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Company Law Question Paper

Company Law

Course:Bachelors Of Law

Institution: Jomo Kenyatta University Of Agriculture And Technology question papers

Exam Year:2012

JOMO KENYATTA UNIVERSITY OF AGRICULTURE AND TECHNOLOGY
UNIVERSITY EXAMINATIONS 2012/ 2013
FOURTH YEAR FIRST SEMESTER EXAMINATION FOR THE DEGREE OF BACHELOR OF COMMERCE
HBC 2201: COMPANY LAW
DATE: DECEMBER 2012
TIME: 2 HOURS
INSTRUCTION: ANSWER QUESTION ONE AND ANY OTHER THREE QUESTIONS

QUESTION ONE
(a) From a functional perspective, discuss the various types of companies that one may form. (6marks)
(b) Explain the legal distinction between a public company and private company as envisaged under section 30 of the Companies Act (Cap.486 Laws of Kenya) (6marks)
(c) Explain the difference between the following types of companies
(i) Company limited by shares
(ii) Company limited by guarantee (3marks)
(d) Highlight any five advantages of incorporation as was established in the case of Salomon Vs Salomon &Co. ltd (1897)AC 22 (10 marks)

QUESTION TWO
Describe the procedure for incorporation of a company under the companies (15 marks)

QUESTION THREE
Explain the meaning of the following concepts under company law;
(i) Ultra vires
(ii) Doctrine of disclosure
(iii) Doctrine of constructive notice
(iv) Rule in Turquand’s case
(v) Estoppel

QUESTION FOUR
(a) Discuss the meaning of the following types of shares that may b available in a company
(i) Preference shares
(ii) Redeemable preference shares
(iii) Ordinary shares
(iv) Deferred share (5marks)
(b) Highlight the categories of persons who may convene meetings in a company noting to explain the circumstances under which they may convene such meetings. (10 marks)

QUESTION FIVE
Describe how the meetings of the board of directors of company ought to be conducted. (15 marks)

Company Law Question Paper

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