Discuss the various grounds upon which the Court can order that a company be wound up compulsorily. B.H McPherson defines winding-up as a process whereby the assets of a company are collected and realised‚ the resulting proceeds are applied in discharging all its debts and liabilities‚ and any balance which remained after paying the cost and expense of winding-up is distributed among the members according to their rights and interests or otherwise dealt with as the constitution of the company
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DISSOLUTION AND WINDING UP DISSOLUTION - change in the relation of the partners caused by any partner ceasing to be associated in the carrying on of the business; partnership is not terminated but continues until the winding up of partnership affairs is completed WINDING UP - process of settling the business or partnership affairs after dissolution CAUSES OF DISSOLUTION: 1. Without violation of the agreement between the partners a. By termination of the definite term/ particular undertaking
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LAW (PARTNERSHIP AND CORPORATION) GAMMAD‚ MARY JANE M. (Art. 1833-1836) ARTICLE 1833 Where the dissolution is caused bythe act‚ death or insolvency of partner‚ eachpartner is liable to his co-partners for his share of any liability created by any partner acting for thepartnership as if the partnership had not beendissolved unless: 1.)The dissolution being the act of anypartner‚ the partner acting for thepartnership had knowledge of thedissolution; or 2.)The dissolution being by the death orinsolvency
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Art. 1817. Any stipulation against the liability laid down in the preceding article shall be void‚ except as among the partners. Stipulation eliminating liability. If there is a stipulation exempting any of the partners from liability to third persons‚ such stipulation is void as to third person but valid among the partners. Art. 1818. Every partner is an agent of the partnership for the purpose of its business‚ and the act of every partner‚ including the execution in the partnership name of
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of winding up. The Official Liquidator has paid them till the date of the appointment of Provisional Liquidator‚ taking that as the relevant date. Since this view taken by the Official Liquidator affects large number of workmen of the Mill under liquidation. o M/s. Swadeshi Mills Co. Ltd. was one of the leading Mills in Mumbai. The Company‚ when it was in operation‚ had approximately 2970 employees. The Company had substantial immovable assets. o The
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Legal Environment of Business in Bangladesh Legal Environment of Business in Bangladesh 1 Legal Environment of Business in Bangladesh A Report On “Legal Environment of Business in Bangladesh” Course Title Legal Environment of Business Course Code LAW-234 Submitted to Abeer Khandker Lecturer Faculty of Business Administration ASA University Bangladesh Submitted by Name ID Hosnain Ahmed 092-12-0002 Riyadh Ahmed 092-12-0003 Mahmudul Hassan 092-12-0006 Tasmia Kamal 092-12-0017 Nafisa
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Directors’duties(dd): I.Duties of care and diligence:1whether is a director(d)?s9definesas:(a)appointed:(i)executive director(ii)alternative director(iii)non-executive director(iv)nominee director.(b) not validly appointed (i)they act in the position of a d (de facto d);(ii)d of coy or body are accustomed to act in accordance with the person’s instructions or wishes. (shadow d).2.duty of care and diligence:Assessing whether a breach has occurred:(i)were a reasonable d in the corp’s circumstances
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TIONG HUNG MING v. KALIMANTAN HARDWOOD SDN BHD; WEELUK HOLDING SDN BHD (APPLICANT) HIGH COURT SABAH & SARAWAK‚ SIBU [COMPANIES (WINDING UP) NO: 20-28-2-1997] HAMID SULTAN ABU BACKER JC 18 JUNE 2008 COMPANY LAW: Winding up - Stay of proceedings - Application for - Whether a stay under s. 243 Companies Act 1965 could be given as of right - Whether stay of Winding up order should be sparingly exercised if no appeal pending - Whether there were cogent reasons for granting stay The applicant
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Joint-Stock Company: A joint-stock company is a business entity which is owned by shareholders. Each shareholder owns the portion of the company in proportion to his or her ownership of the company’s shares (certificates of ownership). This allows for the unequal ownership of a business with some shareholders owning a larger proportion of a company than others. Shareholders are able to transfer their shares to others without any effects to the continued existence of the company. In modern corporate
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Business Law II Bankruptcy Law Project Directions: this project will be worth 20 points (10 points + 10 points extra credit). Complete your answers on this paper. Highlight your answers in bold to differentiate them from the questions. Save your project in Word or as an RTF (Rich Text Format) and then upload this assignment to the drop box. In order to do this assignment you must watch the bankruptcy video at http://www.flmb.uscourts.gov/videos/bkbasicsvideo.htm If you have trouble loading
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