case study ca foundation

• (+91) 7821821250
• (+91) 9351468666
• (+91) 7821821253
• (+91) 9358900497

CA Foundation

Sep./Dec. 2024

Admission Open

CA Intermediate

CMA Intermediate

Home / Blog / CA Foundation Business Law June 2024: Study Material, MTP, RTP, Papers, Weightage

CA Foundation Business Law June 2024: Study Material, MTP, RTP, Papers, Weightage

• Last Updated on Jan 19, 2024

CA Foundation Law is the second paper of the CA Foundation course . The name of paper 2 is Business Law and Business Correspondence and Reporting. This paper aims to develop an understanding of various laws related to Business. It also assists in developing the analytical skills required to solve real-life problems.

In this article, you’ll get the CA Foundation law study material, syllabus, paper pattern, weightage, MTPs, RTPs, previous year question papers, ABC analysis and case studies. The CA Foundation exam dates for the June 2024 examinations will be out soon. Check the complete procedure of how to become a CA in India .

Register Now for the best CA Foundation Coaching Classes in India

CA Foundation Business Law Study Material June 2024

Download the pdf of CA Foundation Law Study material relevant for the June 2024 exams

Check the complete CA Foundation study material of all subjects for the June 2024 exams.

CA Foundation Law Previous Year’s Question Papers

Ca foundation paper 2 rtp of last 5 attempts, ca foundation business law mock test paper june 2024.

Mock test papers are mocking or imagining the exams. It’s similar to the day when you will give your real exams. VSI schedules such mock tests in intervals to keep its students well-prepared for the students. ICAI also scheduled such mock tests before exams. It is important to appear for such mock tests as you may get an idea about exam patterns and also the updated syllabus.  Practising ICAI mock test papers, and model question papers will help you in your upcoming CA Foundation exam. You can download the CA Foundation law Mock Test Papers of Business Law from here.

1) ICAI CA Foundation Mock Test Papers for Business Law:

• Question Paper
• Suggested Answer

Get all the details about the CA Foundation Course

What do you want to get? :

Admission Details

Demo Lecture Videos

Important Updates

VSI Mock Test Papers

CA Foundation Paper Pattern for Business Laws

• Paper pattern: Subjective
• Total questions asked: 100 
• Total exam duration: 2 hours 
• Maximum marks got: 100 marks(60 marks for Business Law  40 marks for business correspondence and reporting)

CA Foundation Business Laws Paper Chapter-Wise Weightage

ICAI has given weightage to particular chapters according to their implication on the real world and level of difficulty.  It is important for students to plan and prepare for the exams according to the weightage of topics and break down chapters accordingly. 

SECTION A: BUSINESS LAWS (60 MARKS)

• The Indian Contract Act, 1872: 25%-35%
• The Sale of Goods Act, 1930: 20%-25%
• The Indian Partnership Act, 1932: 20%-25%
• The Limited Liability Partnership Act, 2008: 5%-10%
• The Companies Act, 2013: 15%-20%

ICAI CA Foundation Business Law Syllabus for June 2024

 CA Foundation Syllabus has been revised by ICAI under the new scheme. Students should download the 2023 ICAI syllabus from here. 

CA Foundation Law Solutions

Watch the chapter-wise CA Foundation Law modules of last 3 year papers by Piyush sir.

If you want to get good marks in the CA Foundation exams, It is essential to have continuous practice in all the subjects. VSI Jaipur gives the best and highest CA Foundation Result every year with the most dedicated study pattern. Dr CA RC Sharma Sir always requests students to keep practising the ICAI Question paper to get an overview of the CA Foundation exam pattern for the planned study.

Further, you can also check the complete detail of CA Course to get a better understanding of the entire CA Course.

CA Foundation Law ABC Analysis

How to Study for the CA Foundation Paper 2?

Students need to attempt all 100 questions in 2 hours. The questions asked are subjective, and students have to answer the questions, write letters, or even solve case studies according to new laws in the papers. The paper needs evaluation and understanding skills to solve it. If you are well versed with all the laws and their acts, then you should mention it in your answers. You should forbid giving wrong sections and acts if you are confused, instead just write the answers.

Tips and Tricks to Crack CA Foundation Law Exams June 2024

• Understand the question and apply basic logic to the question.
• Evolve reading habits to know more about commercial terminology.
• Make a register to list all the sections and acts of law in the syllabus.
• VSI gives the best CA foundation coaching to prepare for a Law paper. With the mock test paper series and continuous revision, students become comfortable with the subject and can score good marks.

Indian Contract Act, 1872 of CA Foundation Law

The Indian Contracts Act of 1872 is among the oldest laws of the country related to trade and commerce. This law came into effect on Sept 1, 1872, in the whole country except J&K. As the name suggests, the Indian Contracts Act of 1872 is the main act for regulating the contracts in India.

Now in CA Foundation, the topics of the Indian Contracts Act of 1872 that you are going to study are the nature of contracts, consideration, performance and breach of contract, and many more.

Check the complete procedure to become CA after 12th science in detail.

CA Foundation Classes

VSI provides the best CA Foundation classes for all the subjects at the most competitive price. They also provide CA pen drive classes and online classes to their students that cover all the study material in the most effective way.  

VSI also provides a pen drive class for students of both English and Hindi mediums. You can also download the study material for Hindi medium students for the Dec 2023 CA Foundation Business Law exams. 

CA Foundation Law Case Studies for June 2024 exam

Solving case studies is one of the major challenges that students face while attempting a CA foundation law paper. We are sharing a few examples of the case studies and how they are solved.

Case study 1:

Case study 2:

Case study 4:

Case study 5:

Mode Offline Classes Online Classes

Select Course CA-Foundation CA-Intermediate CA-Final 11th Course 12th Course 12th + CA Foundation 11th + 12th + CA Foundation CMA-Foundation CMA-Intermediate CMA-Final 12th + CMA Foundation 11th + 12th + CMA Foundation

Connect With Us

• Chairman Message
• Why Vidya Sagar
• VSI History
• Media Coverage
• Admission Procedure
• Scholarship Program
• Privacy Policy
• Refund Policies
• Terms & Conditions

Contact Details of VSI Jaipur Centres

Vidya sagar career institute limited.

• K-50 Bhawana Tower Income Tax Colony, Tonk Road, Near Durgapura Bus Stand, Jaipur

Shastri Nagar Center

• 15-16, Subhas Nagar Shopping Center, Shastri Nagar, Jaipur
• (+91) 9358900498

Vaishali Nagar Center

• B-138, Nemi Nagar, Opp. D.A.V.School, Near Amarpali Circle, Vaishali Nagar, Jaipur.
• (+91) 7821821255

Vidyadhar Nagar Center

• F-115, Bajrang Bali Tower, Central Spine, Vidyadhar Nagar, Jaipur.
• (+91) 7821821256

Jhotwara Center

• Plot No. 58, Simarwal Arcade, Suraj Nagar, Opp. UCO Bank, Kalwar Road, Jaipur
• (+91) 8905991432

Counselling Center

Lal kothi jaipur.

• (+91) 8905991422,
• (+91) 8905991421,
• (+91) 8905991426,
• (+91) 8905991425,
• (+91) 8905991423,
• (+91) 8905991419,
• (+91) 8905991429,
• (+91) 8905991427,
• (+91) 9773301988,
• (+91) 9773301986,

Outside Jaipur Center

• 67(4/2), Birenu Trade Centre, Penar Road, Sakchi, Jamshedpur - 831001
• (+91) 6206261159,
• (+91) 7004859827
• Sure Pass #9, II Floor, Manasa Towers, Kodialbail, Mangalore - 575003
• (+91) 9901798000
• [email protected]

EVERYTHING IS PERSONAL. INCLUDING THIS BLOG.

CA Exam Strategies

• Oct 18, 2020

SS-15 | How to write answers in CA Foundation Law Paper?

CA Foundation is the first time when a CA student is introduced to the world of Law. Apart from learning and understanding the key concepts and provisions, one of the major factors to score good marks in the Law paper is the presentation and style of writing answers in the exam. This post aims to cover this aspect. Read on...

Types of Questions

The questions asked in the Law paper can be broadly grouped into 2 major categories:

Theoretical provision-based questions

Practical case-study based questions

The approach of answering both these categories of questions is different. Let us discuss this in detail.

How to answer Theoretical Provision-based Questions

Let us pick up an example as to what kinds of questions fall within this category.

Q. What are the exceptions to the Doctrine of Consideration as per the Indian Contract Act, 1872?

The moment you read this question, you should observe the following:

It is a straight-forward theoretical question.

There are no twists or tricks

The main ask of the question is to detail out the situations when a contract without consideration would not be void.

These are easy marks on offer.

These questions do not require any special preparation but require a set approach to writing answers. Here are my suggestions for approaching theoretical provision based questions like the one above:

Take 30 to 60 seconds to recollect the provisions of the Act. If you can remember Section 25, it is excellent.

Try to recollect all the situations (ideally 5-6 as this question would either be for 4 marks or for 6 marks) where you can highlight the exceptions.

Try to form certain scenarios or examples wherever needed for better explanation

Start the answer by quoting the relevant provisions of the Act. At the Foundation stage, a student is not expected to memorize the Section numbers. But it is a good habit to memorize and reproduce Section numbers in the answers. Needless to say, refrain from quoting wrong section numbers. Remember --> no Section numbers in the answers is better than wrong Section numbers.

The language is crucial in such answers. It is always advisable to write answers in your own words, instead of vomiting whatever you might have mugged up from the books. As long as the meaning of the provisions comes out clear in your answers in a crisp manner, it is fine.

When writing definitions, make sure that you are able to reproduce at least 90% of what and how the definition is written in the books. Do you remember how you had no choice but to mug up the Physics Laws? Same is the case in Law.

Try to remember the major keywords of the answers. Examiners only look for specific keywords in the answers and award marks. So always try to use professional technical language wherever required and highlight the main keywords in your answer script.

There is no harm in trying out some creativity in the exam hall when it comes to the representation of answers (not the content). Your answer will stand out from the rest if you can judiciously insert graphs, charts, tables or diagrams wherever required for driving home your points and arguments.

How to answer Practical Case Study-based Questions

Let us pick up another question and discuss how to answer it. This one is a question from one of the past papers:

X, Y and Z are partners in a firm. They jointly promised to pay Rs. 3,00,000 to D. Y becomes insolvent and his private assets are sufficient to pay only 1/5 of his share of debts. X is compelled to pay the whole amount to D. Examining the provisions of The Indian Contract Act, 1872, decide the extent to which X can recover the amount from Z.

The major observations after reading the question are;

It is the case-based question, not a plain-vanilla theoretical question.

The case mentions certain facts, mentions the requirement and the relevant Act which needs to be applied to the case.

It is important to note that the requirement of the question is not just amount of money X can recover from Z, but the rationale also.

These types of questions require a special approach - let us see how to answer such questions:

It is of utmost importance to read and understand the question clearly.

Clearly identify the requirement of the question and try to map which topic or topics the case tries to cover.

Try to recollect all the relevant provisions you may need to touch upon to explain the rationale behind your final recommendation on the case study

Once you have all the ingredients in your mind, try to think of the flow in which you would want to present your answer. Answering case study questions demand you to have a logical flow with crisp arguments backed by legal provisions.

Break your answer into the following 3 parts:

1. Facts of the case : A quick brief about the facts of the case is a good starting for a case-based answer. You are not required to state the facts verbatim. For instance, for the question above, you can write -->

X, Y and Z are partners who jointly promised to pay Rs. 3,00,000 to D. Y became insolvent and only 1/5th of the share of the debts could be recovered from his assets.

2. Provisions of the law : This section will build the rationale for whatever your final recommendation is. So here, you need to write the main provisions, put in your arguments and build a smooth storyline to get to the recommendation. Many students make a mistake here of writing what they personally feel about the case. No, this is absolutely wrong. What you need to mention here is what the provisions of the relevant Act state. Refrain from stating any facts here, because they have already been covered in the first part. Explain the provisions in a crisp manner. It is great if you can recollect the Section number or the relevant case law (if any). But please refrain from quoting wrong Section numbers and wrong case laws. So a standard drafting of this portion could be as follows:

As per the provisions of the Indian Contract Act, 1872, in case where the performance of the promise is to be done by the joint promisors, the liability shall be joint and several. In case any of the joint promisor becomes insolvent, his estate shall be liable for the debt. The loss of insolvent promisor shall be borne by the solvent promisors.

3. Conclusion : The final conclusion or recommendation will be drawn from the provisions of the law. However, you do not need to mention the provisions here again. What you need to do here is to capture the recommendation in the light of whatever provisions have already been discussed. The conclusion is not the place of introducting any new arguments or provisions. So in the example above, the conclusion can be drafted as follows:

Y’s share was Rs.1,00,000 out of which only Rs. 20,000 were recovered from his property. The loss of Rs.80,000 will be divided equally between X and Z. Hence, the liability of X comes to Rs 1,40,000. If now X pays entire Rs.3,00,000 then he can recover Rs.1,40,000 from Z.

The question asked me to explain what X could recover from Z and on what basis. So what I have done across the 3 parts of the answer is - explain the facts briefly, analyse the facts in the eyes of the law and then apply the provisions to do the calculation and arrive at the final conclusion.

I hope this post was able to handhold you on how to write answers in the Law paper. As you would realize, there is no rocket science here. It is just the presentation and style of writing answers. Remember that these are just suggestions from my experience. You are free to tweak the representation of your answers, provided that all the major points are covered.

Practising writing answers for case-based questions will keep you in good stead in the exams.

In case of any feedback, queries, comments or suggestions, please feel free to write to me.

Thanks for reading :)

Recent Posts

How to approach Case Study in SCMPE?

How to study SCMPE in CA Final?

What should I do if my concepts are not clear?

CA Foundation Law 2024- Study Material, Weightage & Paper

CA Foundation is the entry level examination for the CA student. Students who are appearing for the CA Foundation examination have to clear four examinations of CA Foundation Accounts, Economics, Maths and Business Law. Business law is one of the important examinations where students have to keep their focus on. ICAI keep on updating their Law amendments as per the Changes. Along with the ICAI students also have to keep them updated. 

Below we are going to talk about all the important topics and information about CA Foundation Law. After going through this article you will able to understand and get all idea about CA Foundation Law Study Material , Paper, Pattern, Syllabus, Study Material along with Previous year question paper, revision test paper, Mock test paper, Sample paper after going through all this students can start of their law paper preparation with and study plan. 

We have also mentioned the CA Foundation Law Preparation tips before the examination, which will help you to perform well in your Law Examination. 

CA Foundation Law 2024- An Overview

CA Foundation Business law and business correspondence and reporting is the second paper of CA Foundation Subjects which comes after the principle and practice of accounting. CA Foundation Business law paper is of 60 Marks and Business correspondence paper is of 40 marks.  

CA Foundation Business law ecompasses all the law, amendments and rights which are required to run a business. It contains all the acts through which students have to thoroughly go through. Some of the most important topics of CA Foundation business law are Indian contract act 1872, The sale of good act, Indian Partnership Act and Indian Companies act. 

Why is CA Foundation Law an Interesting Subject to study for? 

CA Foundation Business law seems too lengthy but if you understand all the concepts of Business law it is one of the most interesting topics to study for. A deep knowledge about the Business law helps you to understand how the company works and it helps you in understanding how the core concept of business. 

CA Foundation Business law is divided into five core topics of indian contract act 1872, the sale of good act 1930, the indian partnership act 1932, the limited liability partnership and the companies act 1932.  

Students will be able to develop a good understanding of business law and its legal network area. How every decision in business leads to these paths of business law. 

CA Foundation law Paper pattern 2024

Below is the latest CA Foundation Business Law Paper Pattern. 

How to Start Study For CA Foundation Business Law? 

CA Foundation Business law and Business correspondence and reporting is of 100 marks in which 60 marks paper is of business law. The whole paper is a subjective types question paper. The exam duration of CA Foundation law paper is 2 hours. 

Students are advised to preparate the notes of CA Foundation Law examination. Since you will come across alot of amendments and dates and it is necessary to revise them all time to time. Makes notes will help you to remember the Acts and laws and avoid confusion. CA Foundation Business law required. Students are required to solve the aptitude based on case study of CA Foundation law.

Students should start preparing for a case study and mock test papers once they complete their subjects. ICAI will soon release the CA Foundation June 2024 Exam Date sheet/Time Table.

Also Check :- CA Foundation Time Table for June 2024.

CA Foundation Business Law Syllabus 2024

Click here to Download CA Foundation Business law Syllabus PDF 

CA Foundation syllabus revolves around mainly five topics of different business acts. Below are the CA Foundation Law 2024 syllabus. 

CA Foundation Law Indian Contract Act, 1872 –  An overview of Sections 1 to 75 covering the general nature of the contract, consideration, other essential elements of a valid contract, performance of contract, breach of contract, Contingent and Quasi Contract.

CA Foundation Law The Sales of Goods Act,1930 –   Formation of the contract of sale, Conditions, and Warranties, Transfer of ownership and delivery of goods, Unpaid seller and his rights.

CA Foundation Law The Indian Partnership Act, 1932 – General Nature of Partnership, Rights, and duties of partners, Reconstitution of firms, Registration and dissolution of a firm.

CA Foundation Law The Limited Liability Partnership Act, 2008 – Introduction- covering nature and scope, Essential features, Characteristics of LLP, Incorporation and Differences with other forms of organizations.

CA Foundation Law The Companies Act, 2013 – Essential features of the company, corporate veil theory, Classes of companies, types of share capital, Incorporation of company, Memorandum of Association, Articles of Association, Doctrine of Indoor Management

CA Foundation law Weightage 2024

Below we have mentioned CA Foundation Business law weightage according to the Chapter wise. After going through CA Foundation Business law weightage students can start their preparation for the Examination. ICAI has divided chapters and topics according to the different weightage depending upon that you can give more to the more important chapters. 

CA foundation business Law 2024 ( 60 Marks) 

CA Foundation Law Papers (RTP/MTP/Previous year Paper) 

Students who are appearing for the CA Foundation Law examination can score well by solving CA Foundation Business Law’s previous year’s question paper, revision test paper, mock test paper etc. 

Many of the question papers in business law are totally based on case studies. Solving these question papers will help you to understand the concept better.

Students can also download these previous year’s CA Foundation question papers for effective practice: 

CA Foundation Business Law  Previous year Question Paper with solution 

CA Foundation Business law Nov 2019 Question Paper- Download Now  

CA Foundation Business law May 2019 Question paper- Download Now ( S olution )

CA Foundation Business Law Nov 2018 Question Paper- Download Now ( Solution ) 

CA Foundation Business Law June 2018 Question paper- Download Now  

CA Foundation Business Law Question Mock Test Paper

CA Foundation Business Law May 2020 Mock test Paper- Download Now ( Solution ) 

CA Foundation Business Law Nov 2019 Mock test Paper- Download Now ( Solution ) 

CA Foundation Business Law May 2019 Mock test Paper- Download Now ( Solution ) 

CA Foundation Business Law Nov 2018 Mock test Paper- Download Now ( Solution ) 

CA Foundation Business Law May 2018 Mock test paper- Download Now ( Solution ) 

CA Foundation Business law revision test paper 

CA Foundation Business Law Nov 2019 Revision test Paper – Download Now ( Solution) 

CA Foundation Business Law May 2019 revision test paper – Download Now ( Solution)

CA Foundation Business Law Nov 2018 Revision test paper – Download Now ( Solution)

CA Foundation Business law may 2018 revision test paper- Download Now ( Solution ) 

CA Foundation Law Study Material 2024 

Students can download CA Foundation Business law study material from the given link below. CA Foundation Business law study material contains all the topics which are going to appear in the examination. Just click on the below links to download your CA Foundation Law Book PDF. 

In case you will any difficulty in topics students can refer to CA Foundation Business law Notes and CA Foundation Business law books. 

Also Check: CA New Scheme 2024

CA Foundation Law- Frequently asked question 

Q. No-1 Where to download CA Foundation Law Study material?

Answers- Students can download the CA Foundation Study Material from the official website of ICAI. 

Q.No 02 CA Foundation Law paper is of how many marks?

Answers- CA Foundation Law paper is of 60 marks. 

Q.No 03 How to do 30 days preparation of CA Foundation law in 30 days?

Answers- Students are advised to go through mock test paper, revision test paper for the last month. You should complete all the important topics and start revising your notes which you have prepare earlier. 

Leave a comment

Your email address will not be published. Required fields are marked *

Get Free Latest Updates

Seeking for -

CA Foundation CA Intermediate CA Final

• ICAI Call Sahayata +91 - 99975 99975

• 0120-3876898
• [email protected]

Study Material New Scheme

Intermediate

Self-paced online modules.

The Limited Liability Partnership Act, 2008 – CA Foundation Law Notes

Browsing through The Limited Liability Partnership Act, 2008 – CA Foundation Law Notes help students to revise the complete subject quickly.

The Limited Liability Partnership Act, 2008 – CA Foundation Business Law Notes

Introduction: → A need has been felt for a long time for a new corporate form that would provide an alternative to the traditional partnership with unlimited personal liability on the one hand, and, the compliance based structure of the private or unlisted public company on the other hand.

→ With this objective in view, the Limited Liability Partnership Act, 2008 was enacted by the Parliament on 12th December, 2008, which received the assent of the President on 7th January, 2009 and was notified with effect from 31st March, 2009. Most of the sections of Limited Liability Act, 2008 came into force from 31st March, 2009.

→ LLP is a hybrid form of business organization structure which combines the advantages of the Partnership firm and the Company Structure. LLP offers the flexibility of a partnership firm and reduces the compliances of a company structure.

→ Though the enactment regarding Limited Liability Partnership (“LLP”) finally came into operation in 2009 in India, the concept of limited liability partnership is not new; in fact is more than a 100 year old concept. It is one of the most renowned forms of business organizations worldwide.

→ The Ministry of Corporate Affairs (MCA) and the Registrar of Companies (ROC) are entrusted with the task of administrating the LLP Act, 2008. The Central Government has the authority to frame the Rules with regard to the LLP Act, 2008, and can amend them by notifications in the Official Gazette, from time to time.

→ This Act deals with the formation and regulation of Limited Liability Partnerships and for matters incidental thereto. It contains 81 sections and divided into 4 schedules.

→ The First Schedule deals with mutual rights and duties of partners, as well as the rights and duties of limited liability partnership and its partners in case of absence of formal agreement with respect to them.

→ The Second Schedule deals with conversion of a firm into LLP.

→ The Third Schedule deals with conversion of a private company into LLP.

→ The Fourth Schedule deals with conversion of unlisted public company into LLP.

Note: The Indian Partnership Act, 1932 is not applicable to LLPs.

Why Limited Liability Partnership? A need has been felt to make a new legislation related to a new corporate form of business organization in India to meet with the contemporary growth of the Indian economy. It provides an alternative to the traditional partnership with unlimited liability on the one hand and the statute based governance structure of the limited liability company on the other hand, in order to enable professional expertise and entrepreneurial initiative to combine, organize and operate in flexible, innovative and efficient manner.

Limited Liability Partnership (LLP) is a corporate business organization that provides the benefits of limited liability but also allows its members the flexibility of organizing their internal structure just like in case of a partnership, based on a mutually arrived agreement.

The LLP form enables entrepreneurs, professionals and enterprises providing services of any kind or engaged in scientific and technical disciplines, to form commercially efficient vehicles suited to their requirements. Owing to flexibility in its structure and operation, the LLP is a suitable vehicle for small enterprises and for investment by venture capital.

Limited Liability Partnership – Meaning And Concept: Meaning: A LLP is a new form of legal business entity with limited liability. It is a separate legal entity where LLP itself is liable to the third parties upto the assets it owns but the liability of the partners is limited. It is an alternative corporate business vehicle that not only gives the benefits of limited liability at low compliance cost but allows its partners the flexibility of organising their internal structure as a traditional partnership. It gives the benefits of limited liability of a company and the flexibility of a partnership.

LLP is also called as a hybrid between a company and a partnership as it contains elements of both, a corporate entity as well as a partnership. Since LLP contains elements of both ‘a corporate structure’ as well as ‘a partnership firm structure’ LLP is called a hybrid between a company and a partnership.

Characteristic/Salient Features of LLP: 1. A body corporate: A LLP is a body corporate formed and incorporated under LLP Act and is a legal entity separate from the partners constituting it. [Sec. 3]

2. Separate Legal Entity: The LLP is a separate legal entity. It is liable to the full extent of its assets but liability of the partners is limited to their agreed contribution in the LLP. In other words, creditors of LLP * shall be the creditors of LLP alone and not of the partners.

3. Perpetual Succession: Death, insanity, retirement or insolvency of partners has no impact on the existence of LLP. The LLP can continue its existence irrespective of changes in partners. It is can enter into contracts in its own name. It can also hold properties in its own name. It is created by law and law alone can dissolve it.

4. Absence of Mutual Agency: The cardinal principal of mutual agency of partners in a partnership is missing in LLP. In case of LLP, the partners of LLP are agents of LLP alone and not of the other partners. Hence, no partner can be held liable on account of the independent or un-authorized actions of other partners. Thus individual partners cannot be held liable for liability incurred by another partner’s wrongful business decisions or misconduct.

5. LLP Agreement: The partners are free to make rules related to the mutual rights and duties of the partners as per their choice. This is done through an agreement. In the absence of any such agreement, the mutual rights and duties shall be governed by the provisions of the LLP Act, 2008.

6. Artificial Person: A LLP is an Artificial legal person created by law capable of enjoying all the rights of an individual. It can do everything which a natural person can do, except the contracts of very personal nature like, it cannot marry, it cannot go to jail, cannot take an oath, cannot marry or get divorce. Further, it cannot practice a learned profession like CA, Law or Medicine. A LLP is invisible, intangible, immortal but not fictitious because it really exists.

7. Common Seal: Being an artificial person, a LLP work on its own but it has to act through its partners. Hence, it may have a common seal which can be considered as its official signature. [Section 14(c)], It should be noted that it is not mandatory for a LLP to have a common seal. If it decides to have one, then it shall remain under the custody of some responsible official and it shall be a fixed in the presence of at least 2 designated partners of the LLP.

8. Limited Liability: Every partner of a LLP is, for the purpose of the business of LLP, the agent of the LLP, but not of other partners (Section 26). The liability of the partners will be limited to their agreed contribution in the LLP.

9. Management of Business: The partners in the LLP are entitled to manage the business of LLP. However, only the des¬ignated partners are responsible for legal compliances.

10. Minimum and Maximum number of Partners: Every LLP shall have least two partners and shall also have at least 2 individuals as designat¬ed partners. It is mandatory that at least one of the designated partners shall be resident in India. Further, there is no maximum limit of partners in LLP.

11. Business for profit Only: LLP can be formed only for carrying on any lawful business with a view to earn profit. Thus LLP cannot be formed for charitable or non-for-profit purpose.

12. Investigation: The Central Government shall have powers to investigate the affairs of an LLP by appointment of competence authority.

13. Compromise or Arrangement: Any compromise or arrangement including merger and amalgamation of LLPs shall be in accordance with the provisions of the LLP Act, 2008.

14. Conversion into LLP: A firm, private company or an unlisted public company would be allowed to be converted into LLP in accordance with the provisions of LLP Act, 2008.

15. E-Filling of Documents: Every form or application of document required to be led or delivered under the act and rules made thereunder, shall be led in computer readable electronic form on its website www.mca. gov.in and authenticated by a partner or designated partner of LLP by the use of electronic or digital signature.

16. Foreign LLPs: Section 2(1)(m) defines foreign limited liability partnership “as a limited liability partnership formed, incorporated, or registered outside India which established a place of business within India”. Foreign LLP can become a partner in an Indian LLP.

Advantages of LLP Form: The following are the advantages of LLP form of business organization:

• It is easier to form a LLP as compared to a company.
• The partners of a LLP enjoy limited liability.
• It operates on the basis of an agreement.
• It is not rigid as far as capital structure is concerned.
• It provides flexibility without imposing detailed legal and procedural requirements.
• It is easy to dissolve an LLP as compared to a Company.

Incorporation of LLP: Essential elements to incorporate LLP: Limited Liability Partnerships are body corporates which must be registered with the Registrar of LLP after following the provisions specified in the LLP Act. The process is quite similar to setting up of a company. Under the LLP Act, 2008, the following elements are very essential to form a LLP in India: → Persons intending to incorporate a LLP shall decide a name for the LLP.

→ A LLP shall execute a limited liability partnership agreement between the partners inter se or between the LLP and its partners. In the absence of any agreement the provisions as set out in First Schedule of LLP Act, 2008 will be applied.

→ Then they shall complete and submit the incorporation document in the form prescribed with the Registrar electronically, along with the prescribed fees.

→ There must be at least two partners for incorporation of LLP [Individual or body corporate]

→ A LLP shall have a registered office in India so as to send and receive communications;

→ It should appoint atleast two individuals as designated partners who will be responsible for number of duties including doing of all acts, matters and things as are required to be done by the LLP. At least one of them should be resident in India. Each designated partner shall hold a Designated Partner Identification Number (DPIN) which is allotted by MCA.

→ As soon as the process is completed, a certificate of registration shall be issued which shall ‘ contain a Limited Liability Partnership Identification Number (LLPIN)

Steps or Process For Incorporating An LLP: Step 1: Reservation of name

• The first step while incorporating a LLP is the reservation of name of LLP.
• The name of a LLP shall not be similar to that of an existing LLP, Company or a Partnership Firm.
• The applicant has to file e-form 1, for ascertaining the availability and reservation of name. 6 names in order of preference can be indicated.
• The name should contain the suffix “Limited Liability Partnership” or “LLP”.

Step 2: Incorporation

• In the second step, the applicant has to file e-form 2 for incorporating a new LLP.
• This form contains the details of the proposed LLP and the Partners and Designated Partners along with their consent to act as such.

Step 3: Execute a LLP Agreement → It is mandatory to execute LLP Agreement. [Sec. 23]

→ LLP agreement shall be filed with the registrar in e-form 3 within 30 days of incorporation of LLP.

→ The contents of the LLP Agreement are enumerated below:

• Name of LLP
• Name and address of partners and designated partners
• Form of contribution & interest on contribution
• Profit sharing ratio
• Remuneration of Partners
• Rights & Duties of Partners
• Proposed Business
• Rules for governing LLP.

Differences With Other Forms of Organisation: A. Distinction between LLP and Partnership Firm: The points of distinction between a limited liability partnership and partnership firm are tabulated as follows:

B. Distinction between LLP and Limited Liability Company (LLC):

Leave a Comment Cancel Reply

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

CA Study Notes

Dream, Choose, Achieve

CA Foundation Business Law List of Case Laws & Conclusions in PDF

Hello Dear CA Students,

We are Sharing With You CA . So kindly Check Out our http://www.castudynotes.com website and ALL the Best for Your upcoming Exams. CA STUDY NOTES

CA Foundation Business Law List of Case Laws & Conclusions in pdf Download from Below

Business Law Handwritten List of Case Laws and Conclusion Download link given below

Download Case Law PDF

Here all materials, PDFs are provided from various available sources, as we never own them, or scan them, we ar just facilitators, so we are not intentionally violating any laws, still if you feel that something should not be on site, you can contact us through email: [email protected]

JOIN OUR MAILING LIST :

Subscribe to hear from us about new addition to castudynotes.com website and other important stuff.

Email Address

All PDF which are provided here are for Education purposes only. Please utilize them for building your knowledge. We request you to respect our Hard Work. Our Intention is to provide free Study Materials for all Aspirants and we believe Education Should be free for All, and for the same reason, we gathered everything and assembled at one place.

• FAQs between Students & ICAI for CA Exam Postponement May/June 2024
• CA Foundation June 2024 Revision Test Papers (RTPs) in PDF AT One Place
• CA Final May 2024 Mock Test Papers (MTPs) Series – II in PDF AT One Place
• CA Inter May 2024 Mock Test Papers (MTPs) Series – II in PDF AT One Place
• CA Foundation Dec 2023 Exam Suggested Answers in PDF AT One Place

Share this:

• Click to share on Twitter (Opens in new window)
• Click to share on Facebook (Opens in new window)
• Click to print (Opens in new window)
• Click to share on Telegram (Opens in new window)
• Click to share on WhatsApp (Opens in new window)
• Click to email a link to a friend (Opens in new window)

kindly Leave a Reply Here Cancel reply

Welcome to ca study notes📚🙏, we want you to know that we are here for you to help you pursue your dreams. bring on your best🙌, discover more from ca study notes.

Subscribe now to keep reading and get access to the full archive.

Type your email…

Continue reading

Lawmakers in California can override local housing limits, state court rules

L imits on housing density approved by local voters can be overridden by lawmakers, a California appeals court ruled, upholding legislation that was intended to encourage construction of small apartment buildings.

The law, SB10 by state Sen. Scott Wiener, D-San Francisco, allows city and county governments to authorize new housing with up to 10 units in some urban areas, including those near transit, without conducting environmental studies. If an initiative passed by local voters has prohibited new housing in the area, the City Council or county supervisors can still approve construction by a two-thirds vote. The law took effect in 2022 and is scheduled to expire at the end of 2028.

It was challenged by the AIDS Healthcare Foundation, which also supports more housing construction but opposed SB10 in the Legislature because it did not include requirements for low-cost housing. The foundation contended the legislation violated the voters’ right, under the California Constitution, to make law by initiative. The suit was joined by the city of Redondo Beach, whose voters had passed an initiative requiring their approval for more construction on existing housing parcels.

But the 2nd District Court of Appeal in Los Angeles said state lawmakers can overrule local voters on issues of statewide concern.

“The housing shortage is a matter of statewide concern,” and SB10 is “reasonably related to addressing that concern,” Justice Brian Hoffstadt said in Thursday’ 3-0 ruling , which upheld a judge’s decision.

Hoffstadt cited previous legislation aimed at addressing the shortage of affordable housing, starting with a 1965 law that required local governments to adopt long-term plans to promote adequate housing. Later laws required local governments to seek approval of their housing plans from the state Department of Housing and Community Development, and to approve proposed housing developments unless they found a “specific, adverse, and unavoidable impact on public health or safety.”

Many local residents “do not want to live near high-density housing, so they elect local officials hostile to such housing or lobby heavily against such housing,” Hoffstadt said. Statewide, he said, “the increase in housing prices at all levels reasonably supports the Legislature’s finding that there is a shortage of housing at all of those levels,” including affordable housing.

Plaintiffs in the suit also argued that allowing a City Council to override local voters would lead to poorer decision-making because council members are more likely than the voters to be swayed by political interests. That might mean the state law was ill-advised, Hoffstadt said, but it doesn’t make it unconstitutional.

The AIDS Healthcare Foundation’s president, Michael Weinstein, said Monday that the court wrongly allowed state lawmakers to weaken voters’ rights. 

“The drift toward the state overriding local governance is something that every community should be concerned about,” Weinstein said in a statement. “Unfortunately, the court supports allowing the state in its ‘infinite wisdom’ to let local legislative bodies override local ballot initiatives. It seems that neither the court nor the Legislature believes voters should have the right to self-determination.”

The foundation could seek review of the case in the state Supreme Court.

Wiener was not immediately available for comment. After the suit was filed, he said SB10 “empowers cities to be full partners” in solving “California’s profound housing shortage.”

Reach Bob Egelko: [email protected]; Twitter: @BobEgelko

Quick Links

• Official Directory
• Copyright 2024 ICAI.

Advertisement

Supported by

Erin Hawley: The Woman Arguing Against the Abortion Pill

Erin Hawley, a law professor and wife of Senator Josh Hawley, is arguing the Supreme Court case.

• Share full article

By Elizabeth Dias and Abbie VanSickle

It was 2014, and Erin Morrow Hawley was fighting against the egg-laying hens of Missouri. Specifically, a new requirement that chicken cages have enough space for the hens to stand up, turn around and stretch out.

A law professor from five generations of ranchers and the wife of Senator Josh Hawley, Ms. Hawley joined a challenge to California, which required more spacious enclosures for hens laying eggs to be sold there. The state where she taught, Missouri, sold a third of its eggs to California, and Ms. Hawley believed that a blue state had no right to impose its values and rules on Missouri’s farmers.

She joined in a lawsuit against California’s attorney general at the time, Kamala Harris. A judge found that the challengers could show no direct injury and dismissed the case. Ms. Hawley continued teaching, and Ms. Harris became Joe Biden’s vice president.

Ten years later, Ms. Hawley, 44, is now at the center of one of the country’s most heated cultural battles about bodily autonomy, gender roles and abortion. On Tuesday, for the first time since the overturning of Roe v. Wade, the Supreme Court considered a case involving nationwide limits on abortion access. And Ms. Hawley was the woman standing before the justices, arguing to sharply curtail access to the abortion pill.

The case centers on the Food and Drug Administration’s approval of mifepristone, a commonly available drug used in the majority of abortions in the country. Limiting medication abortion is a next frontier for the anti-abortion movement in the post-Roe era.

Ms. Hawley represents a group of anti-abortion doctors and an umbrella group of conservative medical associations that claim that the abortion pill — approved more than two decades ago — is a danger to women. The F.D.A. has pointed to substantial scientific evidence that the medication abortion is safe .

Ms. Hawley views the cause as similar to her fights against government interference, rooted in her experience of ranch life.

“You see how those regulations impact people that are really living on the ground, and sometimes for good and sometimes maybe not for good,” she said in an interview with The Times earlier this month. “And so being pro-life, and believing that every child, no matter how small, no matter if they’re not yet born, is invested with inherent dignity and worth — government action can have a lot to say about that as well.”

She argues that federal approval of the abortion pill went forward without enough consideration of possible side effects and dangers, and that subsequent changes to enable greater access have ignored health risks to women.

The government lawyers in this case, led by Solicitor General Elizabeth B. Prelogar, have argued in court filings that Ms. Hawley and her legal team offered scant evidence of real injury, and that declarations from “seven identified doctors” were “often vague or conclusory.”

Ms. Hawley’s particular background makes her ideal for this moment. Her longtime interest in limiting the power of the administrative state is well suited to speak to the current court’s conservative supermajority, which has welcomed cases challenging regulations on everything from herring fish to machine guns and, now, abortion.

Ms. Hawley brings her credentials not only as a former clerk to Chief Justice John G. Roberts Jr. but as a millennial Christian mother. An evangelical believer who forefronts her identity as a wife and mother of three, Ms. Hawley works for the Alliance Defending Freedom, a powerful conservative Christian legal group. She represents the ideals of womanhood many in the anti-abortion and conservative Christian movement seek to elevate.

Until now, Ms. Hawley has been best known as the wife of Senator Hawley, Republican of Missouri, who actively sought the overturning of Roe and has supported anti-abortion legislation.

In a campaign ad for him, Ms. Hawley starred as an everyday mom, playing with their children in the kitchen, while he took the spotlight. But she will be one of a few women to argue a prominent abortion case at the Supreme Court for the anti-abortion side.

Even anti-abortion leaders often said “who?” or “Josh’s wife?” when asked about Ms. Hawley. Penny Nance, president of Concerned Women for America, has met her at events supporting Senator Hawley but did not realize that Ms. Hawley was arguing the mifepristone case.

“There are millions of conservative women all over our country who are educated and powerful and love their families, similar to Erin Hawley,” Ms. Nance said. “She is actually fairly typical of young millennial conservative Christian women coming up through the ranks.”

But it may be Ms. Hawley, not Sen. Hawley, whose work will most power the anti-abortion cause.

“I think it may be more accurate to say that he’s Erin Hawley’s husband,” Mary Ziegler, a law professor and historian at University of California, Davis, said of the senator. “I think people are just beginning to see how influential she is.”

Erin Morrow was born into a family of frontier women and grew up on a cattle ranch near Folsom, N.M., population roughly 50. The foundation of her great-great-great grandmother’s homestead is still visible on the land, where family lore says that as a young widow, she outwitted marauding bandits.

The oldest of three daughters, Ms. Hawley was raised mainly by her mother after her parents divorced. Her father, a former national rodeo champion who struggled with alcoholism and depression, died by suicide when she was in high school, a pivotal moment she has spoken about on her podcast . Her mother, Shari Morrow, ran the family’s ranch, WineCup, and started teaching Erin to ride horses before she could walk.

“She was there when the bus came home, and often she’d throw us on horseback, and we’d help her move cattle, and we were able to sort of participate in her job in a small way,” Ms. Hawley said in the interview with Times reporters. “She was just a wonderful example of putting her family first but also doing something she loved and cared about.”

Her mother, a registered Democrat in the 1990s, had wanted to be a veterinarian, and for a while her daughter did too. Ms. Hawley studied animal science at Texas A&M University and considered a doctorate in genetics. But an internship for the House Committee on Agriculture sparked her interest in regulatory law.

Ms. Hawley started law school at the University of Texas in Austin, then transferred to Yale Law School, where she was a senior editor on the law review.

She clerked for J. Harvie Wilkinson III, a Reagan appointee on the U.S. Court of Appeals for the Fourth Circuit, and for Chief Justice Roberts in 2007.

There, her desk faced that of another clerk from Yale, Josh Hawley, and they secretly dated. He persuaded her to get married, when she was skeptical after having grown up “in a home with a marriage that wasn’t ideal,” she said in a podcast, and they moved back to his home state of Missouri.

When they searched for jobs, she impressed the faculty at the University of Missouri’s School of Law and expressed interest in filling a need to teach tax law. The school offered jobs to both of them.

Together they started the Missouri Liberty Project, “dedicated to promoting constitutional liberty and limited government.” But her husband’s career soon took the lead in their lives. As he campaigned for the U.S. Senate, she wrote a devotional book for mothers, drawing spiritual lessons from the lives of her children while comfortably weaving in references to modern theologians like Stanley Hauerwas. Her light textual analysis of original Greek words in the Bible echoes her approach to interpreting the Constitution in her legal work.

“Why can’t a high-powered lawyer also share that side of her life? Why not? That is her foundation, that is who she is,” said Julie Holmquist, who edited the book.

Ms. Hawley had expected her husband to pursue a political career after their children were grown. When they felt God calling him to run for office, she packed the family onto the campaign bus. The couple voted at their home church, The Crossing Church, an evangelical Presbyterian congregation, and the Hawleys moved to Washington.

Only a few months into her role as a lawyer for the conservative Christian legal advocacy group A.D.F. in 2021, Ms. Hawley flew to Mississippi to strategize on the Dobbs case, which overturned Roe v. Wade.

Ms. Hawley and her infant daughter arrived on time, but her babysitter did not. In the middle of the meeting, the baby let out a wail.

As Ms. Hawley tells it, this moment encapsulated her purpose, both as a Christian mom and as a lawyer aimed at dismantling the right to abortion. On the couple’s podcast, she described her baby’s crying as “a tangible reminder of why the Dobbs case might matter so much.”

At a speech after the Dobbs oral argument, Ms. Hawley said she had “been blessed to have a front-row seat on this case.” She added, “As a conservative mother, I can tell you it has been the project of a lifetime.”

Ms. Hawley has notched other legal victories, becoming synonymous with conservative social-issue cases. She worked on 303 Creative, the case in which the Supreme Court justices ruled in favor of a Colorado web designer who cited the First Amendment in refusing to serve same-sex couples.

Ms. Hawley is currently helping the Idaho attorney general defend the state’s abortion ban from a challenge by the Biden administration.

At the Supreme Court on Tuesday, her unique background was on display, even as most justices seemed skeptical of her argument. She answered a question from Justice Samuel A. Alito Jr. about determining standing — whether the anti-abortion doctors could show direct harm — by referencing how the court considered the issue in a case about genetically engineered crops. In that case, Ms. Hawley said, the court looked at “the distance that bees might fly in order to pollinate seed farms,” she said. She had the support of her husband, who was present in the courtroom.

Even with the pressure of a first-time oral argument, she said in the interview that she remained calm because the decision was ultimately up to God.

“Christians are called to work with excellence but also to rest in the knowledge that God is sovereign, and that we can trust the results to Him,” she said. “To have the faith that all of it is in His hands, I think does help.”

The justices are expected to make a decision in June.

Julie Tate and Kitty Bennett contributed research.

Elizabeth Dias is The Times’s national religion correspondent, covering faith, politics and culture. More about Elizabeth Dias

Abbie VanSickle covers the United States Supreme Court for The Times. She is a lawyer and has an extensive background in investigative reporting. More about Abbie VanSickle