119. In connection with share certificates, discuss the liability of a company by estoppel (a) as to title, and (b) as to payment. 120. Is a company liable in the case of a forged transfer? Give the main provisions of the Forged Transfers Acts. 121. What are Share Warrants? When a warrant is issued, what results accrue as compared with the issue of a share certificate? 122. State the several uses of the term Capital. What is Reserve Capital? 123. Discuss the various types of (a) Preference Shares, (b) Ordinary Shares, and (c) Deferred Shares. 124. Has a company power to borrow money? What is a Debenture? 125. Discuss the characteristics of a Floating Charge. In what circumstances can a floating charge crystallise ? 126. How and by whom are Directors appointed? 127. Name the various kinds of Meetings a company holds. What business is capable of being transacted at each? 128. State the various kinds of Resolutions of a company, and say for what particular business each is required. 129. State fully the rights and duties of an Auditor to a company. 130. What special advantages accrue to a Private Company? 131. State the various ways in which a company may cease to exist. CHAPTER 14.-LAW OF BANKRUPTCY. 132. What procedure is necessary for making a person bankrupt? Can a debtor present a bankruptcy petition against himself? 133. What acts of bankruptcy are set out in the Bankruptcy Act, 1914, as forming grounds for the presentation of a petition? 134. Under what conditions may a petition be presented by a creditor? 135. What is a Receiving Order, and what are its effects? 136. Who is the Official Receiver, and what are his duties? 137. Explain fully the doctrine of relation back. 138. What are the rules as to proxies at meetings of creditors? 139. Under what circumstances will a debtor be adjudged bankrupt? What is the effect of the adjudication? 140. What are the powers and duties of the Trustee in Bankruptcy? 141. Discuss Committee of Inspection. Has the Committee any duties in connection with the Trustee's accounts ? 142. Of what does Divisible Property consist? Enumerate the property which is not divisible. What is after acquired property," and how can it be dealt with? 143. Discuss the doctrine of Reputed Ownership. If a bankrupt held property under an absolute Bill of Sale, how would the doctrine be affected ? 144. What do you understand by Protected transactions? Name any transactions which may be protected under the provisions of the Acts. 145. Discuss Fraudulent Preference. If County Court proceedings were threatened against a debtor, who then paid the full debt, would this be considered a fraudulent preference ? 146. What is a Secured Creditor, and what courses are open to him? What is the position of a creditor for rent? 147. What debts are provable in bankruptcy, and what debts cannot be expunged by bankruptcy proceedings? 148. What classes of creditors constitute deferred creditors? 149. Compare the winding-up of a Limited Liability Company on insolvency with the bankruptcy of a private firm or person. CHAPTER 15.-ARBITRATION AND AWARDS. 150. Define Arbitration. Is this a legal process? Can it be made binding between the parties by previous agreement? 151. How are arbitrations instituted? 152. Discuss the term The Submission, and state whether it is essential that it should be in writing. 153. In what cases has the Court power to appoint an Arbitrator ? 154. What are the powers and duties of (a) an Arbitrator and (b) an Umpire ? 155. What is The Award, and what are its requisites? 156. Can an arbitrator award a dissolution of partnership? Give an example. 157. On what grounds may an Award be set aside? How may it be enforced? |