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Sample Tutorial Answers (HBL221N Company Law) To answer all legal questions‚ students are to follow the essential steps of: (1) Identification of the issues in the questions; (2) State the relevant laws that can be used to resolve the issues in the questions; (3) Application of the relevant laws to the facts in the questions to resolve the issues in the questions (i.e. arguments); and (4) Conclusion based on arguments in Point (3). Your conclusion must resolve your issues in Point (1). NOTE:
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the loan contract between ABC bank and Sambal Pty Ltd is invalid. State the law: Section 140 of the corporations act states that: “A company’s constitution (if any) and any replaceable rules that apple to the company have effect as a contract: (a) Between the company and each member; and (b) Between the company and each director and company secretary; and (c) Between a member and each other member; Apply the law: According to section 140‚ a company’s constitution is only an internal governance
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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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National Law Institute University‚ Bhopal A Project Of Law of Business Association-II On Buy Back of Shares Submitted to:- Submitted by:- Asso. Prof. (Dr.) Kondaiah J. Roll No. - 2009 B.A. LL.B. Enrollment No. A-0 VIII Trimester III Year TABLE OF CONTENTS 1 Introduction 3 2 Understanding the Concept 3 2.1 Conceptual Conundrum 3 2.2 Methods of ‘buy-back’ 3 3 Law Governing Repurchase Of Shares
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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 in law with its own identity regardless
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COMPANY LAW MGMT3046 (MS37B) ACADEMIC YEAR 2011/2012 WORKSHEET 1 INTRODUCTION TO THE COMPANY LAW REGIME TYPES AND NATURE OF COMPANIES Learning objectives: The student should be able to: ✓ describe the various kinds of companies that may be registered under the Companies Act; ✓ explain the distinction between private and public companies with reference to the relevant provisions of the Companies Act; ✓ explain the concept of limited
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Mr. Jarvis was a solicitor for Barking Council. He chose to go for Christmas holiday in Switzerland. He got a brochure from Swan Tours Ltd‚ which for Mörlialp‚ Giswil said the attractions were‚ "House Party Centre with special resident host. ... Mörlialp is a most wonderful little resort on a sunny plateau ... Up there you will find yourself in the midst of beautiful alpine scenery‚ which in winter becomes a wonderland of sun‚ snow and ice‚ with a wide variety of fine ski-runs‚ a skating rink and
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Faculty of Business and Management BBUS2103 Company Law January 2013 Companies Act 1965 Section 181: Member’s Remedy Name: Mohd Afiq bin Sahar NRIC No: 871226-43-5677 Matric No: 871226435677001 Pages 1. Introduction………………………………………………………………………….3 2. Example of oppressive‚ disregard of members’ interest and unfairly prejudicial or unfairly discriminatory conduct………………………………………5 Diversion of corporate assets or opportunity………………………………...5 Diversion of profits.…………………………………………………………
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Company Law – An Introduction Unit Code: DE5H 35 Outcome 1 Melissa Mackenna-500006315 Context Within this report you will find: 1.1. Introduction 1.2. Terms of Reference 1.3. Sole Traders 1.4. Partnerships 1.5. Corporate Bodies 1.5.1. Private Limited Companies 1.5.2. Public Limited Companies 1.6. Conclusion 1.7. Recommendations 1.8. Appendix 1.1. Introduction The aim of this report is to: Describe the differences in legal personalities and responsibilities between
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