2. Incorporation

2018 ◽  
Author(s):  
Lee Roach
Keyword(s):  
Civil Liability ◽  
Asset Ownership ◽  
Essential Information ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Royal Charter ◽  
A Company

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the process of incorporation and the advantages and disadvantages of conducting business through a company. The three principal methods by which a company can be incorporated are: incorporation by Act of Parliament, incorporation by Royal Charter, and incorporation by registration. The advantages of incorporation include perpetual succession, asset ownership, and the ability to commence legal proceedings. The disadvantages of incorporation include increased formality, regulation, publicity, and civil liability.

2. Incorporation

2020 ◽  
pp. 16-42
Author(s):  
Lee Roach
Keyword(s):  
Civil Liability ◽  
Asset Ownership ◽  
Essential Information ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Royal Charter ◽  
A Company

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the process of incorporation and the advantages and disadvantages of conducting business through a company. The three principal methods by which a company can be incorporated are: incorporation by Act of Parliament, incorporation by Royal Charter, and incorporation by registration. The advantages of incorporation include perpetual succession, asset ownership, and the ability to commence legal proceedings. The disadvantages of incorporation include increased formality, regulation, publicity, and civil liability.

3. Incorporation

2016 ◽  
Author(s):  
Lee Roach
Keyword(s):  
Civil Liability ◽  
Asset Ownership ◽  
Essential Information ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Royal Charter ◽  
A Company

EachConcentraterevision guide is packed with essential information, key cases, revision tips, exam Q&As, and more.Concentratesshow you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the process of incorporation and the advantages and disadvantages of conducting business through a company. The three principal methods by which a company can be incorporated are: incorporation by Act of Parliament, incorporation by Royal Charter, and incorporation by registration. The advantages of incorporation include perpetual succession, asset ownership, and the ability to commence legal proceedings. The disadvantages of incorporation include increased formality, regulation, and publicity; and civil liability.

scholarly journals Modern Directions of Forensic Experts Primary Training

2020 ◽  
pp. 1662-1670
Author(s):  
Oksana G. D'iakonova
Keyword(s):  
Initial Training ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Eurasian Economic Union ◽  
Foreign Countries ◽  
Effective Form ◽  
Special Knowledge ◽  
Forensic Expert ◽  
Level Of Training ◽  
And Training

No type of legal proceedings is complete without the involvement of experts for the production of expert research or specialists for consultation. In this regard, the question of determining the competence of these subjects by persons conducting the process who do not have special knowledge in the field in which the knowledgeable person specializes is very acute. The author determines the competence of the forensic expert and enumerates other requirements to the expert as a participant in the proceedings. The formation of competence is primarily influenced by the level of training, education of an expert or specialist. The main attention focuses on the disclosure of the main ways of initial training and retraining of forensic experts at the present stage: the traditional way of experts training; specialization in the specialty “Forensic examination”; master’s degree in programs of expert specialties. The existing types of training and retraining of forensic experts in Russia and some foreign countries, including the member States of the Eurasian economic Union (EEU), are analyzed. The traditional way of training of forensic experts and training under the program of specialization are revealed proceeding from historical conditionality and necessity of training of specialists for implementation of forensic activity. The positive and negative features of the training areas are highlighted, taking into account their impact on the formation of the competence of the forensic expert. The author emphasizes the need to develop existing forms of initial training of forensic experts, taking into account the advantages and disadvantages of each of them. The study concludes that it is necessary to apply the subjective criterion in order to determine the effective form of training of forensic experts

1. Overview

2019 ◽  
pp. 3-9 ◽  
Author(s):  
Derek French
Keyword(s):  
Company Law ◽  
Legal Person ◽  
Legal Proceedings ◽  
Basic Ideas ◽  
A Company

This chapter provides an overview of the work’s contents. It introduces the basic ideas of company law. A company is an artificial legal person capable of owning property, being a party to contracts, and being a claimant or defendant in legal proceedings. A company is created by registration at Companies House under the Companies Act 2006. A company is both an association of members (shareholders) and a person separate from its members. Members are not liable for the company’s debts. Members are only liable to make an agreed capital contribution in return for their shares. Members appoint directors to manage the company’s business and represent the company. Every company must have articles of association which set out the company’s constitution.

3. Incorporation

Company Law ◽  
2019 ◽  
pp. 51-76
Author(s):  
Lee Roach
Keyword(s):  
General Rule ◽  
Private Companies ◽  
Public And Private ◽  
Unfair Advantage ◽  
Secretary Of State ◽  
Different Types ◽  
Royal Charter ◽  
A Company

This chapter examines the various ways by which a company can be created and the different types of company that can be created. The process of creating a company is known as ‘incorporation’. There are four principal methods of incorporating a company: by royal charter; by Act of Parliament; by delegated authority; or by registration. The general rule is that the Companies Act 2006 (CA 2006) only applies to registered companies. However, in order to prevent unregistered companies being under-regulated and having an unfair advantage over registered companies, the CA 2006 provides that the Secretary of State may pass regulations that set out how the CA 2006 is applied to unregistered companies. There are a number of different company types that can suit a wide array of businesses. These include public and private companies. Companies can change their status by a process called re-registration.

8. Members’ remedies

2020 ◽  
pp. 151-173
Author(s):  
Lee Roach
Keyword(s):  
Essential Information ◽  
A Company

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the three principal remedies provided by law to members of a company: the derivative claim under Pt 11 of the Companies Act 2006 (CA 2006); the unfair prejudice remedy under Pt 30 of the CA 2006; and the petition for winding up the company under s 122 of the Insolvency Act 1986 (IA 1986).

3. The constitution of the company

2020 ◽  
pp. 43-60
Author(s):  
Lee Roach
Keyword(s):  
Common Law ◽  
Essential Information ◽  
The Common ◽  
A Company

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the company constitution. A company’s constitution consists primarily of the articles of association and agreements and resolutions affecting the company’s constitution. The constitution forms a statutory contract between the company and its members, and between the members themselves, but only those provisions relating to membership rights will constitute terms of the statutory contract. A company can alter its articles by passing a special resolution, although statute and the common law restrict a company’s ability to alter its articles.

Anti-Corruption Compliance Standards in the Aftermath of the Siemens Scandal

2009 ◽  
Vol 10 (8) ◽  
pp. 1343-1354 ◽  
Author(s):  
Karl Sidhu
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Washington Dc ◽  
Legal Proceedings ◽  
Board Directors ◽  
The Subject ◽  
Community Board ◽  
Corporate Community ◽  
A Company

Legal proceedings against Siemens AG arising from allegations of bribery were concluded on 15 December 2008 in Munich, Germany, as well as in Washington, DC. The Siemens case has been the largest of its kind. It has changed the compliance landscape and has brought criminal law out of its dark corner and to the attention of the corporate community. Board directors and other managers have painfully become aware that noncompliance with criminal law may not only threaten the existence of a company, but also may lead directly to personal criminal liability. The subject of compliance has also raised the attention of legal advisors and accountants that naturally must recommend the “best standard,” especially if the sensitive subject of corruption is concerned. Last but not least, prosecutors now have a deeper inside knowledge of corruption structures than ever before. Thus, compliance standards tend to rise expeditiously even without regulators taking any action. Siemens thereby smartly has lifted compliance to the “cornerstone” of its business and generally - in particular when it comes to anti-corruption programs -presents its improved and expanded compliance organization as a leading example.

scholarly journals Application of Image Segmentation in Surface Water Extraction of Freshwater Lakes using Radar Data

2020 ◽  
Vol 9 (7) ◽  
pp. 424 ◽  
Author(s):  
Sulong Zhou ◽  
Pengyu Kan ◽  
Janet Silbernagel ◽  
Jiefeng Jin
Keyword(s):  
Image Segmentation ◽  
Surface Water ◽  
Water Surface ◽  
Poyang Lake ◽  
Google Earth ◽  
Water Extraction ◽  
Freshwater Lakes ◽  
Essential Information ◽  
Advantages And Disadvantages ◽  
Otsu Method

Freshwater lakes supply a large amount of inland water resources to sustain local and regional developments. However, some lake systems depend upon great fluctuation in water surface area. Poyang lake, the largest freshwater lake in China, undergoes dramatic seasonal and interannual variations. Timely monitoring of Poyang lake surface provides essential information on variation of water occurrence for its ecosystem conservation. Application of histogram-based image segmentation in radar imagery has been widely used to detect water surface of lakes. Still, it is challenging to select the optimal threshold. Here, we analyze the advantages and disadvantages of a segmentation algorithm, the Otsu Method, from both mathematical and application perspectives. We implement the Otsu Method and provide reusable scripts to automatically select a threshold for surface water extraction using Sentinel-1 synthetic aperture radar (SAR) imagery on Google Earth Engine, a cloud-based platform that accelerates processing of Sentinel-1 data and auto-threshold computation. The optimal thresholds for each January from 2017 to 2020 are − 14.88 , − 16.93 , − 16.96 and − 16.87 respectively, and the overall accuracy achieves 92 % after rectification. Furthermore, our study contributes to the update of temporal and spatial variation of Poyang lake, confirming that its surface water area fluctuated annually and tended to shrink both in the center and boundary of the lake on each January from 2017 to 2020.

5. Corporate personality

2016 ◽  
Author(s):  
Derek French ◽  
Stephen W. Mayson ◽  
Christopher L. Ryan
Keyword(s):  
Human Rights ◽  
Corporate Law ◽  
Court Cases ◽  
Controlling Shareholder ◽  
Legal Personality ◽  
Legal Proceedings ◽  
Personal Rights ◽  
Piercing The Corporate Veil ◽  
A Company ◽  
Corporate Personality

This chapter deals with the legal personality of a company which is separate from its members, capable of owning property, entering into contracts, and being a party to legal proceedings. It considers the case Salomon v A Salomon and Co Ltd [1897] AC 22, in which the courts affirmed separate corporate personality by rejecting attempts, on behalf of creditors, to impose liability for a failed company’s debts on its controlling shareholder. The consequences of separate corporate personality are also discussed, particularly with respect to a company’s human rights (or personal rights). In addition, the chapter examines the process known as ‘piercing the corporate veil’ in relation to the evasion principle; how an artificial entity can have legal personality; and a number of particularly significant court cases. Finally, it looks at corporate law theory and the issue of company linguistics.

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