Issue: Whether directors of ABC Bhd had breach their duty as directors. Whether ABC Bhd can persue their claim against any other party related to ABC Bhd. Law: S.4(1) Company Act 1965 (CA1965) states that director includes any person occupying the position of director of a corporation by whatever name called and includes a person in accordance with whose directions or instructions the directors of a corporation are accustomed to act and an alternate of substitute director. For example‚ in the case
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COURSE: LAW2464 COMPANY LAW DATE: 17/03/2012 TIME ALLOWED: 1 hour 40 minutes (including 10mins reading time) QUESTION (Prospectus Topic) In July 2011‚ Ah Beng was at his accountant’s office to talk about taxation matters. Whilst there‚ his accountant gave him a prospectus issued by Ionic Ltd.‚ a company listed on the Singapore Stock Exchange‚ to take home to read and if interested‚ to follow the instructions about investing in new shares in the company which were to be quoted
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effects Characteristics of a company -Companies are artificial entities with rights and liabilities separate from their shareholders or members -s119: company comes into existence as a body corporate at the beginning of the day on which it is registered with the name specified in its certificate of registration -This legal entity is separate from its members so assets of the company are not the assets of its members and contracts entered into by the company will create rights and liabilities
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which the Court can order that a company be wound up compulsorily. B.H McPherson defines winding-up as a process whereby the assets of a company are collected and realised‚ the resulting proceeds are applied in discharging all its debts and liabilities‚ and any balance which remained after paying the cost and expense of winding-up is distributed among the members according to their rights and interests or otherwise dealt with as the constitution of the company directs. S213 of the 1963 Act sections
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advantage of the on-going structured adjustment programmes (SAPS) by going into business. a) Advise them on the procedures they have to follow in order to register a public company limited by shares. (8 Marks) b) Explain how the procedures would differ from that for forming a private company limited by shares. (4 Marks) c) Discuss the circumstances under which a corporate veil of incorporation may be lifted. (8 Marks) QUESTION
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Akmal Marizalee Jamielyn Jimmy Introduction o Definition - A company is an association of persons‚ existing as a separate legal entity from the owners (or members) - Legal Definition o S4(1) Companies Act (CA) 1965: corporation is any body corporate wherever formed or incorporated └ Include – any company or foreign company └ Exclude -: Public authorities‚ Instrumentalities or agencies of the Government of Malaysia or of any State or body corporate not incorporated for
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DEFINITION OF COMPANY: The Companies Act Cap 110 definition section states that “company” means a company formed and registered under the Act or an existing company. The companies Act does not sufficiently define what a company is but authors have developed a definition of a company. Professor David Bakibinga in his book company law in Uganda at page 2 defines a company as an artificial legal entity separate and distinct from its members or shareholders. This legal person is distinguishable
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Law MA & AA 1.0 Introduction It is defined in Section 33(1) Companies Act 1965 that the Memorandum of Association and Articles of Association of a company shall‚ when registered‚ bind the company and the members of the same extend as if they respectively had been signed and sealed by each member‚ and contained governance on the part of each member to observe all the provisions of the memorandum and of the articles . So‚ it is required for all the members in the company to follow the
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UNIVERSITI TUNKU ABDUL RAHMAN (UTAR) FACULTY OF ACCOUNTANCY AND MANAGEMENT (FAM) Unit Plan | |Unit Code & |UKML2013 Company Law | | |Unit Title: | | | |Course of Study: |Bachelor of Accounting
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Companies Act Chapter 81:01:- "No association‚ society‚ body or other group consisting of more than ten persons may be formed for the purpose of carrying on any trade or business for gain unless it is— (a) incorporated under this Act; (b) Formed under some other written law; or (c) A partnership" According to the Companies Act Chapter 81:01‚ a “shareholder”‚ in relation to a company‚ means a person described in section 107(1); which states that a shareholder is: (a) a person who is a member
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