We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Company Law - Essay Example

Comments (0)
Summary
An Evaluation of the Relevance of the Legal Capital Rules in Hong Kong in Relation to the Provisions of the Companies Ordinance Regarding Par Value Shares and the Restrictions upon Reduction of Capital and Share buy backs
As juridical persons that maintains separate entity from…
Download full paper
GRAB THE BEST PAPER
Company Law
Read TextPreview

Extract of sample
Company Law

Download file to see previous pages... In the United Kingdom, the enactment of the Companies Act 2006 has created a venue for corporations to return the capital investment to their shareholders to the detriment of their creditors. With more liberal provisions on the distribution of profits to it investors (see UK companies Act 2006 Sections 830 - 831), UK companies have more leeway when it comes to giving out dividends. Like in the United Kingdom, there are also provisions in the Hong Kong Companies Ordinance (Caption 32) that give companies more room to maneuver the release of funds of the company to its shareholders.
Provisions on the maintenance of legal capital, the reduction of capital and shares buy backs in the Hong Kong Companies Ordinance give plenty of options to companies in terms of redistribution of capital shares to shareholders. Moreover, the Hong Kong Companies Ordinance is now going through a review process and during the series of consultation conducted by the government; some sectors believe that the revisions in the Companies Ordinance would make it easier for companies to circumvent the protection of legal capital3.
Since there are provisions of the law that give more powers to the company to return capital to its shareholders, there are many sectors that believe that the protection of creditors under the legal capital rules is dead4. Their argument is that if the companies can reduce the amount of capital, buy back their shares of stocks at lower prices and distribute profits to its shareholders even if the company still have to recovered losses from previous years, creditors may not be able to collect their money in due time5.
Despite the fact that the protection of creditors under the rules of legal capital has already been eroded, we cannot really say that this protection is already dead or totally useless. We have to understand that under Hong ...Download file to see next pagesRead More
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Company Law
The study helps to analyze the legal matters associated with the companies act and to distinguish between situations under which a person serving for the organization are held guilty and in situations where he is simply let off. It can concluded that the court of Law is very much strict with matters of fraud and punishes the convict and provides him with no opportunity to hide behind the reasons of serving his obligation for the company.
6 Pages(1500 words)Essay
Company Law
This paper seeks to perform an IRAC analysis of fraudulent phoenix activity, whereby the issue, rule, analysis, and conclusion will be made. Issue Australian corporate law has always sought to reinforce commercial and entrepreneurial risk taking, since these are essential to the creation of wealth, as well as the continuous functioning of the market (Adams, 2012).
6 Pages(1500 words)Essay
Company Law
Note however, that the arbitration system and enforcement capacities also have a role to play as far as business law is concerned. Under this sphere are the commercial courts and the specialized economic courts. They come in when transactions between parties are not honored.
4 Pages(1000 words)Essay
Company Law
The law outlines that directors cannot receive any benefit from their position, unless they obtain an express legal authority from the board to do so. The Companies Act outlines that a director of a company must to circumvent situations in which the director possess, or can manifest an express or indirect interest that diverges of may clash with the interests of the company.
8 Pages(2000 words)Essay
Company Law
It has been enforced with the intention to govern the operations of the corporate houses of the country and instructs them to operate with the best interest of all the stakeholders involved with them1. As per the Company Law, it is commonly admitted that company is a separate legal entity which advocates that the members of the company are distinct from the corporate body.
12 Pages(3000 words)Essay
Company law
It is particularly owing to the fact that the extension of the case led to the foundation of the Salomon principles in relation to Company Law related statutes. The principle, in simple terms, implies that the company has been legally incorporated and accordingly it should be considered as an independent person with certain specific rights along with liabilities to guide its operations.
10 Pages(2500 words)Essay
Company Law - English law
Under its equitable discretion the court may disregard the apparent form of limited liability personae, and focus on the actual substance. Hence there are decisions which have distinguished the apparent form of a limited company to show it for This is sometimes referred to in the literature as 'lifting the veil of incorporation'.
10 Pages(2500 words)Case Study
Company law
When legal provisions that govern the interaction of employers and employees are violated, or when either party fails to meet their legal obligations, lawsuits are highly likely to occur. In the Chandler v Cape plc [2012] EWCA 525 case, a health and safety issue resulted in a
2 Pages(500 words)Essay
Company Law
Incorporation refers to the process of legally creating a corporate entity, as separate from that of the owners of the organization1. This
8 Pages(2000 words)Essay
Company law
In other words, this verdict has provided a veil between an owner and a company and through this veil the owner would not be personally blamed or persecuted if corporate actions have been taken on behalf of the company; Thereby, the company would itself be
10 Pages(2500 words)Essay
Let us find you another Essay on topic Company Law for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us