Analysis Sheet SBEC'23

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SBEC ANALYSIS SHEET JUNE’2023

MY
ANALYSIS

Chapter 1
Choice of Business Organization

Previous Year – 5 Marks


Already Asked-
C a. Various Forms of organization and its merits and demerits
S Anticipation – 0 to 4 marks
Type – Direct
E
X Important:
E 1. Factors affecting choice of business:
C a. Capital Requirement.
U b. Scale of operation
T c. Nature of business activity
I d. Degree of control
V e. Cost, procedure and Government Regulations
E

YES ACADEMY | ADV. CHIRAG CHOTRANI 1.1


MY
ANALYSIS

Chapter 2
Types of Company

Previous Year – 4 Marks


Already Asked-
C a. Small Company
S Anticipation – 0 to 4 marks
Type – Direct/ Case Base
E
X Important:
E a. Foreign company
C b. Features of Spice +
U c. Incorporation process
T d. Nidhi companies – complete
I e. Branch office & its permitted activities.
V f. Investments by Producer Company
E

1.2 YES ACADEMY | ADV. CHIRAG CHOTRANI


MY
ANALYSIS

Chapter 3
Charter Documents of Company

Charter Documents of a company


Previous Year – 4 Marks
C Already Asked-
S a. Object Clause – ultra vires act
Anticipation – 0 to 4 marks
E Type – Direct/ Case Base
X
E Important:
C a) Similarity in name with case laws.
U b) Powers which are not implied.
T c) Indoor management with exceptions.
I d) Doctrine of constructive notice
V e) Doctrine of Alter Ego
E f) Entrenchment Provision

YES ACADEMY | ADV. CHIRAG CHOTRANI 1.3


MY
ANALYSIS

Chapter 3B
Alteration of Charter Documents

Previous Year – 0 Marks


Already Asked-
C Anticipation – 0 to 4 marks
S Type – Direct/ Case Base

E Important:
X a. Alteration of name clause
E b. Procedure for alteration of Registered office and Object clause of the
C company
U c. Procedure to alter AOA
T d. Read all the drafts given in the end in the module
I
V
E

1.4 YES ACADEMY | ADV. CHIRAG CHOTRANI


MY
ANALYSIS

Chapter 4
Legal Status of Registered Company

Alteration of Charter Documents


Previous Year – 0 Marks
C Already Asked-
S Anticipation – 0 to 4 marks
Type – Direct/ Case Base
E
X Important:
E a. Small company
C b. Holding and subsidiary
U c. Exemptions of government company
T
I
V
E

YES ACADEMY | ADV. CHIRAG CHOTRANI 1.5


MY
ANALYSIS

Chapter 5
Formation of LLP

Formation of LLP
Previous Year – 0 Marks
C Already Asked-
S Anticipation – 0 to 4 marks
Type – Direct/ Case Base
E
X Important:
E a. Procedure for incorporation of LLP
C b. Alteration to LLP agreement.
U c. Shifting of RO
T d. Annual companies/Event Based Compliances
I
V
E

1.6 YES ACADEMY | ADV. CHIRAG CHOTRANI


MY
ANALYSIS

Chapter 6
Different Forms of Business Organisation

Previous Year – 5 Marks


Already Asked-
C a. OPC and provision relating to nominee
S Anticipation – 0 to 4 marks
Type – Direct/ Case Base
E
X Important:
E a) Minor as a partner
C b) Rights which are not allowed to an unregistered firm
U c) Formation of HUF (Just read it, case base question may come)
T d) Multi state corporative society and documents required to start MSCS
I
V
E

YES ACADEMY | ADV. CHIRAG CHOTRANI 1.7


MY
ANALYSIS

Chapter 7
Formation and Registration of NGOs

Previous Year – 5 Marks


Already Asked-
C a. Different between Private Trust vs Public Trust
S b. Cancellation of License of a section 8 Company
Anticipation – 0 to 4 marks
E Type – Direct/ Case Base
X
E Important:
C a. Exemptions available to Section 8 Company
U b. Tax exemption to public & private trust
T c. Purpose of forming a society and its advantages
I d. Formation of a trust
V e. Who all can form a Trust
E f. Steps to register a society

1.8 YES ACADEMY | ADV. CHIRAG CHOTRANI


MY
ANALYSIS

Chapter 8
Financial Services Organization

Previous Year – 8 Marks


Anticipation – 4 to 6 Marks
C Type – Direct/Case Base
S
Already Asked:
E a. Difference between banks and NBFCs
X b. Registration of HFCs
E
C Important:
U a. Different type of NBFCs and its registration
T b. Functions of ARC and its Registration Process
I c. Incorporation of MFI
V d. Payments Bank
E e. Benefits for incorporating ARCs

YES ACADEMY | ADV. CHIRAG CHOTRANI 1.9


MY
ANALYSIS

Chapter 9
Start Up and its Registration

Previous Year – 13 Marks


Anticipation – 4 to 8 Years
C Type – Direct/Case Base
S
Already Asked:
E a. Sweat Equity Shares by Start up (Related to Company Law)
X b. Nidhi Companies Limitations (Related to Chapter 2)
E c. Define Unicorn Start up
C
U Important:
T a. Eligibility of being startup
I b. Important points for startup
V c. Funding procedure of VC/PE
E d. Important things while raising money in series A round
e. Unconventional mode of financing
f. Lifecycle of Startup
g. Benefits/Exemptions given to start ups
h. MUDRA Banks

1.10 YES ACADEMY | ADV. CHIRAG CHOTRANI 1.10


MY
ANALYSIS

Chapter 10
Business Collaborations

Previous Year - 0 Marks


Anticipation – 5 Marks
C Type- Direct or Case Base
S Already Asked:

E Important:
X a. Types of Business Collaboration
E b. Advantages of joint venture (5 to 6)
C c. Strategies for entering into JV
U d. Contractual JVs vs Equity JV
T e. Benefits of LLP as SPV
I f. Document of JV
V g. Purpose of SPV
E

1.11 YES ACADEMY | ADV. CHIRAG CHOTRANI 1.11


MY
ANALYSIS

Chapter 11
Setting up of Business outside India

Previous Year – 0 Marks


Anticipation – 0 to 3 Marks
C Type – Direct
S Already Asked

E Important:
X a) Automatic route
E b) Method of funding outside India
C c) Proposal which require Prior approval of RBI
U d) Issues in choosing location outside India
T
I Note: I have made you write a common answer on ‘recent initiatives’ for
V any country, that is important.
E

1.12 YES ACADEMY | ADV. CHIRAG CHOTRANI


MY
ANALYSIS

Chapter 12
Conversion of Business Entities

Previous Year - 0 Marks


Anticipation – 0 to 4 Marks
C Type – Direct
S Already Asked:

E Important:
X a) Private to OPC
E b) Conversion of section 8 company
C c) Conversion into LLP to company
U d) Unlimited to limited company conversion.
T e) Conversion of OPC to Private Company
I
V
E

YES ACADEMY | ADV. CHIRAG CHOTRANI 1.13


MY
ANALYSIS

Part B
Chapter 13
Various Initial registrations and Licenses

Previous Year – 18 Marks


C Anticipation – 10 to 12 Marks
S Type – Direct/Case Base
Already Asked:
E
X a. Compulsory Registration under GST
E b. PAN Requirement
C c. FSSAI License
U d. Udhyog Aadhar Memorandum (May Repeat)
T e. Cancellation of License by RBI
I
V Important:
E a. Registration of insurance company & when it may be suspended.
b. Requirements of industrial license based on categories of industry.
c. Agile pro
d. FSSAI registration
e. NSIC registration and its benefits
f. All IPR registrations
g. Benefits of SSI/MSME Registration
h. FCRA Registration
i. IEM
j. Minimum Requirement for drug license
k. Compulsory Licensing under Industrial Policy, 2015

1.14 YES ACADEMY | ADV. CHIRAG CHOTRANI


MY
ANALYSIS

Chapter 14
Maintenance of Register & Records

Previous Year – 11 Marks


Anticipation – 0 to 3 marks
C Type – Direct
S
Already Asked:
E a. Provisions regarding attestation of Annual Returns (Company Law
X related question)
E b. Place of keeping Statutory Registers
C c. Cash Records
U
T Important
I a) Various financial records required to be maintained by enterprises.
V b) Purpose of following registers/List out any 5 statutory registers MGT
E 1 /SH 3/CHG7/MBP4/SH6/SH10
c) Penalties for failure to maintain statutory register
d) Income/Expense and purchase/Bank Records

YES ACADEMY | ADV. CHIRAG CHOTRANI 1.15


MY
ANALYSIS

Chapter 15
Identifying Laws applicable

Previous Year – 4 Marks


Anticipation – 4 to 6 Marks
C Type – Direct
S
Already Asked
E a. Registration under Shops and Establishment Act (May repeat)
X
E Important
C a. The contract labor (regulation & abolition) Act 1970
U b. Building & construction worker Act,1996
T c. The Mines Act, 1952
I d. Labour welfare fund for social assistance
V e. Applicability of Building and other construction workers Act, 1996
E f. Applicability of Motor Transport Act
g. Applicability of Plantation Labour Act

Note: This looks a lot but I have mostly mentioned the applicability of
various Acts

1.16 YES ACADEMY | ADV. CHIRAG CHOTRANI


MY
ANALYSIS

Chapter 16
IPR

Previous Year – 0 Marks


Anticipation – 4 to 6 Marks
C Type – Direct
S Already Asked

E Important:
X a. Salient features of design Act
E b. Difference between Geographical Indications & trade mark.
C c. Infringement of copyright & penalty.
U d. Types of trademarks
T e. Features of geographical indications
I f. Classes of work where copyright is available
V g. What is not patentable.
E h. Exception to the use of Copyright

YES ACADEMY | ADV. CHIRAG CHOTRANI 1.17


MY
ANALYSIS

Chapter 17
Labor Laws

Previous Year – 6 Marks


Anticipation – 8 to 10 Marks
C Type – Case Base/Direct
S
Already Asked
E a. Objective of various Labor Laws (Subjective question, you were required
X to write about any 3-4 labor legislations and their objective)
E b. Permissible Deductions from wages under the Payment of Wages Act
C Note – Don’t Miss out:
U a. Factories Act
T b. Industrial Dispute Act
I c. Rights of person with Disabilities Act, 2016
V d. Prevention of Sexual Harassment Act
E
Important
a. Notice by occupier
b. Any 5 measures under Health (Chapter 3) (Cleanliness/Artificial
Humidification/Lighting/Latrines/spittoons)
c. Precaution relating portable electric light and safety officer (Read any
2-3 more safety measures)
d. Welfare – (Sitting/First aid/canteen/shelter and lunchroom/creches/
welfare officer)
e. Procedure for fixing minimum wages
f. Wage ceiling limit under payment of wages/Time of payment of wages
g. Permissible deductions under payment of wages
h. What are the benefits under employee state insurance act
i. EI Court

1.18 YES ACADEMY | ADV. CHIRAG CHOTRANI


j. Time limit for payment of bonus under Payment of Bonus act and
who are ineligible
k. When is gratuity payable and maximum amount of gratuity
l. Maximum amount of Compensation and penalty under Employee
Compensation Act, 1923
m. Voluntary Reference to disputes to arbitration under Industrial
Dispute Act
n. Strikes and lockouts under IDA
o. Prohibition of employment of children in any occupation
p. What amounts to sexual Harassment
q. Constitution of ICC Till end of chapter

Note: This chapter should come up with 2-3 Questions, do it nicely

YES ACADEMY | ADV. CHIRAG CHOTRANI 1.19


MY
ANALYSIS

Chapter 18
Environmental Laws

Previous Year – 8 Marks


Anticipation – 3 to 6 Marks
C Type – Direct/case Base
S
Already Asked –
E a. Pollution Index and categorization of Industries
X b. Checklist for Air Emission/waste management (this was a subjective
E question which was about just preparing a checklist as to what all should
C be checked)
U
T Important
I a. Responsibilities under the Air Act (Same is under the Water Act)
V b. What are one necessitated to comply with under the Environment
E Protection Act
c. Public Liability Insurance Act, 1991
d. NGT complete

1.20 YES ACADEMY | ADV. CHIRAG CHOTRANI


MY
ANALYSIS

Part C
Chapter 19
Dormant Company

Previous Year – 3 Marks


C
S Already Asked-
a. Various Compliances by a Dormant Company
E
X Anticipation – 3 to 6 marks
E Type – case base.
C
U Important
T a. Significant accounting transaction.
I b. Procedure to obtain status of dormant company and Active Company
V c. Pre-requisites to obtain the status of Dormant Company
E d. Exemption to a dormant company.

YES ACADEMY | ADV. CHIRAG CHOTRANI 1.21


MY
ANALYSIS

Chapter 20
Striking Off

Previous year – 5 Marks


Anticipation – 5 to 10 Marks
C Type – Direct/case base
S
Already Asked
E a. List of companies which cannot be struck off
X
E Important:
C a. Situations where a company cannot apply for Striking off
U b. Procedure for Suo Moto Strike off of company and LLP (All case Laws)
T c. Procedure to apply for striking off by application to ROC.
I d. Application to NCLT for restoration of the name of company + case
V study Mahabharat Builders.
E e. Restoration of name of LLP (My Answer)

1.22 YES ACADEMY | ADV. CHIRAG CHOTRANI


MY
ANALYSIS

Chapter 21
IBC

Previous Year – 16 Marks


Anticipation – 12 to 16 Marks
C Type – Direct/case base
S
Previous Year
E a. Workman’s right in case of winding up
X b. Can a solvent company file for winding up (Voluntary winding Up)
E c. CIRP
C d. Threshold of CIRP
U e. Waterfall Arrangement
T
I Important
V a. Financial Creditor and Financial Debt
E b. Section 7 and 9 Initiation of CIRP
c. Moratorium
d. Committee of Creditors
e. Liquidation Process
f. Procedure of Voluntary liquidation
g. Who can be appointed as RP
h. Time limit for public announcement/Issuance of public notice/Expenses
for the same
i. Winding up by tribunal and companies which can wind up by making an
application to CG
j. PPIRP
k. Difference Between Dissolution and winding up

YES ACADEMY | ADV. CHIRAG CHOTRANI 1.23

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