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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of a company. And the common law has extended the scope of “promoter” further in Tracy v Mandalay Pty Ltd (1953) 88 CLR 215. In this case‚ the High Court held that the promoters are not just these persons who take an active part in the formation process‚ but also these who profits from the operation of the company with a passive role. Applying this doctrine to the case study‚ Alicia can be regarded as one of the promoters of Batco Ltd‚ since she had involved in the formation of the company and
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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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UNIVERSITY LGST201 COMPANY LAW Topic 1 - Introduction to the Company General Reading: Woon‚ chapters 1 and 2 (you may omit paras 1.73 – 1.1041). Note that Woon references below are to the Revised 3rd edition (2009) (corresponding references to the 3rd edition (2005) are footnoted). Legend - Very important. Must know! - Less important (but doesn’t mean can ignore!) 1. General Themes The company is essentially an artificial person created by law. What this “person”
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Paper F4 (ENG) CHAPTER Corporate and business law 8 Companies and legal personality Contents 1 2 3 The features of a limited company Types of company Advantages and disadvantages of incorporation: the veil of incorporation © EWP Go to www.emilewoolfpublishing.com for Q/As‚ Notes & Study Guides 199 Paper F4: Corporate and business law (English) The features of a limited company Comparison of companies with other forms of business The meaning of separate legal personality
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organizations in Singapore with the intent of profit generation are categorized under two main types of corporations‚ either unincorporated or incorporated. The law treats each entity differently. Unincorporated Entities Unlike the incorporated entities‚ an unincorporated entity business does not have separate legal personality. The law does not separate the people who establish the business and the business itself. In other words‚ the rights and liabilities of the unincorporated entity are treated
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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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legal effect of common law and the Companies Act 1965 on pre-incorporation contracts. Pre-corporation contract is one which is entered into when the Company is in the process of being incorporated but is not yet completed it. At common law such contracts were held to be void‚ as the company is not yet in existence. - Newborne v Sensolid Ltd. In the common law effect‚ Pre-incorporation contracts cannot‚ in theory‚ be made by the company or by its promoter since the company or the principal does not
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| | | | |Sole Proprietorship |Partnership |Un-incorporated Associations |Companies | | | | | | | | |
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personality Artificial‚ separate legal personality Registration at Companies House Limited liability Salomon • Issues arising from separate‚ artificial legal personality A. PROMOTERS • Background • Definition - no statutory definition - 2 common law definitions • Twycross v Grant (1877) 2 CPD – someone who “undertakes to form a company with reference to a given project‚ and to set it going and… takes the necessary steps to accomplish that purpose” (Cockburn CJ) • Whaley Bridge Calico
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