be paid etc.
  • Allotment should not be in Contravention (Violation) of any other laws: A company cannot allot shares by violating or contradicting any other existing laws e.g., shares cannot be allotted to a minor, of a country where a company operates its business.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 5.
A Company can issue a duplicate share certificate.
Answer:
A Company can issue a duplicate share certificate in the following circumstances:

  • If original share certificate has been defaced, mutilated or tom and is surrendered to the company.
  • If it has been proved by the holder that the original share certificate is lost or destroyed.
  • In case of loss of share certificate, the company puts up a notice in the newspaper to announce the loss of the share certificate.
  • If the company does not get any response from the public within the specified time, then the company issues a duplicate share certificate.
  • Duplicate share certificate should be issued within three months from the date of application.
  • Duplicate share certificate should be issued within 3 months from the date of application with bold ‘duplicate share certificate’ marked on it.

Question 6.
Board of directors has the authority to forfeit shares.
Answer:

  • Forfeiture of shares is a process where the company forfeits the shares of a member or shareholder who fails to pay a call on shares. The forfeiture of a share is a forceful activity performed by a company due to non-payment of calls by shareholders.
  • Only the Board of directors can forfeit the shares if the process of forfeiture is authorised by the Articles of Association.
  • Board of directors can forfeit shares only in the interest of the company.
  • A 14 days of notice should be sent to a concerned member.
  • Thus Board of directors can make forfeiture of shares.

Question 7.
A member of a public company can transfer shares.
Answer:

  • Transfer of shares means voluntary transfer of shares by a member of a company to another person against consideration.
  • In the case of public companies, shares are freely transferable subject to provisions of the Articles of Association.
  • A member has to apply to the company for the transfer of shares by filling the ‘Instrument of Transfer’.
  • Member who is transferring the shares is called as Transferor and to whom shares are transferred is called Transferee.
  • Transfer is said to be completed only when the transfer is registered in the Register of Members.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Question 8.
The Board of Directors can refuse the transfer of shares.
Answer:

  • Board of Directors can refuse transfer of shares as they have authority to refuse registration of transfer of shares.
  • A notice of refusal of transfer is to be sent by the board to a member within 30 days from the date on which the instrument of transfer is received by the company.
  • The board may refuse to register the transfer under the following conditions.
    • When the provisions for transfer of shares as given in the Articles of Association is not fulfilled by the member.
    • When the instrument of transfer is not as per the rules prescribed under the Companies Act.
    • When the instrument is not accompanied by the share certificate.
    • When the company has a lien on the shares to be transferred.

7. Answer the following questions.

Question 1.
Explain the classification of Share Capital.
OR
Explain types of Share Capital.
Answer:
Share capital is the capital that is built up by the company by issuing shares in the market. Share capital consist of capital that is made up of Equity shares and Preference shares.
Share capital can be classified as-
Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares 7 Q1

(i) Authorised or Nominal or Registered Capital

  • The Authorized capital is the maximum amount of capital that a company can raise through the issue of shares to the shareholders.
  • The Authorized capital of a company is also called as the Registered capital or Nominal Capital.
  • Authorized capital is the maximum capital that is authorized by the company’s Memorandum of Association.
  • The Authorized capital is mentioned in the Memorandum of Association of the company under the heading ‘capital clause’ and the company pays stamp duty on this amount at the time of incorporation.
  • Authorized capital is also called as ‘Nominal Capital’ as usually a company never issues the entire Authorized Capital.
  • A company can increase its Authorized Capital by altering its Memorandum of Association.
  • The maximum limit of authorized capital is registered with the registrar of the companies.
  • Example of Authorized Capital: XYZ Ltd. Company has an authorized capital of ₹ 10,00,000, then it can issue shares worth up to ₹ 10,00,000 to its shareholders and cannot issue anything beyond it.

(ii) Issued and Unissued capital:

  • Issued capital is that portion of authorized shares capital that had been raised by issuing shares to the general public.
  • These are the shares that the company offers to prospective investors for a subscription.
  • The issued capital of a company may be equal to or less than the Authorized Capital of incorporation.
  • The balance part of Authorized Capital which is not offered to the public for subscription is called ‘unissued capital’.
  • Unissued capital is that capital which a Company is authorized to issue but has not issued as shares.
  • Unissued capital is the balance part of Authorised capital which is not offered to the public.
  • Example of Issued and Unissued Capital: XYZ Ltd Company can have issued Capital of ₹ 4,00,000 divided into 40,000
  • Equity Shares at Face Value of ₹ 10/- each and the Unissued Capital 6,00,000 divided into 60,000 equity shares of ₹ 10/- each.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

(iii) Subscribed and Unsubscribed Capital:

  • Subscribed share capital is that part of issued share capital for which a company has positively received a subscription from the investor.
  • It is a part of Issued Capital that has been subscribed by investors or purchased by the general public.
  • The subscribed capital may be equal to or less than the issued capital.
  • The part of the Issued Capital which is not subscribed by the investors is called as ‘Unsubscribed Capital’.
  • Example of Issued and Unissued capital: If XYZ Ltd company has issued capital ₹ 4,00,000 i.e., it has issued 40,000 equity shares of ₹ 10 each and company has received subscription for 30,000 shares i.e., for 30,000 equity shares of ₹ 10/- each then its subscribed capital is ₹ 3,00,000 and unsubscribed capital will be ₹ 1,00,000 divided into 10,000 Equity shares of ₹ 10/- each.

(iv) Called up and Uncalled capital and Reserve capital:

  • Called up share capital is that part of share capital that has been called by the company for payment from shareholders.
  • The company collects the full value of shares in installments and each installment is called a ‘call’.
  • Uncalled Capital is that part of subscribed capital that is not demanded from the shareholders.
  • A company can decide to keep aside a part of its uncalled capital to be called up only at the time of winding up of a company to meet its financial requirements. Which is called a Reserve Capital.

Example of call up, uncalled and Reserve Capital.
If XYZ Ltd company is to subscribed capital is ₹ 3,00,000 i.e., 30,000 equity shares of face value of ₹ 10/- each. Out of which company made first call of ₹ 5/- per share, so company called up capital will be ₹ 1,50,000 (30,000 Equity shares × ₹ 5/- each = ₹ 1,50,000)

If the company decides to keep ₹ 1/- per share as capital to be collected at the time of the winding-up, the Reserve Capital will be 30,000 (30,000 equity shares of ₹ 10 each.)
Uncalled Capital will be ₹ 1,20,000 (30,000 equity shares were 4 per share which will be called up in the future.)

(v) Paid-up capital and calls in Arrears:

  • Paid-up capital is the amount of money a company has received from shareholders in exchange for shares.
  • It is the total amount of money paid up by the shareholders when the company has called up or demanded them to pay.
  • The paid-up capital can be equal to or less than the authorized capital.
  • Unpaid capital means any uncalled or unpaid share capital. The amount not paid to shareholders is also called as calls in Arrears.
  • Every shareholder has to pay calls as and when the company demands, failure to pay the calls may lead to future forfeiture of shares (cancellation of shares).

Example of paid up capital and calls in Arrears.
‘XYZ’ Ltd Company has made a call of ₹ 5/- per share on 30,000 equity shares, so if all the shareholder have paid the calls, then paid-up capital will be ₹ 1,50,000 (30,000 equity shares of ₹ 5/- per share). But if 10,000 Equity Shareholders have not paid calls then the paid-up capital will be ₹ 1,00,000 (20,000 Equity Shares × ₹ 5/- per share) and calls in Arrears will be ₹ 50,000 (10,000 Equity Shares × ₹ 5/- per share).

Question 2.
What are the methods of issue of shares to the public through public offer?
Answer:
Issue of shares is the process in which companies offer new shares to shareholders. The company follows different methods prescribed by the Companies Act 2013 while issuing the shares. There are two methods of issue of shares to the public through public offer, they are – Public issue or Public offer of shares.

A public offering is the sale of equity shares to the public in order to raise capital. This is the most popular and common method used by companies. The company invites the public to subscribe to its shares by issuing prospects. A company can use two pricing methods to offer shares to the public.

(i) Fixed Price Issue method:

  • In an initial public offering (IPO), if the shares are offered at a fixed price such issue is known as Fixed Price issue.
  • In this method, company mentions the Quantity and the price at which shares are offered.
  • Investors can pay a certain portion of face value of shares or the entire issue price along with the application.
  • Company issues shares at par. E.g., shares having a face value of ₹ 100 and is issued as ₹ 100, at premium e.g., a share having a face value of 100 and is issued at ₹ 150, or at discount e.g., face value is ₹ 100 and the insured price is ₹ 80/-.
  • Fixed price method is used for all types of issues i.e. Public issue, Right issue, Esos etc.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

(ii) Book Building Method:

  • The method of offering shares by providing a price range is called the book building method.
  • In the book building method shares will be sold by the bidding process.
  • The company issues a Red Herring Prospectus which contains a price range or price band and asks the investor to bid on it.
  • In this method the company doesn’t fix up a particular price for the share but gives a price range e.g., ₹ 80 to 100.
  • When bidding for the shares, investors have to decide at which price they would like to bid for the shares e.g., ₹ 80, ₹ 90, ₹ 100.
  • The lower price band (₹ 80) is known as the floor price and the highest price band (₹ 100) is known as cap price. The final price at which shares are offered to investors is called cut off price.
  • Based on the demand and supply of the shares, the final price is fixed.
  • Investors can bid on any number of shares that they are willing to buy at given price band. Such bidding is kept open for 5 days.
  • The bids with application money is to be submitted to the Lead Merchant Bankers called ‘Book Runners’ who enter the bids in a book.
  • After bidding, the company fixes cut off the price at which shares on offer can be sold.
  • Company issues a prospectus which contains the final price.
  • Book Building method is used for public issues i.e. IPO and FPO.

Further public offer:
It is also called a follow on public offer. When the company issue shares to the public after IPO, it is called a a further public offer. Thus every issue of shares by a listed company after its IPO is called as FPO. FPO leads to an increase in the subscribed capital of the company.

Question 3.
Explain briefly the different types of shares offered by a company to its existing equity shareholders.
Answer:
The company issues equity shares in the market. The equity shareholders are the real owner of the company.
A company can raise funds by offering shares to its existing equity shareholders as follows.
Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares 7 Q3

(i) Right Issue:
A right issue is an invitation to existing shareholders to purchase additional new shares in the company. A right issue is a way by which a listed company can raise additional capital. Instead of going for the public issue of shares, the company gives its existing shareholders, the right to subscribe to newly issued shares in proportion to their existing equity shareholding.

Whenever a company makes the further issue of shares the existing equity shareholders have preemptive rights means the first option to buy shares.

Company making rights issue has to fulfil the following provision:

  • Rights shares are sold to the existing shareholders at a price that is lesser than its market price.
  • A company has to send a ‘Letter of offer’ to the existing shareholders at the time of issuing Rights Shares.
  • The letter of offer shall mention
  • The number of shares offered.
  • The period of offer i.e., offer is valid for a period not less than fifteen days and not exceeding thirty days from the date of the offer.
  • The letter of offer can be sent by registered post, speed post, courier or through electronic mode.
  • If a shareholder does not respond to the Rights Issue offer within a given time, it is implied that he is not interested in the offer and company can offer the unsold shares to new Investors.

(ii) Bonus Issue/Bonus Shares:
Bonus Shares are shares distributed by a company to its current shareholders as fully paid shares free of charge. The Bonus shares are given to the existing equity shareholders according to their existing proportion of equity shareholdings.

Like for example, a company declaring one for two bonus share proportion means that an existing shareholder would get one bonus share of the company for every two shares held. Financially sound companies issue Bonus shares out of their accumulated distributable profits or reserves. Hence as the profits or reserves are capitalized, it is called “Capitalisation of Profits or Reserves.”

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

Following are the provisions related to Bonus Issue-

  • A company can issue Bonus shares only out of
  • Free reserves or
  • Securities Premium Account
  • Capital Redemption Reserve Account
  • A company cannot issue bonus shares only out of Reserves Credited by the Revaluation of Assets.
  • It also cannot issue Bonus Shares instead of paying dividends.
  • Once the announcement for Bonus shares is made by the Board of Directors, it cannot be then withdrawn.
  • Bonus shares are fully paid up shares.
  • Shareholders cannot renounce i.e, give away their Bonus Shares to another person.
  • There is no minimum subscription to be collected.

Question 4.
Explain the statutory provisions for the allotment of shares.
Answer:

  • The allotment of shares is the issuing of new shares to an applicant based on the application submitted or to the existing shareholders.
  • Every company has to fulfill the provisions of the Companies Act for making allotment of shares.
  • The provisions which are laid down by the Companies Act, 2013 are called statutory provisions.

(i) Registration of Prospectus:

  • A copy of the prospectus must be filed with the Registrar of Companies for registration on or before the date of its publication.
  • In the case of the newly formed company, a prospectus must be signed by every proposed director or director or his duly authorized advocate. The copy of the prospectus is drafted by the secretary of the company with the permission of the board of directors.

(ii) Application Money:

  • The applicant has to pay a minimum of 5% of nominal amount of the shares along with the application form.
  • For public limited companies SEBI has specified that application money should be minimum of 25% of the nominal amount of shares.
  • The application money is to be paid in the Bank specified by the company.

(iii) Minimum Subscription:

  • Minimum Subscription is the amount which is mentioned in the prospectus. It is the minimum amount of shares which should be bought by the subscribers.
  • According to SEBI minimum subscription should be 90% of the issue.
  • In case the minimum subscription is not collected within the specified time, the company has to return the entire amount of application money to the subscribers.

(iv) Closing of Subscription list:

  • According to SEBI a company has to keep open its subscription list for at least three working days and not more than ten working days.
  • Applicants can apply for shares only when the subscription list is open.

(v) Basic of allotment:

  • Allotment of shares will be decided on the basis of each category of subscribers.
  • Allotment of shares will be as per the minimum application size which is fixed by the company.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

(vi) Over Subscription:

  • Oversubscription refers to a situation in which a company receives more application of shares than the number of shares offered.
  • SEBI does not allow any allotment which is in excess of the offer given by the company through a document or prospectus.
  • SEBI may permit to allot the shares not more than 10% of the net offer.

(vii) Permission to deal on Stock Exchanges:

  • Every company, before making a public offer shall apply to one or more recognized Stock Exchanges to take permission for listing its shares with them
  • The prospectus must mention the name of the stock exchange in which the company is listed.
  • The prospectus should also state the fact that an application for permission to list in that stock exchange has been made by the company.

(viii) Appointment of Managers to the issue and various other agencies.

  • The company has to appoint one or more Merchant Bankers to act as managers to the public issue.
  • The company has to appoint Registrar to the issue (institutions that keeps the records of the issue), collecting bankers and underwriters to the issue as well as brokers to the issue.
  • The company has to also appoint self-certified syndicate banks (banks certified by SEBI which offers ASBA facility to investors), which are certified by SEBI, advertising agents, etc.

Question 5.
Explain briefly the procedure for allotment of shares.
Answer:
Allotment of Shares:

  • Allotment means distribution of shares among the applicants. It means giving shares to share applicants or to specific persons with whom the company has entered into contract.
  • Allotment of shares is a procedure in which shares are distributed to those applicants who have submitted a written application along with the application money. If company allots shares alter fulfilling all statutory and general provisions of Companies Act, 2013 such allotment is called as “Regular Allotment”.

Procedure for Allotment of Shares
(i) Appointment of Allotment Committee

  • When the subscription list is closed the secretary informs the Board of Directors to make preparations for allotment of shares.
  • If the issue is par subscribed or under subscribed, the Board can do the allotment of shares.
  • In case of over subscription the board has to appoint and Allotment Committee to undertake the work of Allotment.
  • The Allotment Committees decides the basis of allotment and submits a report to the Board.

(ii) Hold Board Meeting to Decide Basis of Allotment

  • Board meeting is held to approve the allotment formula suggested by the Allotment Committee.
  • A representative of SEBI should be present when the allotment committee prepares the allotment formula.
  • After approval of the allotment formula, an allotment list is made.
  • If the shares are listed, then the company should take the permission of the concerned stock exchange.
  • The allotment list contains the names of allotters. Which should be signed by the chairman and secretary.

(iii) Pass Board Resolution for allotment:

  • A resolution is passed to allot shares in board meeting.
  • Secretary sends ‘Letter of Allotment’ to allotters those applicant whom shares are allotted.
  • Secretary has to send a ‘Letter of Regret’ to those applicants to whom no shares have been issued.
  • Along with the letter of Regret the application money is also refunded.
  • The company that issues shares in electronic form informs respective Depository (NSDL or CDSL) about allotment of shares.
  • It also provides details of applicants whom shares are allotted, number of shares allotted, etc.

Maharashtra Board Class 12 Secretarial Practice Solutions Chapter 3 Issue of Shares

(iv) Collection of Allotment Money:

  • The letter of allotment states the money to be paid by the applicant on the allotment of shares.
  • The money has to be paid in the Bank specified by the company within the stipulated time.
  • For all public issues and rights issues ASBA is compulsory since January 2016.

(v) Arrangement Relating to Letters of Renunciation:

  • An applicant who has been allotted shares can renounce the shares in favor of another person.
  • The applicant has to fill up a form for renunciation to the company with the original copy of the letter of allotment.
  • After the permission of the board, the secretary enters the detail of the new person in the application and allotment list.

(vi) Arrangement Relating to Splitting of Allotment letters:

  • An applicant who has been allotted shares can request for the splitting of allotment shares.
  • After getting the approval of the Board for the splitting. Secretary enters the details of the split in the list of split allotment for which secretary has to ensure spilled letter.

(vii) File Return of Allotment:

  • Secretary has to file a “Return of Allotment’ with the Registrar of Companies within 30 days of allotment of shares.
  • The return of allotment contains details of allotment of shares which includes the names and addresses of allotters, the value of shares allotted amount paid or payable on each share, etc.

(viii) Prepare Register of Members and Issue of Share Certificate

  • Secretary has to enter the names of all those applicants who have paid the allotment money in the Register of Members.
  • Secretary also has to prepare the share certificates and distributes them to all the members within two months from the date of allotment of shares.