and minorities has been a long and hard fought battle. Discrimination had been very prevalent fifty or sixty years ago when women were hired to become matrons doing office work or helping with women and children of sexual abuse. Minorities were forbidden to become police officer until the Nixon Administration era‚ when the federal government encouraged employers to employ women and minorities and keep track of their progress in what is known today as affirmative action programs. Minorities were
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SCHOOL OF ACCOUNTING AND LAW LAW2452 COMPANY LAW COURSE MANUAL Copies of copyright material in this compilation have been made in accordance with the provisions of section VB of the Copyright Act for the teaching purposes of the University. CONTENTS Course Syllabus 2 - 4 Topics (Topic 1 - 15) 5 - 17 Tutorial Questions (Questions 1 - 46)
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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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Topic 1 X Introduction to Company Law LEARNING OUTCOMES By the end of this topic‚ you should be able to: 1. 2. 3. 4. 5. List the types of business entities and its distinctions; Identify the various forms of companies and the changing of status; Discuss the doctrine of separate legal personality and lifting of the veil of incorporation; Describe the agency principles related to company law; and Evaluate the duties of a promoter and the pre-incorporation contracts. X INTRODUCTION
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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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Consumer Protection The sale and supply of goods to consumer’s regulations 2002 State that goods when sold must be: 1. Of satisfactory quality 2. Fit for purpose 3. As described When complaining you are not entitled to anything if: 1. You were told of any faults before you bought the goods 2. The fault was obvious and it would have been reasonable for you to notice it before buying 3. If you caused the damage yourself 4. If you have changed your mind about the
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On a proper interpretation of the case law of the European Court of Justice‚ there can be no doubt that the real seat theory is dead throughout the EU Discuss. Since the Treaty of Rome entered in force in 1958‚ companies were allowed to be formed across the EU benefit from the basic right of the freedom of establishment. The principle of freedom of establishment set out in Article 49 (ex Article 43 TEC) enables an economic company to operate an activity in one or more Member States. At present
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Case law: A promoter is defined in Twycross v Grant (1877) as ‘one who undertakes to form a company with reference to a given project and to set it going and who takes the necessary steps to accomplish that purpose’. The promoter would be the person who undertakes the formation of a company by carrying out the procedures necessary for incorporation‚ person actually interested in the company or professionals who incorporate a company as part of their business. But under Section 4 The Companies Act
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Dignam & Lowry‚ Company Law‚ 5th edition (2009)* ** • Hicks & Goo’s Cases and Materials on Company Law‚ 7th edition 2011** • Mayson‚ French and Ryan on Company Law‚ 26th edition (2010) • Bourne on Company Law‚ 5th edition * Dignam & Lowry‚ Company Law‚ 6th edition (2012) may be published August 2012 ** These books will be used as the module readers Additional reading: The latest editions of: • Gower and Davies’ Principles of Modern Company Law‚ Even if you do
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Question 1. [Section 126] stated that a company is allow to contract through an agent and a company will be bound by the acts of its agents in the same way as any other principal. An agent’s acts bind the company into a contract with an outsider when rules of agency law applied. In this case an agent’s apparent or ostensible authority arise. This authority arise because when the receptionist represents Harry out to Micky and Harry did not specify that he wasn’t the factory manager‚ given Micky
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