All posts in CONSTITUTIONAL LAW

5 The constitution of the company AIMS AND OBJECTIVES After reading this chapter you should be able to:   Identify the key documents making up the constitution of pre-2006 Act and post-2006 Act registered companies   Explain the key respects in which a pre-2006 Act company’s constitution differs from that of a . . . Read more

14 Minority shareholder protection AIMS AND OBJECTIVES After reading this chapter you should be able to:   Understand the proper claimant principle, its origins and shortcomings   Advise on the circumstances in which a shareholder may commence and will be permitted to continue a statutory derivative claim (s 260)   Recognise when a . . . Read more

1 Introduction to company law AIMS AND OBJECTIVES After reading this chapter you should understand:   The scope of ‘company law’   The relationship between core company law, insolvency law, securities regulation and corporate governance   The sources of company law   The importance in the study of company law of foundation course legal . . . Read more

17 Transparency AIMS AND OBJECTIVES By the end of this chapter you should be able to:   Identify the key public disclosures required of registered companies under the Companies Act 2006   Distinguish core company law public disclosure requirements from securities regulation disclosures required pursuant to the Financial Services and Markets Act . . . Read more

15 Restructuring, rescuing troubled companies and takeovers AIMS AND OBJECTIVES After reading this chapter you should understand:   When section 110 schemes of reconstruction are available and when they are typically used   When Part 26 schemes of arrangement are available and when they are typically used   The object and effect of . . . Read more

10 Legally binding the company AIMS AND OBJECTIVES After reading this chapter you should understand:   How companies execute and become bound by deeds   When a company will be bound by an apparently properly executed deed or other formal document which in fact has been improperly executed   The role and use . . . Read more

12 Directors’ duties: Conflict of interest duties AIMS AND OBJECTIVES After reading this chapter you should be able to:   Distinguish:   a director contracting (or having an interest in a contract) with his company   other conflict of interest situations   Understand the scope and operation of the two general conflict of interest . . . Read more

11 Directors’ duties: General considerations and management duties AIMS AND OBJECTIVES After reading this chapter you should be able to:   Discuss the rationale behind reform of directors’ duties   Discuss the extent to which the statutory statement of directors’ duties is a codification   Understand to whom directors’ duties are owed   Understand . . . Read more

13 Directors’ duties: Remedies and reliefs and director disqualification AIMS AND OBJECTIVES After reading this chapter you should be able to:   Understand common law and equitable remedies for breach of directors’ duties   Understand the civil consequences of failure to comply with statutory provisions governing directors contracting with their companies   Recognise . . . Read more

6 Financing a company AIMS AND OBJECTIVES After reading this chapter you should be able to:   Identify the basic methods of funding a company’s operations   Recognise a financing lease distinct from an operating lease   Identify six types of debt financing   State the benefits to a lender of a secured loan . . . Read more