2. Registration

This chapter discusses the process of registration for the incorporation of companies under the Companies Act 2006. It considers the different basic types of companies, the distinction between private and public companies, the meaning of limited liability and the significant characteristics of the company created by the registration procedure (separate corporate personality, members, shareholding, directors, secretary, name, constitution and a registered office and domicile). The chapter discusses re-registration as a means of altering a company. It looks at a particularly significant case: Ebrahimi v Westbourne Galleries Ltd [1973] AC 360.

3. Registration

10.1093/he/9780198815105.003.0003 ◽

2018 ◽

Author(s):

Derek French

Keyword(s):

Limited Liability ◽

Public Companies ◽

Registration Procedure ◽

Registered Office ◽

Significant Case ◽

Private And Public ◽

A Company ◽

This chapter discusses the process of registration for the incorporation of companies under the Companies Act 2006. It considers the distinction between private and public companies, the meaning of limited liability and the significant characteristics of the company created by the registration procedure (separate corporate personality, members, shareholding, directors, secretary, name, constitution and a registered office and domicile). The chapter discusses re-registration as a means of altering a company. It looks at a particularly significant case: Ebrahimi v Westbourne Galleries Ltd [1973] AC 360.

3. Registration

10.1093/he/9780198870029.003.0003 ◽

2021 ◽

pp. 35-64

Author(s):

Derek French

Keyword(s):

Limited Liability ◽

Public Disclosure ◽

Public Companies ◽

Registration Process ◽

Registration Procedure ◽

Registered Office ◽

Private And Public ◽

A Company ◽

This chapter discusses the process of registration for the incorporation of companies under the Companies Act 2006. It considers the distinction between private and public companies, the meaning of limited liability and the significant characteristics of the company created by the registration procedure at Companies House, such as a company’s separate corporate personality (which is highly artificial), its members, shareholding, directors, secretary, name, constitution and its registered office and domicile. To deter misuse of companies, the registration process involves disclosing much information about a company which is then available for public inspection. This process of public disclosure continues throughout a company’s existence.

3. Registration

Mayson, French & Ryan on Company Law ◽

10.1093/he/9780198841517.003.0003 ◽

2019 ◽

pp. 39-68

Author(s):

Derek French

Keyword(s):

Limited Liability ◽

Public Companies ◽

Registration Procedure ◽

Registered Office ◽

Private And Public ◽

A Company ◽

This chapter discusses the process of registration for the incorporation of companies under the Companies Act 2006. It considers the distinction between private and public companies, the meaning of limited liability and the significant characteristics of the company created by the registration procedure (separate corporate personality, members, shareholding, directors, secretary, name, constitution and a registered office and domicile). The chapter discusses re-registration as a means of altering a company.

7. Share capital

Company Law ◽

10.1093/he/9780198848455.003.0007 ◽

2020 ◽

pp. 115-143

Author(s):

Alan Dignam ◽

John Lowry

Keyword(s):

Company Law ◽

Financial Assistance ◽

Public Companies ◽

Share Capital ◽

The Core ◽

Public Company ◽

Private And Public ◽

The Subject ◽

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines how company law governs maintenance of a company’s share capital, with emphasis on the distinction between private and public companies. It also discusses various ways in which shareholders might legally receive funds (‘distributions’) from the company, including issuance of shares and payment of shares in kind (that is, goods, property, or services rather than in cash). The relevance of the nominal value of shares issued to shareholders, the issue of paying dividends to shareholders, and disguised return of capital to shareholders are considered as well. The chapter also examines two other means of returning funds to shareholders, reduction of share capital and redemption or purchase by a company of its own shares, before concluding with an assessment of the prohibition and the exceptions concerning the issue of financial assistance for the acquisition of shares in a public company.

7. Share capital

10.1093/he/9780198811831.003.0007 ◽

2018 ◽

Author(s):

Alan Dignam ◽

John Lowry

Keyword(s):

Company Law ◽

Financial Assistance ◽

Public Companies ◽

Share Capital ◽

The Core ◽

Public Company ◽

Private And Public ◽

The Subject ◽

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines how company law governs maintenance of a company’s share capital, with emphasis on the distinction between private and public companies. It also discusses various ways in which shareholders might legally receive funds (‘distributions’) from the company, including issuance of shares and payment of shares in kind (that is, goods, property, or services rather than in cash). The relevance of the nominal value of shares issued to shareholders, the issue of paying dividends to shareholders, and disguised return of capital to shareholders are considered as well. The chapter also examines two other means of returning funds to shareholders, reduction of share capital and redemption or purchase by a company of its own shares, before concluding with an assessment of the prohibition and the exceptions concerning the issue of financial assistance for the acquisition of shares in a public company.

7. Share capital

10.1093/he/9780198753285.003.0553 ◽

2016 ◽

Author(s):

Alan Dignam ◽

John Lowry

Keyword(s):

Company Law ◽

Financial Assistance ◽

Public Companies ◽

Share Capital ◽

The Core ◽

Public Company ◽

Private And Public ◽

The Subject ◽

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines how company law governs maintenance of a company’s share capital, with emphasis on the distinction between private and public companies. It also discusses various ways in which shareholders might legally receive funds (‘distributions’) from the company, including issuance of shares and payment of shares in kind (that is, goods, property, or services rather than in cash). The relevance of the nominal value of shares issued to shareholders, the issue of paying dividends to shareholders, and disguised return of capital to shareholders are considered as well. The chapter also examines two other means of returning funds to shareholders, reduction of share capital and redemption or purchase by a company of its own shares, before concluding with an assessment of the prohibition and the exceptions concerning the issue of financial assistance for the acquisition of shares in a public company.

Centros Ltd—A Complete U-Turn in the Right of Establishment for Companies?

International and Comparative Law Quarterly ◽

10.1017/s0020589300064393 ◽

2000 ◽

Vol 49 (3) ◽

pp. 621-642 ◽

Cited By ~ 3

Author(s):

Anne Looijestijn-Clearie

Keyword(s):

United Kingdom ◽

Member State ◽

European Court Of Justice ◽

The United Kingdom ◽

Court Of Justice ◽

European Court ◽

Registered Office ◽

Set Up ◽

The Right ◽

InCentros Ltd and Erhvers-og Selskabsstyrelesen (hereinafter Centros),1 the European Court of Justice ruled that it is contrary to Article 52 (now Article 432) and Article 58 (now Article 48) of the EC Treaty for the authorities of a member State (in casu Denmark) to refuse to register a branch of a company formed under the law of another member State (in casu the United Kingdom) in which it has its registered office, even if the company concerned has never conducted any business in the latter State and intends to carry out its entire business in the State in which the branch is to be set up. By avoiding the need to form a company there it would thus evade the application of the rules governing the provision for and the paying-up of a minimum share capital in force in that State. According to the Court, this does not, however, prevent the authorities of the member State in which the branch is to be set up from adopting appropriate measures for preventing or penalising fraud, either with regard to the company itself, if need be in co-operation with the member State in which it was formed, or with regard to its members, where it has been determined that they are in fact attempting, by means of the formation of a company, to evade their obligations towards creditors established in the territory of the member State of the branch.

Reverse Logistic Strategy for the Management of Tire Waste in Mexico and Russia: Review and Conceptual Model

Sustainability ◽

10.3390/su10103398 ◽

2018 ◽

Vol 10 (10) ◽

pp. 3398 ◽

Cited By ~ 10

Author(s):

Maria-Lizbeth Uriarte-Miranda ◽

Santiago-Omar Caballero-Morales ◽

Jose-Luis Martinez-Flores ◽

Patricia Cano-Olivos ◽

Anastasia-Alexandrovna Akulova

Keyword(s):

European Union ◽

Reverse Logistics ◽

State Of The Art ◽

The European Union ◽

Public Companies ◽

Reverse Logistic ◽

Private And Public ◽

Key Aspects ◽

Social Entities ◽

High Degree

Management of tire waste is an important aspect of sustainable development due to its environmental, economical and social impacts. Key aspects of Reverse Logistics (RL) and Green Logistics (GL), such as recycling, re-manufacturing and reusable packaging, can improve the management of tire waste and support sustainability. Although these processes have been performed with a high degree of efficiency in other countries such as Japan, Spain and Germany, the application in Mexico and Russia has faced setbacks due to the absence of guidelines regarding legislation, RL processes, and social responsibility. Within this context, the present work aims to develop an integrated RL model to improve on these processes by considering the RL models from Russia and Mexico. For this, a review focused on RL in Mexico, Russia, Japan and the European Union (EU) was performed. Hence, the integrated model considers regulations and policies performed in each country to assign responsibilities regarding RL processes for the management of tire waste. As discussed, the implementation of efficient RL processes for the management of tire waste depends of different social entities such as the user (customer), private and public companies, and manufacturing and state-of-the-art approaches to transform waste into different products (diversification) to consider the RL scheme as a total economic system.

Corporate Personality

10.1093/oso/9780198858874.003.0002 ◽

2021 ◽

pp. 37-47

Author(s):

Eva Micheler

Keyword(s):

Third Parties ◽

Company Law ◽

Organizational Boundaries ◽

Legal Personality ◽

Corporate Form ◽

Organizational Action ◽

To Come ◽

A Company ◽

This chapter discusses how separate legal personality can be explained as a solution developed by company law to address the problem that organizations are social rather than brute facts. For a company to come into existence, certain documents need to be registered. These contain information that facilitates the interaction between the company and third parties. Registration as a company then gives an organization a public legal manifestation. The Companies Act does not limit the corporate form to organizational action. The corporate form can therefore be used for other purposes and organizational boundaries do not align with legal personality. But this does not undermine the observation that company law is designed for the operation of organizations.