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MAY 2023Final

You are a Chartered Accountant with waxing eloquence. computer savvy, possessing excellent communication skills, having proven hard core experience of two decades and is a much sought after professional. You are known for your sharp intellectual acumen and your expertise on the technical aspects of various economic laws in force in India has given you a deep recognition, not only by domestic companies spread across India, but also by foreign companies who want to set up business in India. You have been approached by ABC Limited (the Company), a pharmaceutical, listed entity from Mumbai, one of the key companies closely monitored by the Equity Analysts, Mutual Funds and Investors to know from you the current state of affairs, compliance standards and regulatory assessment hygiene and sort out / clarify certain matters concerning the Insolvency and Bankruptcy Code, 2016 (IBC, 2016 ), the Prevention of Money Laundering Act, 2002 (PMLA, 2002) and the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI, 2002) which may potentially have an impact on the Company. You viewed this assignment as an another opportunity to deal with and come out successfully in terms of your advise. You are of the opinion that as the complexities of the businesses increases, the amount of time spent by the Management and the Professionals in cracking up the law codes also increases. Going forward, the Executive Management of the Company has very high expectations from you regarding the expert advises that you are going to provide given the timing as well as the multiple challenges impacting the organization. **About ABC Limited** ABC Limited is a professionally managed, widely held, profit making, dividend paying company engaged in developing and manufacturing differentiated pharmaceutical products in house which it commercializes with multinational pharma companies. Various Financial Institutional Investors are holding about 25% of the overall equity of the Company. Benchmarked to international Standards, the Company's facilities are approved by various International Regulatory Agencies. The Senior Management of the Company has provided you the necessary data and other inputs including its subsidiaries, cases against Senior Employees and Key Managerial Personnel in the following paragraphs for your perusal and the issues raised, clarifications sought are summarized in Part A and Part B thereafter. You are requested to go through the following contents carefully and provide your inputs accordingly based on your understanding of your requirements, issues if any and clarifications sought. Please make relevant assumptions as may be required to explain your answer so as to provide a holistic and relevant feedback. Your responses would be very vital for the Company and hence, your best advice is anticipated.

Sub-questions (9)

question_1.12 MarksMCQ

With reference to the inputs given in para (1) (B) relating to the Prevention of Money Laundering Act, 2002 (the Act) above, a person on whose behalf a transaction is being conducted is known as:

A

(A) Client

B

(B) Intermediary

C

(C) Beneficial Owner

D

(D) Authorized Dealer

question_1.22 MarksMCQ

With reference to the inputs given in para (1)(B) relating to the Prevention of Money Laundering Act, 2002 (the Act) above, state which among the following is false in the context of "proceeds of crime" under the Act:

A

(A) Any property acquired on account of criminal activities

B

(B) Criminal activity should relate to a Scheduled Offence

C

(C) All intangible properties are outside the purview of the Act

D

(D) Property derived indirectly by any person on account of criminal activities and held outside the Country

question_1.32 MarksMCQ

With reference to the inputs given in para (I)(C) relating to the Prevention of Money Laundering Act, 2002 (the Act) above, the correct legal position for Ms. Z would be:

A

(A) She, being a women can get bail from the Special Court

B

(B) She will not get bail as the offence is not bailable

C

(C) Since the offence is not covered under the PMLA, 2002, her application is liable to be rejected

D

(D) She will be warned severely and levied a fine.

question_1.42 MarksMCQ

With reference to the inputs given in para (2) relating to the SARFAESI Act, 2002 above, advise the correct steps that DEF Limited can take:

A

(A) Prefer an appeal to the Debt Recovery Tribunal (DRT) against the rejection by Mr. OP of the Company's representation.

B

(B) Ignore the notice sent by Mr. OP since it is not legally binding on DEF Limited.

C

(C) Communicate back to Mr. OP that the representation of DEF Limited cannot be legally rejected and doing so will enable to file an appeal with the ORT. After so communicating, if the representation is still rejected by Mr. OP, then an appeal is to be filed.

D

(D) DEF Limited cannot prefer an appeal to the DRT against the rejection by Mr. OP of the Company's representation.

question_1.52 MarksMCQ

With reference to the inputs given, in para (3)(8) relating to IBC, 2016, one of the lenders of RST Limited informed that since Pre-Packaged Insolvency Process (PPIRP) is at the nascent stage, it may take years to complete the process. Whether their apprehension is correct and what is the timeline for completion of the PPIRP?

A

(A) No. The timeline for completion of PPIRP is 60 days from the commencement date.

B

(B) No. The timeline for completion of PPIRP is 90 days from the commencement date.

C

(C) No. The timeline for completion of PPIRP is 120 days from the commencement date.

D

(D) No. The timeline for completion of PPIRP is 180 days from the commencement date.

question_1.64 MarksProblem Solving

With reference to inputs given in para (1) (A) on the Prevention of Money Laundering Act, 2002 above, critically examine the following: (i) Can the financing bank claim restoration of the pledged gold? (ii) Can the Special Court restore the diamond jewellery to the sister of Mr. 'H'?

question_1.73 MarksProblem Solving

With reference to the inputs given in para (2) relating to the SARFAESI Act, 2002 above, analyze and advise whether MNO Limited would succeed in approaching the Debt Recovery Tribunal against the order of the Asset Reconstruction Company?

question_1.84 MarksProblem Solving

With reference to the inputs given in para (3) (A) relating to IBC, 2016 above, examine the following: (i) Whether the action of the recovery proceedings by the Resolution Professional against the mortgaged properties of the Promoter-Guarantor valid in law? (ii) When does the moratorium period cease to have effect? (iii) What is the legal position regarding disposing off the inventory of finished goods of the Corporate Debtor other than in the ordinary course of business during the effective period of moratorium?

question_1.94 MarksProblem Solving

With reference to the inputs given in para 3 (8) above on IBC, 2016, examine the legal position whether RST Limited is eligible for filing an application under Pre-Packaged Insolvency Resolution Process (PPIRP) as enshrined in the IBC, 2016? Will your answer differ, if RST Limited is classified as a Non-Performing Asset (NPA) in the books of the bankers for the last five years?

may_2023_paper_6D_economic_laws — CA Final | Kartavvya