Business Studies, asked by TbiaSamishta, 11 months ago

The Articles of Association of XYZ Ltd. provides that Board of Directors has authorityto issue bonds provided such issue is authorized by the shareholders by a necessaryresolution in the general meeting of the company. The company was in dire need of funds and therefore, it issued the bonds to Mr. X without passing any such resolutionin general meeting. Can Mr. X recover the money from the company? Decide referringthe relevant provisions of the Companies Act, 2013.

Answers

Answered by babushall
7
0yes x can recover the amount as outsiders are not expected to know the internal irregularities of the company which is an exception to doctrine of constructive notice.



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Answered by Sidyandex
8

According to Companies ACT 2013 the person is liable to get the money.

As per the Act it is a punishable offence.  

The shareholder can sue the directors for contravention of the act.

According to section 27,28,86 company has to pay fine of 25000 which may extend up to 5 lakhs and all the director will be held as defaults for the loss and are liable for imprisonment for the same.

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