All posts tagged Unlocking Company Law

WINDING UP AND DISSOLUTION OF A COMPANY

16 Winding up and dissolution of a company AIMS AND OBJECTIVES After reading this chapter you should be able to:   Identify the different types of winding up   Decide whether a document creates a fixed or floating charge Determine the order of priority of charges against the same property   Appreciate the . . . Read more

CAPITAL MAINTENANCE AND DISTRIBUTIONS

8 Capital maintenance and distributions AIMS AND OBJECTIVES After reading this chapter you should be able to:   Understand how share capital can protect a creditor and why its relevance declines over the life of a company   Explain the scope of ‘capital maintenance’ laws   State the minimum share capital requirements   Appreciate . . . Read more

COMPANY FORMATION AND LINKED ISSUES

4 Company formation and linked issues AIMS AND OBJECTIVES After reading this chapter you should be able to:   Register a company   Understand the importance and usefulness of company registration numbers   Decide whether a proposed name for a company will be accepted by the registrar of companies   Understand when a company . . . Read more

THE COMPANY AS A DISTINCT AND LEGAL PERSON

3 The company as a distinct and legal person AIMS AND OBJECTIVES After reading this chapter you should be able to:   Understand the consequences of a company having a separate legal personality from its owners and managers   Understand the concept of the limited liability of shareholders   Analyse and distinguish   legal . . . Read more

CORPORATE GOVERNANCE

9 Corporate governance AIMS AND OBJECTIVES After reading this chapter you should be able to:   Identify the key organs of governance of a company   Discuss the division of power between the board of directors and shareholders   Discuss four methods by which shareholders make valid decisions   Call a company meeting   Discuss . . . Read more

LEGAL STRUCTURES OF BUSINESS ORGANISATIONS

2 Legal structures of business organisations AIMS AND OBJECTIVES After reading this chapter you should be able to:   Categorise private businesses in the UK according to legal structure   Recognise unincorporated business organisation legal structures   Recognise incorporated business organisation legal structures   Understand the different types of registered companies available   Identify the . . . Read more

SHAREHOLDERS, SHARES AND SHARE CAPITAL

7 Shareholders, shares and share capital AIMS AND OBJECTIVES After reading this chapter you should be able to:   Understand the nature of a share and the rights and liabilities of a shareholder   Explain the concept of a class of shares   Distinguish equity and non-equity shares   Discuss what is and what . . . Read more

THE CONSTITUTION OF THE COMPANY

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

MINORITY SHAREHOLDER PROTECTION

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

INTRODUCTION TO COMPANY LAW

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