CHECK THESE SAMPLES OF The Removal of a Company Director - Cretins Ltd
Tyler can apply to the court under s 994(1) CA 2006, which states that a member of a company can apply to the court if he believes that the company's affairs are being or have been conducted in a manner that is unfairly prejudicial to the interests of members, as alleged by Mr Tyler.... Mr Tyler may make a derivative claim, a term used for proceedings by a member of a company in respect of a cause of action vested in the company and seeking relief on behalf of the company (CA 2006, S 260(1))....
15 Pages
(3750 words)
Essay
Directors Duties / Remedies / removal of Board Name Professor Institution Course Date Question 1: Facts/Issues: Nifty is suing Dodgy for breaching his common law duty of care, skill and diligence in failing to rent the cheaper premises.... For instance, ASIC v Rich, ASIC sued the Tel ltd of failure to maintain the information on the company's financial status.... s182-Corporations Act: Misusing the position for personal gain s232 (d)- Acting against the interest of the members Poliwka v Heven Holdings Pty ltd Jenkins v Enterprise Gold Mines NL....
4 Pages
(1000 words)
Essay
The Act contains amended measures on the following issues: company communications with shareholders; company director's duties; and financial and non-financial reporting.... The Act contains amended measures on the following issues: company communications with shareholders; company director's duties; and financial and non- financial reporting.... It clears up to what extent a director's duty under section 175 Companies Act 2006 continues post-resignation....
9 Pages
(2250 words)
Essay
However, the eventual enforcement of stakeholder theory, which considers the appropriate management of a company as that which factors in the interest of all relevant parties, is far from being realised.... Though limited in scope, these rights grant the shareholders the authority to make decisions on critical changes to the governing body of a company, such as amendments to the internal regulations provided for in the articles of association.... Additionally, Section 459 of the Companies Act 1985 confers upon the shareholders, the power to petition against the leadership of a company that is being managed inappropriately and in gross violation of the shareholders' entitlements....
9 Pages
(2250 words)
Essay
The established principle in the case of Kelner v Baxter (1866)1 states that the promoter who signed a contract on behalf of a company which had not at that time been incorporated was liable on the contract.
... A contract which purports to be made by or on behalf of a company at a time when the company has not been formed has effect, subject to any agreement to the contrary, as one made with the person purporting to act for the company or as agent for it, and he is personally liable on the contract accordingly....
12 Pages
(3000 words)
Essay
Subsection 1 of Section 168 allows the removal of a director by ordinary resolution on any matter or situation.... It is the idea that the nation needs to adopt a policy where non-shareholders are treated as second-class citizens of a company through codified laws1.... So far, it has been established that shareholders are at the centre of the creation and operation of a company.... The Cadbury Report, Hampl Report and the Combined Code of Corporate governance provides a formal and semi-legal set of rules which requires the directors of a company to assume certain responsibilities....
13 Pages
(3250 words)
Essay
Though these are certain fundamental limitations imposed by the Act upon the alteration of articles of association of a company, judicial interpretations have enlarged the scope of discussion of the issue of limitation of powers to amend the articles of association.... posed the case of a company which originally has only a single class of shares carrying equal voting rights, and which subsequently alters its articles to give controlling voting rights to the minority shareholders....
18 Pages
(4500 words)
Essay
A partnership is not a separate legal entity like that of a company and therefore the individual partners are bound by the other partners and by the partnership agreement whether written or implied.... Generally a partnership is not a separate legal entity like that of a company and therefore the individual partners are bound by the other partners and by the partnership agreement whether written, or implied2.... he area of law applicable in this section is the incorporation of a company....
9 Pages
(2250 words)
Assignment