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.
Nobody downloaded yet

Company law - Essay Example

Comments (0)
In deciding which type of business organisation to choose for your intended Estate Agency business (the “Business”), there are a number of factors to be considered. The two main options available to you are that of a Partnership and a Private Company limited by shares. Each…
Download full paper
Company law
Read TextPreview

Extract of sample
Company law

Download file to see previous pages... It must be emphasized that the Partnership is nothing but a collection of individuals and not a separate entity in itself. As such, there is no concept of limited liability. All the partners are jointly and severally liable for the debts of the business. This means that the creditors of the business can not only seize the assets which were put into the Business by the partners, but also to the personal assets of the partners. So for example if your Business defaults on the loan that you intend to take out from Credit Crunch Bank, then not only will the £10,000 put in by each partner be liable for forfeiture, but the personal assets of the partners will also be up for grabs. To emphasize the point, under a partnership there is no dividing line between the Business and the Partners themselves.
A private company limited by shares is different. Here a company will be incorporated having separate legal personality and the Business will be carried out by this company. In the eyes of the law, the company is a separate person just like all you and your fellow colleagues are different people. Any debts of the company will remain its own and will not flow over to the shareholders. Similarly, any assets contributed to the company will belong to the company and will no longer be a part of the shareholder’s estate.
The main duty of the shareholder is to contribute to the value of the share. Once this is done, there is no further liability on the shareholder. Even if the company later faces debts, the personal assets of the shareholder are safe. The concepts of separate legal personality and limited liability come together to ensure that the liability of the shareholder is limited to any amounts unpaid on the price of the shares and nothing else. So if, as before, the company defaulted on the Credit Crunch Bank loan, then only the assets of the business such as the £10000 each contributed as capital by you and your colleagues would ...Download file to see next pagesRead More
Comments (0)
Click to create a comment or rate a document
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:
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