Company Law by Chris Shepherd, Ann Ridley

By Chris Shepherd, Ann Ridley

Key evidence Key instances corporation Law will make sure you take hold of the most thoughts of your organization legislation module very easily. This booklet explains the evidence and linked case legislation for:

- Shares

- Capital Maintenance

- Failure and Liquidation

- Directors

- Borrowing

Ann Ridley is meantime Dean, company and administration, Accounting and legislation on the collage of Gloucestershire.

Chris Shepherd is Lecturer in legislation at London South financial institution University.

Key proof Key situations is the basic sequence for someone learning legislation at LLB, postgraduate and conversion classes. The sequence offers the easiest and ultimate approach to take in and preserve the entire fabric crucial for passing your checks. each one bankruptcy includes:

  • diagrams firstly of chapters to summarise key points
  • structured headings and numbered issues to permit for transparent keep in mind of the basic points
  • charts and tables to collapse extra advanced information

Chapters also are supported through a Key Cases part which gives the best and ideal method to take up and memorise crucial instances wanted for examination success.

  • Essential and best circumstances are explained
  • The variety, format and motives are consumer pleasant
  • Cases are damaged down into key parts via use of a transparent approach of symbols for fast and simple visible recognition

Series editors: Jacqueline Martin and Chris Turner LLM, who's Senior Lecturer in legislation at Wolverhampton college.

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Extra resources for Company Law

Example text

2 As a result of legal reguÂ�laÂ�tion and the Stock Exchange Listing Rules, the law relatÂ�ing to duties of promoters is now of little pracÂ�tical importÂ�ance as far as public companÂ�ies are concerned. It may still have some relevÂ� ance to private companÂ�ies. 2╇ Who is a promoter? 1 The term promoter is one of fact, not of law. A promoter has been described as: ‘One who underÂ�takes to form a company with referÂ�ence to a given project and to set it going, and who takes the necesÂ�sary steps to accomÂ�plish that purpose’ (Cockburn CJ, Twycross v Grant (1877) 2 CPD 469).

In such cases an injunc�tion may be obtained requir�ing the direct�ors not to continue to allow the name to be registered. 1╇ Introduction 1 During the nine�teenth century it was common for people setting up a new company to raise money by offer�ing shares to the public. This provided an oppor�tun�ity for abuse, and the prin�ciples described below were developed in response to this. 2 As a result of legal regu�la�tion and the Stock Exchange Listing Rules, the law relat�ing to duties of promoters is now of little prac�tical import�ance as far as public compan�ies are concerned.

C) Damages for breach of fiduÂ�ciary duty (Re Leeds & Hanley Theatres (1902)) – however, the scope of this remedy is someÂ�what uncerÂ�tain. 7 At common law a promoter may be liable in tort for loss caused by fraud or negliÂ�gence, for example a promoter who buys premises for the company above the market value. 4 Pre-incorporation contracts 1 The company, once incorÂ�porÂ�ated, is recogÂ�nised by the law as a separÂ�ate legal person. As such it can act only through agents (see Chapter 4). Agency probÂ�lems arise when a person purports to make a contract for a company prior to incorÂ�porÂ�aÂ�tion because the prinÂ�cipal (the company) does not yet exist.

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