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Which of the following statements are correct?

(A) A company is an artificial person.

(B) Company's shares are generally transferable.

(C) Paid up capital can exceed called up capital.

(D) The part of capital which is called up only on winding up is called reserve capital.

Choose the correct answer from the options given below:

Solution

✅ Correct Option: 1

Analysis of Each Statement

Statement (A): A company is an artificial person

CORRECT

A company is a legal entity created by law with a separate legal existence from its members. It is called an "artificial person" because it is created by law (not born naturally) but possesses legal rights similar to a natural person - it can own property, enter contracts, sue and be sued in its own name.

Statement (B): Company's shares are generally transferable

CORRECT

Free transferability of shares is a fundamental characteristic of a company, especially public companies. Shareholders can transfer their shares to others subject to provisions in the Articles of Association. This provides liquidity to shareholders and is a key advantage of the company form of organization.

Statement (C): Paid up capital can exceed called up capital

INCORRECT

Understanding the capital hierarchy:

  • Called up Capital = Amount demanded/called by the company from shareholders
  • Paid up Capital = Amount actually paid by shareholders out of called up capital

The relationship is: Paid up Capital ≤≤ Called up Capital

Paid up capital can never exceed called up capital because shareholders can only pay what has been demanded by the company. If the company calls ₹8 per share, a shareholder cannot pay more than ₹8 per share.

Statement (D): The part of capital which is called up only on winding up is called reserve capital

CORRECT

Reserve capital is that portion of uncalled capital which a company, by special resolution, decides shall be called up only at the time of winding up of the company. This provides additional security to creditors as it ensures funds will be available during liquidation.


Correct statements: (A), (B) and (D) only

Answer: Option 1

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