Registration of Company Charges

2002 ◽  
Vol 6 (2) ◽  
pp. 146-175 ◽  
Author(s):  
G L Gretton
Keyword(s):  
Present Article ◽  
Limited Liability ◽  
England And Wales ◽  
General Law ◽  
The Creation ◽  
A Company ◽  
Land Register ◽  
Charge Part ◽  
Do So

Part XII of the Companies Act 1985 requires “charges” granted by companies (and also limited liability partnerships) to be registered. This requirement is additional to the requirements of general law about the creation of security rights. For example, if a company grants a security over land, the security must be registered twice, once (under general law) in the Land Register, and a second time as a “company charge”. Part XII contains two sets of rules, one for England and Wales, and one for Scotland, the latter being largely a copy of the former. The Scottish provisions have hitherto never been closely analysed. The present article attempts to do so. The conclusion of the analysis is that the provisions are irrational.

Effectiveness of clauses restricting equity transfer in articles of association of limited liability companies using fuzzy AHP: A data analysis of related cases in China from 2010 to 20191

2021 ◽  
pp. 1-12
Author(s):  
Peng Chen ◽  
Yingzhi Nie
Keyword(s):  
Fuzzy Ahp ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Analytic Hierarchy ◽  
Legal Norms ◽  
The Past ◽  
Analytic Hierarchical Process ◽  
Closed Characteristics ◽  
A Company ◽  
External Equity

Based on the company cases published in China over the past ten years, both theoretical methods and Artificial intelligence technologies were applied to analysis cases data on the effectiveness of clauses restricting equity transfer in articles of association of limited liability companies (LLCs). With its unique characters based on shareholders and strong vitality, limited liability company (LLC), as the “evergreen tree” among the market players, is a company form adopted by many investors. Nevertheless, due to its prominent closed characteristics, equity transfer has become a bottleneck for the development of LLCs. According to this paper, it is necessary to distinguish between the effectiveness of clauses restricting internal and external equity transfer in articles of association of LLCs. Fuzzy Analytic Hierarchical Process (AHP) is utilized for which involves process of analytic hierarchy modelled with utilizing theory of fuzzy logic. Moreover, instead of being confined to the existing legal norms, the judgment standard of clauses restricting equity transfer in articles of association of LLCs should be comprehensively measured by the golden rules, i.e. “fairness”, “autonomy” and “operability”.

scholarly journals Quantifying the Impact of Production Globalization through Application of the Life Cycle Inventory Methodology and Its Influence on Decision Making in Industry

Processes ◽  
2021 ◽  
Vol 9 (8) ◽  
pp. 1271
Author(s):  
Humberto. J. Prado-Galiñanes ◽  
Rosario Domingo
Keyword(s):  
Decision Making ◽  
Carbon Footprint ◽  
Chain Model ◽  
Fundamental Factor ◽  
Supply Chain Model ◽  
The Social ◽  
The Impact ◽  
A Company ◽  
Key Parameter ◽  
Do So

Industries are nowadays not only expected to produce goods and provide services, but also to do this sustainably. What qualifies a company as sustainable implies that its activities must be defined according to the social and ecological responsibilities that are meant to protect the society and the environment in which they operate. From now on, it will be necessary to consider and measure the impact of industrial activities on the environment, and to do so, one key parameter is the carbon footprint. This paper demonstrates the utility of the LCI as a tool for immediate application in industries. Its application shall facilitate decision making in industries while choosing amongst different scenarios to industrialize a certain product with the lowest environmental impact possible. To achieve this, the carbon footprint of a given product was calculated by applying the LCI method to several scenarios that differed from each other only in the supply-chain model. As a result of this LCI calculation, the impact of the globalization of a good’s production was quantified not only financially, but also environmentally. Finally, it was concluded that the LCI/LCA methodology can be considered as a fundamental factor in the new decision-making strategy that sustainable companies must implement while deciding on the business and industrial plan for their new products and services.

June–September 2018

2019 ◽  
Vol 21 (1) ◽  
pp. 72-78
Author(s):  
Frank Cranmer
Keyword(s):  
Annual Income ◽  
England And Wales ◽  
Church Congregations ◽  
Charity Commission ◽  
On Line ◽  
Mail Address ◽  
E Mail ◽  
Do So

The Charity Commission for England and Wales published an updated list of the questions to be included in the 2018 Annual Return for registered charities. The trustees of charities excepted from registration with the Commission – which include a considerable number of church congregations – are not required to submit an annual return; but an increasing number find that they must do so because when an excepted charity's annual income exceeds £100,000 it loses its excepted status. The previously expressed intention to require every charity trustee to provide an e-mail address has been abandoned; instead, the Commission intends to ask all trustees either to supply an e-mail address or to confirm that they do not have one – which looks very like a welcome climbdown. The Commission's on-line Annual Return Service opened for submissions on 20 August.

SFC reminding sponsors of the need to adopt an attitude of “professional scepticism”

2017 ◽  
Vol 18 (3) ◽  
pp. 82-84
Author(s):  
Gareth Hughes ◽  
James Comber
Keyword(s):  
Hong Kong ◽  
Design Methodology ◽  
Regulatory Regime ◽  
Group Company ◽  
Content Type ◽  
Professional Skepticism ◽  
Company Limited ◽  
A Company ◽  
Practical Implications ◽  
Do So

Purpose To remind sponsors to adopt an attitude of “professional skepticism” in Hong Kong IPOs. Design/methodology/approach Explains the Securities and Futures Commission (“SFC”)'s sanction on BOCOM International (Asia) Limited (“BIAL”) as a sign of determination to hold sponsors to account as gatekeepers to the Hong Kong capital markets. Findings The SFC has reprimanded and fined BIAL HK$15 million for failing to discharge its duties as a sole sponsor in a listing application for China Huinong Capital Group Company Limited (“China Huinong”), a company established in the PRC. This substantial fine reinforces the need for sponsors to ensure that they fully and properly discharge all of their duties, and that they will be held responsible for any failure to do so, even if the listing is not ultimately approved. Practical implications If sponsors fail to fulfil the requirements required under the sponsors’ regulatory regime, the SFC will be proactive and impose tough sanctions, even if the listing application is eventually withdrawn or returned by the SEHK. Originality/value Practical guidance from experienced regulatory, financial and commercial dispute resolution lawyers.

scholarly journals Love in the time of Covid-19: a case-study of the complex laws governing weddings

Legal Studies ◽  
2021 ◽  
pp. 1-17
Author(s):  
Rebecca Probert ◽  
Stephanie Pywell
Keyword(s):  
First Century ◽  
Marriage Law ◽  
England And Wales ◽  
General Law ◽  
The Social ◽  
The Future ◽  
Fit For Purpose ◽  
The Law ◽  
The Impact

Abstract During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.

scholarly journals Relevant Issues of the Judicial Practice in Intellectual Property Protection

CIVIL LAW ◽  
2021 ◽  
Vol 1 ◽  
pp. 7-10
Author(s):  
Konstantin A. Kirsanov ◽  
◽  
Olga N. Barmina ◽  
Keyword(s):  
Intellectual Property ◽  
Present Article ◽  
Civil Law ◽  
Intellectual Property Protection ◽  
Judicial Practice ◽  
Main Current ◽  
A Company

Intellectual property is currently one of the key areas of modern civil law relations. In the present article, the authors reviewed and summarized the main current areas of judicial practice in the field of violations related to the exclusive rights to a company name, characters and trademarks.

scholarly journals Impact of Social Responsibility on the Quality of Company Governance

2019 ◽  
Vol 65 (2) ◽  
pp. 21-29
Author(s):  
Ana Jurić ◽  
Aleksandra Zupanc ◽  
Tjaša Štrukelj
Keyword(s):  
Social Responsibility ◽  
Limited Liability ◽  
Added Value ◽  
Socially Responsible ◽  
Company Governance ◽  
Research Findings ◽  
Definition Of ◽  
A Company

AbstractThe central aim of the article is company governance, i.e., researching governance of a company that does not want to be only financially successful but also direct its governance toward socially responsible governance. The article begins with the definition of “theoretical backgrounds,” in which social responsibility in regard to company governance improvement in quality is explained. The article then focuses on the measurement of the quality of company governance; in the research, the selected tool chosen to evaluate the governance of the chosen company regarding social responsibility, i.e., SEECGAN index, is used. Further, the case study of a Slovenian public limited liability company is used. One of the important research findings is the recognition that the addressed part of the SEECGAN index needs to be innovated and further developed. Additional questions for the completion of the index used presents the added value of the article. This article has two limitations: 1) it focuses only on the tool chosen to evaluate the governance of the chosen company regarding social responsibility; 2) the case study is based on publicly accessible data.

scholarly journals Análise crítica da teoria dos direitos humanos na obra de Michel Villey

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Gustavo Rabay Guerra ◽  
Henrique Jerônimo Bezerra Marcos
Keyword(s):  
Human Rights ◽  
General Theory ◽  
John Locke ◽  
Thomas Hobbes ◽  
Christian Wolff ◽  
Legal Norms ◽  
The Creation ◽  
The Given ◽  
Intrinsic Contradiction ◽  
Do So

RESUMOEste artigo tem por objeto a Teoria dos Direitos Humanos em Michel Villey. Seu objetivo é apresentar uma contestação à alegação de Michel Villey de que os direitos humanos não podem ser considerados Direito. Para tanto, realiza uma apresentação da Teoria dos Direitos Humanos em Michel Villey, passando pela criação dos direitos humanos em Thomas Hobbes, a inversão de objetivos dos direitos humanos em John Locke e a expansão dos direitos humanos em Christian Wolff. Em seguida passa a apresentar a crítica de Michel Villey aos direitos humanos e as falhas deste autor ao realizar suas acusações, haja vista a possibilidade de solução das contradições (colisões) entre os direitos humanos, além de que não se pode confundir o critério de validade da norma com sua eficácia. O trabalho conclui pela juridicidade dos direitos humanos ao demonstrar que a suposta contradição não seria razão para retirar esta qualidade.PALAVRAS-CHAVEFilosofia do Direito. Direitos Humanos. Michel Villey. ABSTRACTThe present work deals with the General Theory of Human Rights in Michel Villey. Its purpose is to present a challenge to Michel Villeys’ claim that human rights are not legal norms. To do so, the text presents the General Theory of Human Rights in Michel Villey, including the creation of human rights by Thomas Hobbes, the changing perspective attributed to John Locke and the numerical expansion of human rights attributed to Christian Wolff. The text then presents Michel Villeys’ critics of human rights and the problems with those critics; specifically, that the given conflicts between norms aren’t sufficient to declare that they aren’t legal norms, other than that, the text points that in his critics Michel Villey confuses the concepts of validity of the norm with its effectiveness. The work concludes that human rights are legal norms and its supposed intrinsic contradiction is not sufficient to withdraw this quality.KEYWORDSPhilosophy of Law. Human Rights. Michel Villey.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

scholarly journals The Problem of Eternity of the World in the Philosophical-Theological Theory of Grigor Tatevatsi

wisdom ◽  
2017 ◽  
Vol 8 (1) ◽  
pp. 95
Author(s):  
Seyran ZAKARYAN
Keyword(s):  
Necessary Being ◽  
The World ◽  
The Will ◽  
The Creation ◽  
Providence Of God ◽  
Do So ◽  
Will Of God

The famous Armenian theologian and philosopher Grigor Tatevatsi (1346-1409) in his teaching tries to compare the biblical truth of creation with the philosophical postulate regarding the eternity of the world. Principally, being a creationist thinker, he criticized the theories that made the Materia co-eternal to God, meanwhile, he proposed the following arguments regarding the eternity of the world: a) before the creation the world existed actually by influence in the providence of God as an immaterial paradigm; b) the world is eternal because it is linked to eternity; c) the God is the eternal and always actual being, therefore the world was created eternal and the eternal is the necessary being which never can become none-being; d) the will of God is unchangeable, He cannot make the created world become non-being otherwise His will would change; e) the God does not make the world become non-being not because He is unable to do so but due to the boundless goodness; f. the world is eternal because the four elements and qualities that are the basis of it, are eternal. Therefore, even though the arguments proposed by Tatevatsi are based on and contain typical ideas of Neoplatonism, one has to take into account that he speaks of the eternity of the created world rather than co-existence of world with the God.

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