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MCQs · Q8

Q.Under Section 10A of the Companies Act, 2013, a company having a share capital cannot commence business or exercise borrowing powers until:
(A) It completes its first Annual General Meeting
(B) A director files a declaration confirming subscribers have paid for their shares and registered-office verification is filed, within 180 days of incorporation
(C) The company earns its first year's profit
(D) The company appoints its statutory auditor

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Section 10A requires a share-capital company (incorporated after this provision took effect) to file, within 180 days of incorporation, a director's declaration confirming that every subscriber to the Memorandum has paid for the shares they agreed to take, together with verification of the registered office under Section 12 — only after this can the company commence business or exercise borrowing powers.

Option-by-option analysis:

  • (A) Incorrect — the first AGM is a separate, later statutory event, unrelated to Section 10A's commencement requirement.
  • (B) Correct — this is exactly the Section 10A requirement. …

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