Essays Tagged: "Legal personality"
Discuss how English Company Law addresses the concern regarding the protection of minority shareholders?
The law concerning separate legal personality is largely governed by the 19th century case Foss v Harbottle, this case translate ... y governed by the 19th century case Foss v Harbottle, this case translates the doctrine of separate legal personality, the statutory contract and the principle of the majority rule. In Foss v Harbottl ... nt showed that the plaintiff claim had to fail.The rationale behind is that a company is a separate legal entity with an identity of its own bound by the articles and the memorandum of association. Th ...
Subjects: Law & Government Essays
Company Legal Entity.
The notion of separate legal entity and limited liability first created by the case Salomon v. Salomon & Co Ltd [1897] ... rtantly, permit those who own and control it to be immune from liability.I evaluate and discuss the legal position regarding the above statement with reference to the Corporations Act 2001 and relevan ... ds in Salomon v Salomon & Co Ltd evinces the accuracy of Gooley's observation that the separate legal entity doctrine was a "two-edged sword".[2] At a general level, it was a good decision. By est ...
Subjects: Law & Government Essays
The legal position regarding the notion of separate legal entity and limited liability.
ally the beginning of company law as we understand it today. In Salomon's case, there were two main legal issues raised which hadn't been noticed before: whether an artificially formed entity been reg ... the liabilities when conjunctures of the company occurs. Afterward, two important notions: separate legal entity and liability came into people's mind after they had pondered a lot from the case.In Sa ...
Subjects: Businesss Research Papers > Case Studies
Raising of the Corporate Veil - ENRON
ses might outlive the proprietors. Thus surfaced the concept of treating the business as a separate legal entity. Then, to encourage a spirit of entrepreneurship and risk-taking, the concept of limite ... ften divergent. In this section, we discuss these concepts as they apply to corporates.1.1 Separate Legal EntityThe word "corporation" derives from the Latin corpus (body), representing a "body of peo ...
Subjects: Businesss Research Papers > Case Studies
Protection of Information: One of the Internet Security topics
property rights2.Computer systems and protection of informationa.problem of information protectionb.legal aspectsc.purposes3.Computer crimesa.definitionb.statisticsc."hackers" and "crackers"III.Conclu ... mational system is a person, who purchased these objects or got as a gift, heredity or by any other legal way.The informational systems, technologies and means of their providing can be considered as ...
Subjects: Science Essays > Computer Science
Corporate characteristics
entity does have the right to acquire property in its own name. Because it is considered a separate legal entity it is treated and conducted with the same right and responsibilities as that of a perso ... the same right and responsibilities as that of a person. As a legal entity the corporation receives legal rights and duties. Five rights always exist for a corporation: the ability to sue and be sued ...
Subjects: Businesss Research Papers
Characteristics of a Corporation
parate and distinct from its owners. (Weygandt, 2005, p. 527) Since, a corporation is a legal entity; it can sell shares of ownership which is referred to as stock without affecting its op ... at sole proprietors and partnerships do not have. Some of these advantages include being a separate legal entity with limited liability, ease of generating capital and transferring ownership, lack of ...
Subjects: Businesss Research Papers
ACCOUNTING FRAMEWORK - GENERAL ACCEPTED ACCOUNTING PRINCIPLES
and profitability of the business.It should be also made a clear distinction between accounting and legal entities. In some cases the two coincide. For example, corporations, trusts and governmental a ... e two coincide. For example, corporations, trusts and governmental agencies are both accounting and legal entities.The proprietorship is an accounting entity, as indicated by the fact that all assets ...
Subjects: Businesss Research Papers > Accounting
Incorporating a Business
been told that if he chooses to incorporate his business, the company will be treated as a separate legal person.(a) List and explain the purpose of the documents that George would have to submit in o ... rivate company limited by shares.(b) Explain the meaning of the expression 'a company is a separate legal person' and state what practical effect incorporation will have on the conduct of George's bus ...
Subjects: Law & Government Essays > Law
1)the doctrine of incorporation and its exceptions 2)the division of powers between the Board of directors and the General Meeting
A business company once created and will gain a legal personality, a juristic body, detach and different from its members and shareholders, and able ... t was whether Mr Salomon was permitted to recuperate the value of his debentures and whether he was legally responsible for the companys owing money to its unsecured creditors .The Court of Appeal a ... That is, I think, the declared intention of the enactment.[1]Per Lord Halsbury:Once the company is legally incorporated, it must be treated like any other independent person with rights and liabiliti ...
Subjects: Businesss Research Papers > Case Studies
Orgainsation Business Law
sonal liable, which means the assets exceed the statutory limit. She is not entitled to the benefit.Legal IssuesWho own the funds in two bank accounts?Can the corporate veil be lifted?Relevant Statute ... veil be lifted?Relevant Statute and case lawS 15 Companies Act 1993 states the company has separate legal personality - a company is a legal entity in its own right separate from its shareholders and ...
Subjects: Businesss Research Papers > Case Studies
company law assignment separate legal personality
sion relates to corporate entity or personality. As noted a key feature of the company is that is a legal person with a separate existence from the company's members� or its directors. It is an ... that Salomon decided to turn his business into a Limited company, Salomon & Co. Ltd. As per the legal requirement then, Salomon subscribed seven people as shareholders of the company.He being the ...
Subjects: Law & Government Essays > Law
Differences between Sole Proprietorship and Partnerships
le proprietorship is the simplest business form under which one can operate a business. It is not a legal entity and simply refers to a person who owns the business and is personally responsible for i ...
Subjects: Businesss Research Papers > Accounting