Issue: • Recommendation for Mary‚ and influences to the advice. • Whether a public entity is the most appropriate entity for her mining venture. • Should Susan incorporate? If so‚ should she adopt a company structure? • Assuming Susan adopts a company structure‚ what type of Liability Company should Susan adopt? Relevant Laws: Form of association: • Consider the possible form of association‚ corporate and non-corporate • Consider comparative advantages and disadvantages of each form of association
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Faculty of Business and Management BBUS2103 Company Law January 2013 Companies Act 1965 Section 181: Member’s Remedy Name: Mohd Afiq bin Sahar NRIC No: 871226-43-5677 Matric No: 871226435677001 Pages 1. Introduction………………………………………………………………………….3 2. Example of oppressive‚ disregard of members’ interest and unfairly prejudicial or unfairly discriminatory conduct………………………………………5 Diversion of corporate assets or opportunity………………………………...5 Diversion of profits.…………………………………………………………
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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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personality Registration at Companies House Limited liability Salomon • Issues arising from separate‚ artificial legal personality A. PROMOTERS • Background • Definition - no statutory definition - 2 common law definitions • Twycross v Grant (1877) 2 CPD – someone who “undertakes to form a company with reference to a given project‚ and to set it going and… takes the necessary steps to accomplish that purpose” (Cockburn CJ) • Whaley Bridge Calico Printing Co v Green (1880) 5 QBD
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effect of common law and the Companies Act 1965 on pre-incorporation contracts. Pre-corporation contract is one which is entered into when the Company is in the process of being incorporated but is not yet completed it. At common law such contracts were held to be void‚ as the company is not yet in existence. - Newborne v Sensolid Ltd. In the common law effect‚ Pre-incorporation contracts cannot‚ in theory‚ be made by the company or by its promoter since the company or the principal does not exist
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[Subject code]: Company Law [Lecture’s name]: Nadiah Suki [Assignment title]: Individual assignment [Submit date]: 15th January 2014 Table of Content Title Page Case Reference 3 Question 1 4-6 Question 2 7-8 Question 3 9-10 Reference 11 Case Reference 1) Salomon v. Salomon & Co. Ltd 2) Symington v. Symington’s Quarries Ltd 3) Daimler Co Ltd. v. Continental Tyre and Rubber Co. 4) Gilford Motor Co v. Horne 5 )Adams v. Cape Industries plc 6) Hochster v De La Tour
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Importance of audio – visual aids in teaching methodology. Introduction: The audio visual aids educational learning resources or instructional or educational Medias. These all the terms meant the same thing. History of Audio - Visual Aids : A Dutch Humanist theologist & writer desretrious Erasmus (1466-1536) disclosed memorization as a technique of learning and advocated that the children
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ALLOCATION OF UNIFORM MARKS IN GCSE (APPLICABLE FROM JUNE 2010) What is a UMS? The Uniform Mark Scale (UMS) is used in unitised specifications as a device for reporting‚ recording and aggregating candidates’ unit test performances. Why do we need the UMS? In a unitised specification candidates may take units at different stages during the course and may retake units before certification. Each exam paper is unique‚ and so the difficulty of exams may vary slightly from year to year. Senior
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Promoters‚ as defined in Twycross v Grant (1877) 2 CPD 469‚ are persons who involved in the incorporation of a company. And the common law has extended the scope of “promoter” further in Tracy v Mandalay Pty Ltd (1953) 88 CLR 215. In this case‚ the High Court held that the promoters are not just these persons who take an active part in the formation process‚ but also these who profits from the operation of the company with a passive role. Applying this doctrine to the case study‚ Alicia can
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The way that a defendant has acted in defamation‚ brings up the question of how reasonable the defendant was when breaching the Defamation Act. The Issues in Hockey v Fairfax‚ in terms of reasonableness‚ stemmed from the way that Fairfax acted in the creation of the newspaper article titled “Treasurer for Sale” and the decision of the chosen title as well as the poster and three tweets‚ posted about the newspaper article. Reasonableness in the way that Fairfax acted is a necessary consideration
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