8. Members’ remedies

2020 ◽  
pp. 151-173
Author(s):  
Lee Roach

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).

2020 ◽  
pp. 43-60
Author(s):  
Lee Roach

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.


Author(s):  
Lee Roach

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).


Author(s):  
Lee Roach

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.


2021 ◽  
Vol 17 (2) ◽  
pp. 353-372
Author(s):  
Set Asmapane ◽  
Annisa Abubakar Lahjie ◽  
Muhammad Ikbal ◽  
Zulfie Nur Risqi ◽  
Hartojo Fellisia Ersa

The emergence of a "new economy", which is principally driven by developments in information technology and science, has also sparked a growing interest in intellectual capital. One area that has attracted the attention of both academics and practitioners is the use of IC as an instrument to determine company value. management and reporting systems that have been established so far have continually lost their relevance because they are unable to provide essential information for executives to manage knowledge-based processes. Reporting on intellectual capital owned will be an added value for a company. So that reporting on intellectual capital will have an impact on improving financial performance. The implementation of Good Corporate Governance (GCG) is one of the governance systems considered to be able to provide changes for the company, so that the implementation of GCG is expected to have an impact on the wider disclosure of intellectual capital owned by a company and will have an impact on the better company performance. This research was conducted using a sample of manufacturing companies listed on the Jakarta Stock Exchange with a three-year research period, 2017 to 2019, with a sample size of 65 manufacturing companies and in analyzing the existing data, the SmartPLS tool was used. The results showed that the Intellectual Capital variable had a positive and significant influence on the company's financial performance variable, and the Good Corporate Governance variable did not have the effect to mediate the relationship between the Intellectual Capital variable and the Financial Performance variable. Keywords: Financial Performance, Intellectual Capital, Gcg


2019 ◽  
pp. 143-159
Author(s):  
James Marson ◽  
Katy Ferris

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 law governing company directors and shareholders. The common law duties on directors have been codified and expanded through the Companies Act (CA) 2006. Directors are responsible to the company itself, not to individual shareholders. Minority protection (of shareholders) is provided through the CA 2006 to restrict directors’ acts that may unfairly disadvantage them. Public companies must have a company secretary and they must satisfy statutory requirements in relation to their qualifications. Shareholders have no automatic right of management in the company although, through attendance and the rights to vote at shareholder meetings, they may have influence over the business conducted.


2020 ◽  
pp. 16-42
Author(s):  
Lee Roach

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.


Author(s):  
Lee Roach

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 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.


2020 ◽  
Vol 19 (1) ◽  
pp. 101-110
Author(s):  
Veerasak Punyapornwithaya ◽  
◽  
Kunnanut Klaharn ◽  
Chalutwan Sansamur ◽  
Warangkana Kitpipit ◽  
...  

Analysis of trend and seasonality for production data is essential for establishing planning and strategy for future marketing. The aims of this study were 1) to determine the trend and seasonality of milk production and 2) to compare the quantity of milk among dairy cooperatives in Chiang Mai. Monthly milk production data from 7 dairy cooperatives and a company collected during 2016-2020 were analyzed for trend and seasonality using time series methods. Overall milk productions in 2019 was compared among dairy cooperative using a general linear mixed model. Results showed that most of the dairy cooperatives showed an increasing trend for milk production. The milk productions from all dairy cooperatives had a similar seasonality pattern as the highest milk production was found in the period of March to May. Among dairy cooperative, Chaiprakarn was the top rank in milk production (2581.73±50.46 tons/month). This study provided essential information for dairy cooperative boards, government sectors, private sectors, and other stakeholders to plan and manage the amount of milk in the future.


Author(s):  
Lee Roach

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 focuses on one of the vital roles played by members of a company, namely their ability to make decisions. A significant amount of power is placed into the hands of members and numerous key decisions are reserved for them alone. This chapter looks at the rules by which general meetings are run and discusses the effectiveness of the general meeting.


Author(s):  
Lee Roach

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 legal position of persons in the process of incorporating a company (known as ‘promoters’), and the legal relationship that exists between them and the unformed company and with any third parties who contract with the promoters or the company prior to it being incorporated. A promoter cannot make a secret profit out of the company’s promotion and will usually be personally liable on a contract entered into on behalf of a company if that company had not been incorporated at the time the contract was entered into.


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