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A consulting firm has been advised that partnership law allows up to 100 members because Section 464 says so. Which of the following best critiques that advice using the framework in the lesson?
Answer & Solution
Correct answer: C.
1. Section 464 empowers the Central Government to prescribe the cap, but says the cap cannot exceed 100.
2. The Government has used that power through Rule 10 of the Companies (Miscellaneous) Rules, 2014.
3. Rule 10 sets the operative figure at 50, well below the statutory ceiling.
4. So the firm is bound by the lower figure of 50, not the outer statutory ceiling of 100.
_Source: ICSI CS Executive Paper 3 (Setting up of Business Entities and Closure) — Lesson 1: Choice of Business Organisation, pp. 2-11._
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