scholarly journals The Doctrine of Capital Maintenance and its Statutory Developments: An Analysis

2015 ◽  
Vol 4 ◽  
pp. 47-55
Author(s):  
Md Saidul Islam
Keyword(s):  
Capital Maintenance ◽  
A Company

This article emphasizes on the implication of the doctrine of capital maintenance which means the capital of a company needs to be kept intact for there is a contribution of the creditors and retaining the capital is normally expected to guarantee repayment to the creditors. Any reduction of capital can diminish the liability of members and consequently the position of the creditors can be vulnerable. Therefore, an attempt has been made by this study to reveal the origin, objective and application of the doctrine of capital maintenance to find out a way by which we can save the interest of the creditors as well as satisfy the needs of the modern business.Northern University Journal of Law Vol.IV 2013; p.47-55

9. Share Capital

2020 ◽  
pp. 163-178
Author(s):  
Imogen Moore
Keyword(s):  
Financial Assistance ◽  
Capital Maintenance ◽  
Private Companies ◽  
Public And Private ◽  
Share Capital ◽  
Statutory Law ◽  
Questions And Answers ◽  
The Law ◽  
A Company

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on share capital for public and private companies. The doctrine of capital maintenance ensures that the company has raised the capital it claims to have raised; and that the capital is not subsequently returned, directly or indirectly, to the shareholders. There is a great deal of (mainly statutory) law surrounding this doctrine This chapter considers the capital maintenance doctrine itself and many related topics, including: the issue of shares for non-cash consideration, issue of shares at a discount, reduction of capital, purchase of a company’s own shares, redeemable shares, payment of dividends, and financial assistance by a company for the purchase of its own shares.

9. Share Capital

2018 ◽  
Author(s):  
Imogen Moore
Keyword(s):  
Financial Assistance ◽  
Capital Maintenance ◽  
Share Capital ◽  
Statutory Law ◽  
Questions And Answers ◽  
The Law ◽  
A Company

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on share capital. The doctrine of capital maintenance ensures that the company has raised the capital it claims to have raised; and that the capital is not subsequently returned, directly or indirectly, to the shareholders. There is a great deal of (mainly statutory) law surrounding this doctrine This chapter considers the capital maintenance doctrine itself and many related topics, including: the issue of shares for non-cash consideration; issue of shares at a discount; reduction of capital; purchase of a company’s own shares; redeemable shares; payment of dividends; and financial assistance by a company for the purchase of its own shares.

9. Share Capital

2016 ◽  
Author(s):  
Imogen Moore
Keyword(s):  
Financial Assistance ◽  
Capital Maintenance ◽  
Share Capital ◽  
Statutory Law ◽  
Questions And Answers ◽  
The Law ◽  
A Company

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on share capital. The doctrine of capital maintenance ensures that the company has raised the capital it claims to have raised; and that the capital is not subsequently returned, directly or indirectly, to the shareholders. There is a great deal of (mainly statutory) law surrounding this doctrine This chapter considers the capital maintenance doctrine itself and many related topics, including the issue of shares for non-cash consideration; issue of shares at a discount; reduction of capital; purchase of a company’s own shares; redeemable shares; payment of dividends; and financial assistance by a company for the purchase of its own shares.

22. The doctrine of capital maintenance

2021 ◽  
pp. 531-583
Author(s):  
Brenda Hannigan
Keyword(s):  
Common Law ◽  
Financial Assistance ◽  
Capital Maintenance ◽  
Distribution Rules ◽  
The Common ◽  
A Company

This chapter discusses the doctrine of capital maintenance which precludes the return of capital, directly or indirectly, to the shareholders ahead of a winding up of the company. The discussion covers the purchase and redemption of a company’s own shares, reduction of capital, distributions to the members, and financial assistance by a company for the acquisition of its own shares. Purchase and redemption schemes (buy-backs) are common transactions and are discussed in detail as is the procedure for a reduction of capital. The key issue for creditors, however, is the risk posed by distributions to members and much of the chapter is devoted to discussing the distribution rules laid down in CA 2006, Part 23 and the common law. The chapter discusses the rules as to distributable profits and the liability of directors in the case of improper distributions and, in particular, their liability for dividends improperly declared.

17. The maintenance of capital

Company Law ◽  
2019 ◽  
pp. 462-497
Author(s):  
Lee Roach
Keyword(s):  
Financial Assistance ◽  
The Other ◽  
Capital Maintenance ◽  
Private Company ◽  
Public Companies ◽  
Share Capital ◽  
Other Hand ◽  
Limited Company ◽  
Stage Process ◽  
A Company

This chapter addresses what is known as the capital maintenance doctrine — a series of rules designed to protect the company's creditors by ensuring that capital is maintained and not returned to the company's members. Any limited company can reduce its share capital by passing a special resolution followed by court confirmation. A private company can reduce its share capital by passing a special resolution supported by a solvency statement. On the other hand, public companies are generally prohibited from providing financial assistance to others to acquire their shares. Meanwhile, a company can generally only pay a dividend out of distributable profits. The typical three-stage process for paying dividends is the directors recommend an amount to be distributed by way of dividend; the company declares the dividend by passing an ordinary resolution; and the dividend is paid out.

22. The doctrine of capital maintenance

Company Law ◽  
2018 ◽  
Author(s):  
Brenda Hannigan
Keyword(s):  
Financial Assistance ◽  
Capital Maintenance ◽  
A Company

This chapter discusses doctrine of capital maintenance. The doctrine of capital maintenance is essentially a collection of rules designed to ensure, first, that a company obtains the capital which it has purported to raise; and secondly, that that capital is maintained, subject to the exigencies of the business, for the benefit and protection of the company's creditors and the discharge of its liabilities. In particular, the doctrine of capital maintenance precludes the return of capital, directly or indirectly, to the shareholders ahead of a winding up of the company. The discussions cover the purchase and redemption of a company's own shares; reduction of capital; distributions to the members; and financial assistance by a company for the acquisition of its own shares.

scholarly journals GmbH and UG (Mini-GmbH): Protection of creditors in German law

2020 ◽  
Vol 58 (4) ◽  
pp. 134-148
Author(s):  
Jovana Joksović
Keyword(s):  
German Law ◽  
Limited Liability ◽  
Capital Maintenance ◽  
Legal Form ◽  
German Market ◽  
Share Capital ◽  
Law System ◽  
General Rules ◽  
Legal Forms ◽  
A Company

One of the most widespread forms of companies, not only in our, but also in other jurisdictions, are limited liability companies. This form gives clear advantages to its founders, but at the same time endangers the creditor's settlement. In this paper, the author lists and describes the ways of protecting the company's creditors in the German law, namely the creditors of GmbH and the newer UG (Mini-GmbH) with brief reviews of Serbian law and d.o.o. First of all, there is a possible liability of shareholders and directors of German companies in the very stage of establishment. Furthermore, payments to shareholders from the assets that are necessary to cover the share capital are prohibited. In addition to its legal minimum share capital of EUR 25.000, GmbH contains further institutes for adequate creditor protection, which makes it attractive not only to the founders, but also to its creditors. In 2008, with the Law on Modernization of the Rights of Limited Liability Companies and the Fight against Abuses (MoMiG), the German legal system introduced a new legal form of simplified GmbH (UG), which has the same nature with a few special characteristics. This is primarily the possibility of founding a company below the prescribed legal minimum of the share capital, namely 1 Euro. This legal form should be an alternative to the English "Limited", which was "flooding" the German market back then. This advantage brings certain restrictions, first of all in terms of capital maintenance rules. Due to the fact that d.o.o. has significant similarities with the general rules that apply to these legal forms of the German system, primarily due to similarities with UG in the form of a minimum share capital of 100 dinars, the characteristics and solutions of German law for the protection of creditors of this legal form will be analysed. At the end comes a brief review of the institute "piercing a corporate veil" in the German law system.

Mental health screening system using intranet setting in a company.

1999 ◽  
Author(s):  
Minoru Arai ◽  
Daisuke Mori ◽  
Tetsu Kawamura ◽  
Hideo Fumimoto ◽  
Masagi Shimazaki ◽  
...  
Keyword(s):  
Mental Health ◽  
Health Screening ◽  
Mental Health Screening ◽  
Screening System ◽  
A Company

Strategi Pemasaran Untuk Meningkatkan Jumlah Kunjungan Pada Obyek Wisata Kebun Raya Dan Kebun Binatang (KRKB) Gembira Loka Di Kota Yogyakarta

2017 ◽  
Vol 22 (1) ◽  
pp. 1-10
Author(s):  
Nur Wening ◽  
Muhammad Al Hasny ◽  
Ridha Fitryana
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Marketing Strategy ◽  
Swot Analysis ◽  
Internal Variable ◽  
External Variable ◽  
Collection Method ◽  
Data Collection Method ◽  
A Company

This research aims to formulate marketing strategy to increase visitors of Gembira Loka Garden and Zoo (KRKB Gembira Loka) in Yogyakarta. This research is qualitative research and uses interview, observation, and documentation as data collection method. The data is analyzed by using SWOT analysis with internal and external variable identification. The internal variable shows that location is the main strength of Gembira Loka KRKB with 0.17 by value and 5 by rating. From external variable, the result of EFAS table shows that Gembira Loka KRKB has good enough chance while the thread has less result than the chance. Gembira Loka KRKB is in quadrant 1, which is the position in which a company is considered to be in a beneficial situation due to its chance and strength. In such case, the company can utilize the chance by maximizing the strength. The following strategy to go through in this condition is supporting aggressive planning.

Perancangan dan Pembuatan Aplikasi Pendeteksi Kesalahan Penempelan Barcode pada Kemasan Produk Menggunakan Sistem Arduino Uno dan Sistem Komputasi (Studi Kasus PT. Duta Nichirindo Pratama)

2020 ◽  
Vol 5 (1) ◽  
pp. 78
Author(s):  
Ade Sumaedi ◽  
Makhsun Makhsun ◽  
Achmad Hindasyah
Keyword(s):  
Unified Modeling Language ◽  
Database Design ◽  
Black Box ◽  
Design System ◽  
Modeling Language ◽  
Unified Modeling ◽  
Uml Diagrams ◽  
Arduino Uno ◽  
Menu Design ◽  
A Company

PT. Duta Nichirindo Pratama is a company engaged in the field of Autoparts Manufacture. Barcode is the identity of an item / product on the package. Barcode technology has been used as the identity of goods in a production. Barcodes are used to facilitate the identification of goods produced. Paste the barcode on the packaging of packaging results at PT. Duta Nichirindo Pratama is done manually, but there are often errors attached to the barcode on a similar packaging. This research will design and create a system based on Visual Basic.Net and Arduino to select barcode attachment errors that have the potential to be sent to consumers. The system is designed using Unified Modeling Language (UML) diagrams, database design and interface menu design. The system created will then be tested to detect the black box test. With a computing-based design system that functions to detect barcodes on the packaging automatically, the problem of sticking barcodes on the packaging can be detected.

Sign in / Sign up

Export Citation Format

Share Document