Paper F4 (ENG) CHAPTER Corporate and business law 8 Companies and legal personality Contents 1 2 3 The features of a limited company Types of company Advantages and disadvantages of incorporation: the veil of incorporation © EWP Go to www.emilewoolfpublishing.com for Q/As‚ Notes & Study Guides 199 Paper F4: Corporate and business law (English) The features of a limited company Comparison of companies with other forms of business The meaning of separate legal personality
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The Companies Act‚ 1956 Sec 1 Short title‚ and commencement (1) This Act may be called the Companies (Amendment) Act‚ 2000. (2) The provisions of this Act‚ other than sections 7 and 75‚ shall come into force at once and sections 7 and 75 shall come into force on such date as the Central Government may‚ by notification in the Official Gazette‚ appoint. Sec 2 Definitions In this Act‚ unless the context otherwise requires‚ (1) "abridged prospectus" means a memorandum containing such salient features
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CIMA’S Official Study System Revised edition relevant for 2005/2006 Computer based assessment Certificate Level Business Mathematics Sandra Peers AMSTERDAM BOSTON HEIDELBERG PARIS SAN DIEGO SAN FRANCISCO LONDON NEW YORK SINGAPORE SYDNEY OXFORD TOKYO CIMA Publishing An imprint of Elsevier Linacre House‚ Jordan Hill‚ Oxford OX2 8DP 30 Corporate Drive‚ Burlington‚ MA 01803 First published 2005 Copyright # 2005‚ Elsevier Ltd. All rights reserved No part of this publication
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Joint Stock Company form of business organization has become extremely popular as it provides a solution to (2) overcome the limitations of partnership business. The Multinational companies like Coca-Cola and‚ General Motors have their investors and customers spread throughout the world. The giant Indian Companies may include the names like Reliance‚ Talco Bajaj Auto‚ Infosys Technologies‚ Hindustan Lever Ltd.‚ Ranbaxy Laboratories Ltd.‚ and Larsen and Tubro etc. 1.2 MEANING OF COMPANY Section
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BT20403/Company Law Business Entities: Company Law Topics covered: Types of Company Formation of a company; • Promoters Pre-Incorporation Contract • Memorandum and Articles of Association Inconsistency between the object and the company’s activities Upon incorporation: • Company is an artificial legal person • Separate legal entity Lifting the corporate veil scs&ismk/company law CONT. 2 The Effect of Incorporation • Memorandum of Association & Articles of Directors’
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usually do not look behind ‘the veil’ to inquire why the company was formed or who really controls it. However‚ in some situations the veil is pierced so as to render officers criminally liable for their company’s breaches of the Act. Explain clearly statutory exceptions where the court would lift the veil of incorporation. The required characteristic of a company is that it exists as a separate legal entity from its members of the company. The separate legal entity was authoritatively established
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If they are to conduct the Smallco Graphics business through a company‚ a very significant of the advantages will be the separate legal entity‚ which means that from the view of the law‚ a company is treated as a separate person. Hence‚ the debts of the company will be limited to the amount remaining unpaid on the members’ shares. This is also called “limited liability” of the members. Apart from the limited liability‚ a company has a perpetual succession‚ meaning that it is a continuing entity
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Limited(the directors are same in both of the companies according to the article of Y Limited) with the breach of pre-incorporation. After the incorporation of association company comes in existence‚ and starts its business after that. Before incorporation company have no legal existence‚ and if enters into an agreement in the name of company before incorporation‚ the agreement would not be valid. The corporate personality with separate legal identity of company confirms about the limited liability of
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issue of a company buying back its shares has moved beyond the realm of abstract discussion among academicians and into the real world of corporate controversies. The endeavour should be to provide one with an overview of the concept of ‘buy-back’ of shares‚ the ensuing debate and some recommendations. Understanding the Concept In law‚ a company being a separate legal personality is capable of buying and holding property in its own name. a corollary to this privilege would be that a company could buy
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CSEA 2222 COMPANY LAW GROUP ASSIGNMENT INTRODUCTION Principle of Separate Legal Entity The principle of separate legal entity under the law is a company‚ upon incorporation‚ will becomes a body corporate that exists separately with its owner and distinct from its individual members and directors. This fundamental principle of company law was first established in the landmark case of Salomon v Salomon & Co Ltd (1897)‚ and formed the foundation of company law in Malaysia. Besides‚ this
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