The Issues Of Companies Act Of 2006

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LITERATURE REVIEW Introduction This chapter evaluates the features of disputes related to shareholders in private companies with regard to the Companies Act of 2006. The chapter will also discuss empirical research as well as its findings related to the Companies Act of 2006 coupled with various disputes and arguments related with it. It will include various claims with regard to the nature of such disputes and arguments along with the evidence available. Contemporary literature states that private companies are mostly established based on personal relationships and mutual trust of shareholders. In case there is any breakdown in shareholders’ relationships, then disputes may happen and these are known to be called as “exit disputes”. This…show more content…
THE COMPANY ACT 2006 Provisions such as limited liability on part of auditors, increased interest for shareholders, etc. are part of the Companies Act of 2006 in the UK. This Act includes limited liability by contract with regard to such an amount which is deemed reasonable and fair in all circumstances (Coffee, 2007). In the last few years, changes have been brought in terms of the legal regime in the UK’s governance system. For instance, since 1989, firms in the UK have been able to incorporate, in that the firms can form limited liability partnerships, wherein they can protect all the partners from any kind of personal bankruptcy unless the partners were responsible personally in any kind of faulty opinion in terms of audit. Nonetheless, firms in the UK have continued to choose abandoning the joint responsibility option for lucrative limited liability regime (Hicks, 2008). The firms in the UK have used the case of Arthur Anderson LLP to modify and reform joint and several liability based on two arguments and these were – collapse of a major firm under the pressure of aforementioned liability may leave the market concentrated; and liability risk can be considered as a barrier in terms of smaller firms who attempt to enter a concentrated market. Within the context of limited liability, there are more unique kinds of liabilities which are deemed to be missing from the Act
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