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CS Professional · Drafting, Pleadings and Appearances · Art of Advocacy and Appearances

Ravi Menon, a practising Company Secretary, is asked to appear for a Section 8 company, Asha Education Foundation, in a proceeding. Before accepting the brief, he checks whether any person is barred from having a name borne on the Register of members of the Institute. Under the Company Secretaries Act, 1980, which of the following persons is disabled from having his name entered in the Register of members?

A person adjudged of unsound mind by a competent court is disabled from entry in the Register of members. The other persons are not barred: age 25 exceeds the minimum, a pardon lifts the offence disability, and an expired removal period permits re-entry.

  1. AA person aged twenty-five who has passed the final examination
  2. BA person who is of unsound mind and stands so adjudged by a competent courtCorrect
  3. CA person who has been granted a pardon for an offence committed in his professional capacity
  4. DA person whose removal from membership was for a specified period that has now expired

Explanation

Section 8 lists disabilities. A person of unsound mind who stands so adjudged by a competent court cannot have his name entered. A person of 25 meets the age condition, a pardon removes the offence-based disability, and the proviso allows entry once a specified removal period expires.

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