The Companies Act is established to improve the laws relating to companies and to provide for any sort of related and consequential matters. It came into operation on the 15th April, 1997. It is stated in the act that no society, association or group consisting of more than ten (10) persons can form any trade or business for the purpose of making a profit or rights unless it is incorporated under this act. The incorporation of companies state that one or more persons may incorporate a company, with or without limited liability, by signing and delivering articles of incorporation to the Registrar and otherwise complying with the requirements of this Division and the name of every incorporator shall be entered in the company’s register of members as soon as may be after the company’s registration. In addition to this, no individual who is under the age of eighteen (18) years, mentally ill shall form or join in the formation of a company under this Act. Furthermore, the Articles of Incorporation shall follow the form set out in respect to the proposed company by its proposed name, whether the liability of its members is limited or unlimited and if the liability of its members is limited whether it is limited by shares or by guarantee or by both shares and guarantee. The articles of incorporation that comply with this act, any company can come into existence on the date shown on its certificate of incorporation. Likewise, under section two (2) and seventeen (17) in the
Sesamware is a Japanese software company which is very popular for open source software. Sesamware got international approval with an online multiplayer fantasy dimension game, Para World in mid-1990. Para world was very popular in the world between 2001 and 2004. Firstly, it was installed as part of the bundle downloaded by hundreds of millions of gamers around the globe. The open source code helped to easily adapt every facet of computer life for all platforms and operating, networking, navigation and security systems.
1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer.
1.What are conversion factors? Why were conversion factors developed? How do they impact on which bond is cheapest to deliver? Under what conditions would there be no cheapest to deliver? Explain in detail.
1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.
Please note that this Assessment document has 8 pages and is made up of 7 Sections.
In the case in the text where someone purchased a used safe at an auction for $50, but
The thesis deals with the above concepts and discusses how the Companies Act 71 of 2008 (the Act) modified the law, particularly, by extending the legal capacity of a company and extinguishing or modifying the above rules which had previously restricted a company's ability
case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.
3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.
Please answer the questions posed at the end of each case study in essay form. Each essay will be judged on your capacity to present strong, logical discussions that support your conclusions.
The need for clarification on the board requirements for a majority of independent directors as it relates to corporate governance is of great importance and would be discussed in this write up.
During this 21st century, we find that almost every nation has companies set up and these institutions play a major role in the nation’s economy. We can find that new companies are being incorporated almost in a daily basis under the Companies Commission of Malaysia, in accordance with Companies Act 1965(The Act). However, we realised that the concept of separate legal entity derived its mere foundation from Salamon v. Salamon & Co Ltd which dates back to several centuries.
o Weakness: there is a societal imbalance in the distribution of resources, and it is virtually impossible for courts/legislatures to make important decisions that do not make someone worse off
When Haili and John registered a proprietary company or form a partnerships, there are some legal rules and regulations attached to each of the type. To face those rules and regulations appropriately, a proper consideration is required by the each party.They have to know that a proprietary company is a smaller form of a public company when a partnerships is a form of organization when two or more people gather and do a business together (Pearce 2015). Consideration from the party comes from the management of the company and the willingness to use their personal debts. When Haili and John wants to be a director of Sparkle Pty Ltd, they can form a partnerships or a proprietary company. A proprietary company is a small company under the Corporations act 2001 (Cth), thus a partnership is only bind under The Partnership Act 1985. If Haili and John wants to manage the organization and be liable for the debt that arise from the organization, they can form a partnerships. Therefore, a proprietary company is separate legal entity and the amount of each party are liable for only the number of shares they own on the company (Pearce 2015). There is another form of partnership called limited partnerships that the members can have limited liability but cannot manage on the partnership (Pearce 2015). According to Seago and Horvitz (1980), a partnerships may have a characteristics of minimum 2 or more members and each party is a liable party if the partnerships goes
Barriers to Collaboration: A Review on the Impact of Companies Act 2006 [Type the document subtitle] [Pick the date] [Type the company name] pc Table of Contents 1 Chapter 1: Introduction 4 1.1 Background to Study 4 1.2 Purpose of the Research 5 1.3 Research Aims and Objectives 6 1.4 Research Questions 6 1.5 Research Hypothesis 6 2 Chapter 2: Research Methodology 7 2.1 Introduction 7 2.2 Research Philosophy 7 2.3 Justification for choice of research philosophy– interpretivism 8 2.4 Research Approach 8 2.4.1 Deductive Approach – choice of research approach and justification 9 2.4.2 Mixed methods research 10 2.5 Research Design 10 2.6 Data Collection and Analysis 11 2.7 Sample size, method of data collection and justification 11 2.8 Ethical Issues 11 2.9 Validity and Reliability 12 2.10 Time Horizon 12 3 Chapter 3 - Literature Review 14 3.1 Introduction 14 3.2 The Company Act 2006 14 3.3 Shareholder Disputes 15 3.4 Informal Company Management 17 3.5 Barriers in Supply Chain Civil Industry 17 3.6 Collaborative Working and Conceptual Background 21 3.7 Managing Collaboratively 23 3.8 Main Contractor – Subcontractor Conflicts in Work Relationship 25 4 Chapter 4: Data Analysis and Interpretation 30 4.1 Quantitative Analysis 30 4.1.1 Shareholders’ Collaboration 30 4.1.2 Barriers to Shareholders’ Collaboration 32 4.1.3 Supply Chain collaboration 35 4.2 Comparison with Amendments made in Companies Act of India 48 4.3 Special Focus on Collaboration among Construction Companies 50