ECONOMIC LAW SECTION LIST Flashcards

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1
Q

“For Extension of Resolution Process Period by 90 days

(180 + 90)”

A

12(2)

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2
Q

For Extension of Fast Track Resolution Period by 45 days (90 + 45)

A

56(2)

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3
Q

Approval where no specific % is prescribed

A

21(8)

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4
Q

Appointment of RP

A

22(2)

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5
Q

Replacement of RP

A

27(2)

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6
Q

Approval for Certain action specified u/s 28(1)

A

28(3)

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7
Q

Approval of RESOLUTION PLAN by COC

A

30(4)

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8
Q

Withdrawal of application u/s 7, 9 & 10

A

12A

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9
Q

Application

A

2

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10
Q

Persons who may initiate corporate insolvency resolution process

A

6

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11
Q

Initiation of corporate insolvency resolution process by financial creditor

A

7

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12
Q

Insolvency resolution by operational creditor

A

8

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13
Q

Application for initiation of corporate insolvency resolution process by operational creditor

A

9

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14
Q

Initiation of corporate insolvency resolution process by corporate applicant

A

10

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15
Q

Persons not entitled to make application

A

11

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16
Q

Time-limit for completion of insolvency resolution process

A

12

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17
Q

Withdrawal of application admitted under section 7, 9, or 10

A

12A

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18
Q

Declaration of moratorium and public announcement

A

13

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19
Q

Moratorium

A

14

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20
Q

Public Announcement of Corporate Insolvency Resolution Process

A

15

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21
Q

Appointment, tenure and Power of interim resolution professional

A

16

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22
Q

Powers of Interim Resolution Professional

A

17

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23
Q

Committee of creditors

A

21

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24
Q

Appointment and functions of resolution professional

A

22

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25
Q

Functions of Resolution professional

A

23

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26
Q

Meeting of committee of creditors

A

24

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27
Q

Rights and duties of authorised representative of financial creditors

A

25A

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28
Q

Replacement of resolution professional by committee of creditors

A

27

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29
Q

Approval of committee of creditors for certain actions of resolution professional, during the corporate insolvency resolution process

A

28

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30
Q

Preparation of information memorandum

A

29

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31
Q

Persons not eligible to be resolution applicant

A

29A

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32
Q

Submission of Resolution plan

A

30

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33
Q

Approval of Resolution plan

A

31

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34
Q

Initiation of liquidation

A

33

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35
Q

Initiation of liquidation

A

34

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36
Q

Powers and duties of liquidator

A

35

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37
Q

Liquidation estate

A

36

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38
Q

Powers of liquidator to access information

A

37

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39
Q

Consolidation of claims

A

38

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40
Q

Verification of claims

A

39

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41
Q

Admission or rejection of claims

A

40

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42
Q

Determination of valuation of claims

A

41

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43
Q

Appeal against the decision of liquidator

A

42

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44
Q

Avoidance of undervalued transactions

A

45

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45
Q

Secured creditor in liquidation proceedings

A

52

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46
Q

Distribution of assets

A

53

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47
Q

Dissolution of corporate debtor

A

54

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48
Q

Fast Track Resolution for Corporate Persons

A

55 TO 57

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49
Q

Voluntary Liquidation of Corporate Persons

A

59

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50
Q

Capital a/c transaction

A

2(e)

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51
Q

Current a/c transaction

A

2(j)

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52
Q

person

A

2(u)

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53
Q

Person Resident in India

A

2(w)

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54
Q

PROI

A

3(a)

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55
Q

Restriction on dealings

A

3(a)

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56
Q

Powers of RBI and penalty (10000 + 2000 per day)

A

11

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57
Q

Inspection by RBI

A

12

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58
Q

Drawal of foreign exchange is prohibited

A

Rule 3 r.w. seh 1

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59
Q

Prior approval of CR for drawal of foreign ex.

A

Rule 4 r.w. seh 2

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60
Q

Prior approval of RBI if in excess of 250000

A

Rule 5 r.w. seh 3

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61
Q

Capital a/c Transaction

A

6

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62
Q

repatriation and realisation of Forex i.e. export proceeds

A

8

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63
Q

exemption from repatriation

A

9

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64
Q

penalty

A

13

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65
Q

failure to pay penalty within 90 days

A

14

66
Q

power to recover arrears of penalty as per seh 2 of IT act,1961

A

14A

67
Q

compounding of contravention (except sec 2 offences)

A

15

68
Q

appeal to special director (appeals) in 45 days + extension

A

17

69
Q

Registration of ARC

A

3

70
Q

Cancellation of certificate of registration ( appeal to CG if aggrevied in 30 days )

A

4

71
Q

measures of ARC

A

9

72
Q

functions of ARC

A

10

73
Q

resolution of disputes

A

11

74
Q

enforcement of security interest

A

13

75
Q

notice to borrower to discharge liabilities in 60 days

A

13(2)

76
Q

measures for secure creditor in case of default by borrower

A

13(4)

77
Q

objection of the borrower

A

13(3A)

78
Q

Chief Metropolitan Magistrate to assist secured creditor

A

14

79
Q

takeover of Mgt.

A

15

80
Q

no CFLO to directors

A

16

81
Q

right to receive money otherwise remains

A

16(2)

82
Q

appeal to appellate trib. within 30 days

A

18

83
Q

right to lodeg caveat

A

18C

84
Q

punishment for ML

A

4

85
Q

obligations on reporting entity

A

12(1)

86
Q

power to directors to impose fine

A

13

87
Q

attachment of property

A

5

88
Q

offences cognixable

A

45

89
Q

agreement with foreign countries

A

56

90
Q

letter of request to a contracting state

A

57

91
Q

assistance to contracting state in certain cases

A

58

92
Q

vexatious search penalty

A

62

93
Q

false information penalty

A

63

94
Q

recovery of penalty if not paid in 6 months

A

69

95
Q

foreign contribution

A

2(1)(h)

96
Q

foreign hospitality

A

2(1)(i)

97
Q

foreign source

A

2(1)(j)

98
Q

prohibiton in certain cases

A

3

99
Q

no prohibition by person covered u/s 3

A

4

100
Q

restriction on acceptance of foreign hospitality

A

6

101
Q

prohibition to t/f foreign contribution to other person

A

7

102
Q

FC not to be used for speculative business and 50% on admin expenses

A

8

103
Q

certificate of registration or prior approval

A

12

104
Q

suspension / cancellation of registration

A

13/14

105
Q

renewal of certificate

A

16

106
Q

FC three scheduled bank

A

17

107
Q

intimation

A

18

108
Q

arbitration agreement

A

2(1)(b)

109
Q

arbitral award

A

2(1)(c)

110
Q

international commercial arbitration

A

2(1)(f)

111
Q

arbitration agreement

A

7

112
Q

no. of conciliators

A

63

113
Q

appointment of conciliators

A

64

114
Q

non - applicability of act

A

28

115
Q

procedure of corporatisation and demutualisation

A

4B

116
Q

applicarion to CG to be recognised SE

A

3

117
Q

grant of recognition

A

4

118
Q

withdrawal of recognition if it is in public interest

A

5(1)

119
Q

withdrawal of recognition for failure to corporatise

A

5(2)

120
Q

every RSE to furnish periodical report to SEBI (RULE 17)

A

7

121
Q

powers to SEBI to issue directions

A

12A

122
Q

Supersede governing body

A

11

123
Q

suspend business of RSE

A

12

124
Q

RSE to make bye-laws

A

9

125
Q

RSE to make rules restricting voting rights etc.

A

7A

126
Q

SEBI to make /amend the bye laws

A

10

127
Q

CG/SEBI to make or amend rules of SE

A

8

128
Q

Members not to act as principals

A

15

129
Q

additional trading floor

A

13A

130
Q

appeal to SAT against refusal to list securities within 15d+1m

A

22A

131
Q

appeal to SC within 60+60 days

A

22F

132
Q

delisting of securities (rule 21)

A

21A

133
Q

Clearing corporations

A

8A

134
Q

Title to dividends

A

27

135
Q

income from CIS

A

27A

136
Q

Penalty for failure to furnish information or maintain books or records

A

23A

137
Q

Factors to be taken while computing penalty

A

23J

138
Q

Compounding of offence b4 or after institution of proceeding

A

23N

139
Q

constituition of SEBI

A

4

140
Q

Chairman and whole time member max tenure 5 years

A

5

141
Q

functions / powers of SEBI

A

11

142
Q

Powers where an investigation or inquiry is ordered

A

11(4)

143
Q

Prohibition /regulation of issue of prospectus

A

11A

144
Q

power to order investigation

A

11C

145
Q

Cease and desist proceedings

A

11D

146
Q

Prohibition of manipulative and deceptive devices

A

12A

147
Q

Penalty for failure to furnish informationn ,return penalty for

A

15A

148
Q

Failure to enter into agreement with client

A

15B

149
Q

Failure to redress investors’ grievances

A

15C

150
Q

Certain defaults by mutual funds

A

15D

151
Q

Default in case to stock broker

A

15F

152
Q

Insider trading

A

15G

153
Q

Fraudulent and unfair trade practices

A

15HA

154
Q

Factors to be taken while determining penalty

A

15J

155
Q

Qualifications for appointment as presiding officer or member of SAT

A

15M

156
Q

Tenure of office of presiding officer

A

15N

157
Q

Appeal to SAT within 45 days + extension as SAT may deem fit

A

15T

158
Q

Appeal to SC within 60+60 days

A

15Z

159
Q

Compounding either b4 or after instituition of any prosecution

A

24A

160
Q

Recovery of amount

A

28A