scholarly journals Regulatory Issues on Raising Capital through Debentures by Public Companies in the United Kingdom

2019 ◽  
Vol 3 (2) ◽  
pp. 111
Author(s):  
Mohammad Belayet Hossain
Keyword(s):  
United Kingdom ◽  
Stock Exchange ◽  
Fixed Charge ◽  
Public Companies ◽  
Regulatory Issues ◽  
The Public ◽  
The United Kingdom ◽  
Fixed Charges ◽  
Lump Sum ◽  
A Company

Nowadays, it is common for the loans to be aggregated as a lump sum, which is then advanced to the company by the trustees. In this situation, the lenders subscribe for debenture stock, sometimes called loan stock, out of the fund. As with shares, such stock forms part of the company’s securities, which can be traded in the Stock Exchange. The lenders might require security for their loans. In this situation, a company will charge its property to secure the loan. In light of the Companies Act 2006 of the United Kingdom, this paper will analyze the various mechanisms whereby public companies raise money through debentures and the regulatory consequences of doing so. The companies legislation requires certain particulars of the charge to be registered. Therefore, this paper aims to reflect on: (a) how public companies borrow its capital through debentures or debenture stock; (b) what types of charge the public companies could issue to lenders as security; (c) how to differentiate between fixed and floating charges. This paper will also examine the question of priority among competing creditors and inconsistent decisions of the court regarding fixed and floating charges. The objectives of this paper are to: describe the meaning of ‘debenture', discuss the dispute relating granting a fixed charge over book debts, sketch the priority of charges and the statutory listing system, describe the meaning of book debts,  explain the character of and the differences between floating and fixed charges. This paper will provide recommendations that could be taken into consideration for future amendments of the Companies Act 2006.

scholarly journals ANALISIS KINERJA KEUANGAN PERUSAHAAN YANG TERMASUK DALAM KELOMPOK INDEKS LQ 45 DAN JII DENGAN MENGGUNAKAN ROE DAN ROA PADA BURSA EFEK INDONESIA TAHUN 2010

2011 ◽  
Vol 3 (2) ◽  
pp. 115-143
Author(s):  
Yan Noviar Nasution ◽  
Herdiyana Herdiyana
Keyword(s):  
Stock Exchange ◽  
Hypothesis Test ◽  
Test Results ◽  
Return On Assets ◽  
Public Companies ◽  
The Public ◽  
Significant Difference ◽  
The Difference ◽  
A Company

This Research is entitled The Analysis of the Financial Performance Companies which Included in groupan index to LQ 45 And JII by using ROE and ROAat IndonesiaStock Exchange in the Year of 2010. As for target of this research to know the difference between the mean of Return Equity on ( ROE) and Return On Assets ( ROA)of the public companies is merged into go to group of LQ 45 which have large asset and LQ 45 which have small asset, of the public companies is merged into go to group of JII whichhave large asset and JII which have small asset, and of the public companies is merged into go to group of LQ 45 which have large asset and JII whichhave large asset and also of the public companies is merged into go to group of LQ 45 which have small asset and JII whichhave small asset and of the public companies is merged into go to group of LQ 45 which have large asset and JII whichhave smallasset and also of the public companies is merged into go to group of LQ 45 which have small asset and JII whichhave large asset .The research method used is case study of the public companies which is merged into go to group of LQ 45 and JII ( Jakarta Islamic Index ) which are listed in Indonesia Stock Exchange. Analysis of the different test using the criteria of asset ownership, meaning the companies split in two groups of assets, the company went public that beraset beraset small and large. Where restrictions on the size of a company, obtained from the calculation of the average assets held by the sample firms went public in each group of assets While companies taken as sample is companies which enlist in two period of the announcement of Indonesia Stock Exchange or one fullyear of (2010) and data used in this research is data of secondary in Web IDX.Based on the hypothesis test results concluded that there are significant differences between the ROA average of the public companies is merged into go to group of LQ 45 which have large asset withthe average ROA of the public companies is merged into go to group of JII whichhave large asset or which have small asset. As well as that there are significant difference between the average the ROA of the public companies is merged into go to group of JII whichhave large asset with the average the ROA of the public companies is merged into go to group of JII whichhave small asset.While for the group of LQ45 indexthere is no significant difference between the ROA average of the public companies is merged into go to group of LQ 45 which have large asset with the ROA average of the public companies is merged into go to group of LQ 45 which have small asset. Meanwhile, for the ROE average in general there is no significant difference between of the public companies is merged into go to group of LQ 45orthe group ofJII, except between the ROE average of the public companies is merged into go to group of LQ 45 which have large asset withthe average ROE of the public companies is merged into go to group of JII whichhave large asset.

Part III Regulation of Financial Products, 6 Securities Offerings

2016 ◽  
Author(s):  
Arner Douglas W ◽  
Hsu Berry FC ◽  
Goo Say H ◽  
Johnstone Syren ◽  
Lejot Paul ◽  
...  
Keyword(s):  
Hong Kong ◽  
United Kingdom ◽  
Stock Exchange ◽  
Regulatory Framework ◽  
Public Companies ◽  
Public Offerings ◽  
Financial Products ◽  
The United Kingdom ◽  
Private And Public

This chapter looks at financial products and their regulation in relation to listings of securities on The Stock Exchange of Hong Kong (SEHK). Hong Kong’s system for listing and public offerings of securities is largely based on the pre-FSMA 2000 system of the United Kingdom. As such, it is based on a statutory framework established by the Companies (Winding Up and Miscellaneous Provisions) Ordinance (CWUMPO) and the Securities and Futures Ordinance (SFO). The chapter explains how non-statutory controls on offers of securities fall into two broad classes: securities to be admitted to listing and those which are not to be listed. The legal and regulatory framework of Hong Kong addressing public offerings and listings of company securities covers: private and public companies; public offerings and prospectus requirements; the means by which a company’s securities can become listed; preparation of prospectuses and listing documents; and continuing obligations of being listed.

The British Are Coming!

2018 ◽  
Author(s):  
Bernardo Bátiz-Lazo
Keyword(s):  
United Kingdom ◽  
Historical Record ◽  
Prime Mover ◽  
The Public ◽  
The United Kingdom

Chapter 3 (‘The British Are Coming!’) explains the origins of the technology in the United Kingdom. It is widely assumed that the operation of a machine in the Enfield branch of Barclays was the ‘prime mover’ in this industry. However, the historical record fails to identify a hero inventor; rather multiple independent versions of the cash machine were launched at more or less the same time in different countries. Yet in spite of the great fanfare, there was no real race to market. There is no evidence the engineers responsible for them knew of each other’s existence before this launch (but many bankers did). Four years later, very few members of the public knew the cash machine existed, even less had used them and only a handful found them convenient.

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

2000 ◽  
Vol 49 (3) ◽  
pp. 621-642 ◽  
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 ◽  
A Company

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.

scholarly journals The Determinants of Charity Misconduct

2017 ◽  
Vol 47 (1) ◽  
pp. 107-125 ◽  
Author(s):  
Diarmuid McDonnell ◽  
Alasdair C. Rutherford
Keyword(s):  
Multivariate Analysis ◽  
United Kingdom ◽  
Two Dimensions ◽  
Regulatory Action ◽  
The Public ◽  
Administrative Dataset ◽  
The United Kingdom ◽  
The Subject ◽  
Public Scrutiny

Charities in the United Kingdom have been the subject of intense media, political, and public scrutiny in recent times; however, our understanding of the nature, extent, and determinants of charity misconduct is weak. Drawing upon a novel administrative dataset of 25,611 charities for the period 2006-2014 in Scotland, we develop models to predict two dimensions of charity misconduct: regulatory investigation and subsequent action. There have been 2,109 regulatory investigations of 1,566 Scottish charities over the study period, of which 31% resulted in regulatory action being taken. Complaints from members of the public are most likely to trigger an investigation, whereas the most common concerns relate to general governance and misappropriation of assets. Our multivariate analysis reveals a disconnect between the types of charities that are suspected of misconduct and those that are subject to subsequent regulatory action.

scholarly journals Comparative Study on Copyright Exception for Teaching Purposes: Australia, Malaysia and the United Kingdom

2020 ◽  
Author(s):  
Ratnaria Wahid ◽  
Ida Madieha Abdul Ghani Azmi
Keyword(s):  
United Kingdom ◽  
Developed Countries ◽  
Copyright Law ◽  
Public Access ◽  
International Treaties ◽  
Human Right ◽  
The Public ◽  
The United Kingdom ◽  
Copyright Exception ◽  
Materials Used

While education is considered a basic human right, the copyright system however seems to hamper public access to information and knowledge. This is especially so when information that largely comes from developed countries are used as commodities that have to be bought by developing countries. This paper compares the international and national laws in Malaysia, United Kingdom and Australia on the copyright exceptions to materials used for teaching purposes. It analyzes the different ways countries manage and balance between copyright owners and copyright users’ interest and shows that in many circumstances, copyright owners are over-protected by national copyright systems although this is not required by international copyright law. This paper also shows that international treaties governing copyright law do allow some flexibility for member countries to implement copyright systems based on their own needs and circumstances but such opportunity is not fully utilized by member countries for the benefit of the public.  

scholarly journals Die Kulanz in der Schadensversicherung

2021 ◽  
Author(s):  
Jan Lucas Gutsche
Keyword(s):  
United Kingdom ◽  
Public Perception ◽  
Private Insurance ◽  
Economic Perspective ◽  
Future Change ◽  
Insurance Law ◽  
Legal Principles ◽  
The Public ◽  
The United Kingdom ◽  
Positive Light

Ex gratia is an integral part of the practice of private insurers. In the public perception, it is predominantly seen in a positive light. This work shows that ex gratia can neither always be reconciled with the legal principles of private insurance law, nor is it always unobjectionable from an economic perspective. The relevant German actors have so far remained inactive in this regard. A comprehensive legal comparison with the United Kingdom provides insightful guidance on how to enforce the legal conformity of ex gratia. The developments in the United Kingdom suggest that a future change in the approach in Germany is conceivable.

scholarly journals Does the Hunting Act 2004 adequately prevent the killing of foxes?

2019 ◽  
Vol 1 (1) ◽  
pp. 47-57
Author(s):  
Paige Austen ◽  
Nusrat Ahmed ◽  
Monika Adaemic ◽  
Shan Ahmed ◽  
Travis Aithawaite
Keyword(s):  
United Kingdom ◽  
Ethical Issues ◽  
Social Attitudes ◽  
Wild Mammals ◽  
The Public ◽  
The United Kingdom ◽  
British Culture

Foxes have been hunted for decades in the United Kingdom due to it being an essential part of British culture. However, nowadays the public are strongly against fox hunting. This is evident from The Hunting Act 2004 (Act 04) being enforced to protect wild mammals. Despite the Act being in effect there have been cases where suspected hunters have gotten away with being convicted of hunting as a result of loopholes within the current legislation. Therefore in order to improve the effectiveness of the Act it must be built upon. Through analysing the Act itself alongside cases, ethical issues of hunting and changing social attitudes, we will consider whether the Act can be altered so that it can adequately prevent the killing of foxes.

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