Preview

seperate legal personality

Satisfactory Essays
Open Document
Open Document
343 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
seperate legal personality
The explaination of the concepts of seprate legal personality and a disussion on the extent to which courts can peirce the veil of incorpertation.

A company that has a perpetual succession is known as a sperate legal personality, which means that a corperation can continue to exsist without having to transfer its property over with every change of ownershipso it can manage its affairs easier.Its extisatnce ends whenthe company is liquidated where its assets are sold and depts are settled before any left overs can be distributed to its shareholders this is in accourdance with the companies act.Thus the existance of a company can legaly outlast its directors and shareholders which in turrn means independant ecxistaance under the law as one of the main adavanges of being a in a company structure is thzat there is limited liability where it comes to members and the separate legal personality. This power was conferred by the companies act 1844 howeveer not until 1855 was the limited liabilty act passed so that depts of the company remain seperate from its owners.

http://www.translegal.com/legal-english-dictionary/separate-legal-personality

independent existence under the law, especially in the context of a company being separate and distinct from its owners
One of the main advantages of the company structure is the limitation of liability that the separate legal personality gives to the members.

The separate legal entity forms the basis for limited liability of shareholders. Shareholders' liability is limited to the nominal value (=the value assigned to a share as of the time shares are issued) of the shares allotted to them.
Separate legal personality means that a company has perpetual succession (=the quality which allows a corporation to continue in existence and manage its affairs over time without having to

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Lit1 Task 310.1.2-01-06

    • 1471 Words
    • 6 Pages

    LIABILITY – There is no separation between the individual and the business. As the owner and operator of a sole proprietorship, all of the profit and loss is the personal responsibility of the business owner creating unlimited liability.…

    • 1471 Words
    • 6 Pages
    Satisfactory Essays
  • Good Essays

    Lit 1 Task 1

    • 720 Words
    • 3 Pages

    Longevity/Continuity- Company will likely die off if owner does. The company, being one and the same as the owner, cannot continue without measures being taken to pass on…

    • 720 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Legt 2741 Assignment

    • 1787 Words
    • 8 Pages

    Firstly it must be emphasised that through incorporation J is a separate legal entity from its founder, shareholders and directors as demonstrated in the landmark case of Salomon v Salomon & Co Ltd . Lord Halsbury LC made the judgement that once a company is legally incorporated it must be treated as a separate legal entity. This important legal principle is accounted for in the Corporations Act 2001 s124(1) which states that “a company has the legal capacity and powers of an individual” .…

    • 1787 Words
    • 8 Pages
    Good Essays
  • Good Essays

    LAWS1150

    • 1902 Words
    • 8 Pages

    Corporation law (its own entity thus owns assets and liability) – furthermore shareholders also have ownership.…

    • 1902 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    Finance Midterm

    • 1225 Words
    • 5 Pages

    Limited liability is an advantage of the corporate form of organization to its owners (stockholders), but corporations have more trouble raising money in financial markets because of the complexity of this form of organization.…

    • 1225 Words
    • 5 Pages
    Satisfactory Essays
  • Good Essays

    And, finally, the sole proprietorship, are the businesses, that are owned and usually managed by an individual. To say in other words it s the extension of the owner. That means that if there is a profit in the company, it is defined as an owner’s profit, and if something goes wrong all the responsibility goes to the owner as well…

    • 1715 Words
    • 7 Pages
    Good Essays
  • Good Essays

    Case App1

    • 734 Words
    • 3 Pages

    _In addition, corporations have a legal life separate from their founders and owners. Therefore, corporations can, at least theoretically, go on indefinitely.…

    • 734 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Hammurabi Research Paper

    • 3478 Words
    • 14 Pages

    rights and liabilities. This means that a shareholder has no financial liability for the mistakes of a…

    • 3478 Words
    • 14 Pages
    Powerful Essays
  • Powerful Essays

    The House of Lords in Salomon v Salomon1 affirmed the legal principle that, upon incorporation, a company is generally considered to be a new legal entity separate from its shareholders. The court did this in relation to what was essentially a one person company. Windeyer J, in the High Court in Peate v Federal Commissioner of Taxation,2 stated that a company represents:…

    • 15226 Words
    • 61 Pages
    Powerful Essays
  • Powerful Essays

    Legal Assignment

    • 1776 Words
    • 8 Pages

    “… each company in a group of companies … is a separate legal entity possessed of separate legal rights and liabilities … the existence of those principles . … is impossible to deny, ignore or disobey ...”…

    • 1776 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    The LLC allows several tax and financial advantages. LLCs are able to choose how they wish to file their taxes. Under a LLC with multiple owners, the owners have the ability to have their company taxed as either a partnership or as a either and S or C corporation. By doing this they are able to avoid paying a separate tax on company earnings, rather the income of the company is treated as income of the individual owners. This allows the company earning to be taxed at the individual owner's tax rates and makes that income subject to the individuals' tax exemptions in addition to the exemptions that are able to be claimed by the company.…

    • 542 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Over a century ago the English Courts established the basic principle of separate corporate personality: “the corporation has a separate existence from the shareholder” per Vaughan Williams J in Salomon v Salomon1. A distinct legal personality can “own and deal with property, sue and be sued in its own name and contract on its own behalf.2”…

    • 4700 Words
    • 16 Pages
    Powerful Essays
  • Good Essays

    As with any type of investment there are risks, including advantages as well as disadvantages. In addition to the limited personal liability members also have the benefit of pass-through taxation. This taxation is one of the advantages of LLC because members can report losses or profits on their individual tax returns and avoid double taxation. Gitman (2009, p. 7), states there are strengths in a LLC member such as each member cannot lose more than they have invested in the business, and financing is more accessible. There is no limit to the number of members who can be a part of a LLC entity.…

    • 1018 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Limited Companies

    • 336 Words
    • 2 Pages

    These types of company are incorporated, which means they have their own legal identity and can sue or own assets in their own right. The ownership of a limited company is divided up into equal parts called shares. Whoever owns one or more of these is called a shareholder.…

    • 336 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Fybms Law Notes

    • 30683 Words
    • 123 Pages

    Section 3(1) of the Companies Act, 1956 defines a company as “An association of individuals form for some purpose and registered under the present Companies Act or an earlier Indian Companies Act.” The following are the essential features of a company 1) Separate Legal Entity - A company on registration has a separate identity of its own which is different and distinct from the members who constitute it. This principle of independent corporate personality was laid down in the case of Salomon vs. Salomon & Co. Ltd. In this case Mr. Salomon was carrying on shoe manufacturing business on proprietorship basis. He sold his business to a company Salomon & Co. Ltd. for 30,000 pounds. Salomon received consideration in the form of shares for 20,000 pounds of one pound each and got debentures worth 10,000 pounds. The company had seven members, consisting of Mr. Salomon, Mrs. Salomon, four sons and a daughter. All the other members of the company had only one share each. After sometime the company had to be wound up on account of financial difficulties. The assets realized were 6,000 pounds while the liabilities were 10,000 pounds to Salomon as a secured creditor and 7,000 pounds to outsiders who were unsecured creditors. The creditors claim priorities over Salomon (Secured Creditor) on the ground that Salomon and Salomon & Co. were one and the same. It was however, observed that the company on incorporation has a different personality different from the subscribers. Therefore the identity of the subscriber is immaterial. Hence Mr. Salomon was paid first as he was a secured creditor. 2) Limited Liability – The liability of the shareholders is limited to the face value of the shares held by them. Once the full amount of the shares is paid, they cannot be called upon to bare the loss from there personal property. 3) Artificial Legal Person – Company on…

    • 30683 Words
    • 123 Pages
    Good Essays

Related Topics