and deliver us from personal liability‚ amen. Nicholas Phillips Introduction The corporate regulator has lately conceded the attachment of personal liability to company directors to have become excessively arduous and uncommercial.[1] These remarks particularly accord with and underscore recent hints proffered both by law reformers[2] and judges that it is necessary to reassess the policy balance struck by the imposition of personal liability on directors under the insolvent trading regime
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be the effect of a contract entered into with a bankrupt and what kind of remedies were there have for such contracts. Explanation of relevant law According to the Contracts Act 1950‚ under section 2(h)‚ an agreement enforceable by law is a contract. Furthermore‚ S. 2(h) of the Contracts Act 1950 states that any agreement which is not enforceable by the law is said to be void. To have an enforceable contract there must be offer and acceptance. In Section 2(a) stated that a proposal is made when one
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This essay is an attempt at looking at the steps to be taken to ensure a floating charge will be valid and the circumstances in which a floating charge will be enforceable. This will be done in relation to advice to be given to Bank ABC Limited‚ regarding the K 20‚ 000 lent to Bwalya Limited on the security of a floating charge over the whole of its assets. The essay will therefore‚ begin to look at the legal concepts related to the above facts which are debentures and floating charges‚ as well as
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Why we have laws- The law is a legal set of rules that the government and courts have made for everyone to follow. Without laws‚ confusion and chaos would occur. In extreme cases of conflict‚ a state of anarchy would develop. The person with the most strength will start to dominate and the weak and helpless would suffer. However‚ when laws are enforced‚ a sense of order is created resulting in a society where everyone can live peacefully. Why laws change-? Societies’ perceptions have changed over
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unless specifically provided in the various professional regulatory or other laws‚ the following terms shall be understood to mean: a) Accredited Professional Organization (APO) refers to a professional organization which may now or hereafter be accredited by the Commission. b) Board refers to a Professional Regulatory Board (PRB) created by law‚ decree‚ or other issuance pursuant to law to regulate a specific profession
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ARTICLE OF ASSOCIATION Every company is required to file Articles of Association along with the Memorandum of Association with the Registrar at the time of its registration. Companies Act defines ‘Articles as Articles of Association of a company as originally framed or as altered from time to time in pursuance of any previous companies Acts. They also include‚ so far as they apply to the company‚ those in the Table A in Schedule I annexed to the Act or corresponding provisions in earlier Acts
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QXD:IC8235 ch01.qxd chapter 19/6/09 09:44 Page 3 1 The role of the company secretary contents 1 Requirement to appoint a company secretary 2 The secretary and the board 5 Liabilities Core duties of a company secretary 3 4 Appointment and removal from office learning outcomes As an officer of the company at the centre of the decision-making process‚ the company secretary is in a powerful position. He should assist and guide the board in the pursuit
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Florence Low Poh Geok Program / Intake: BCom27 Module: Commercial Law Lecturer: Daniel Theyagu Student ID: 32736209 Program Manager: Hazel Ong / Ang Kang Ling Total Words Count: 1998 Question 1A The legal point in question is whether Leila advertisement constitutes a binding contract and that she go can back on her promise of paying the reward $50 to Julie for returning the gold chain and locket to her. Relevant principle of law relating to this issue is that an advertisement made to the world
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ATENEO CENTRAL BAR OPERATIONS 2007 Criminal Law SUMMER REVIEWER BOOK I CRIMINAL LAW – A branch of municipal law which defines crimes‚ treats of their nature and provides for their punishment. Characteristics of Criminal Law: 1. General – binding on all persons who reside or sojourn in the Philippines Exceptions: a. Treaty Stipulation b. Laws of Preferential Application c. Principles of Public International Law Ex: i. sovereigns and other chiefs of state ii. Ambassadors‚ ministers plenipotentiary
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persons contracting with a company were not expected to spend their time checking that any required resolutions had properly been passed‚ at meetings that had been correctly convened‚ by directors whose appointments had been duly made. The rule in Turquand’s Case can operate in relation to any contractual obligation but has over the years frequently been raised in respect of a document to which the company’s seal has been affixed. Professor Gower‚ summarizing the common law position in 1969‚ stated:
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