Tuesday, April 30, 2019
Company Law Coursework Example | Topics and Well Written Essays - 2500 words
Company rightfulness - Coursework ExampleThis legislation is a critical constituent of the constitution since it provides guidance to corporate entities2. Initially, confederacy coiffe begins by establishing diverse moving in forms. The key forms include partnership, sole proprietorship and companies. mend proprietorship Sole proprietorship is the oldest business structure normally founded by a single party. Consequently, the founder of the musical arrangement serves as the overall manager of the entity3. Sole proprietorship lacks a profound personality since the owner is accountable for the organization liabilities. Similarly, the revenues of this entity act as the income of the founder for tax purposes. Sole proprietorship is the most rampant form owe to easy in formation. Moreover, the entitys governance follows few regulations thus its ope balancens are easy to manage. in spite of the cellular inclusion of the business form in company law, the entity lacks levelheaded pe rsonality4. Therefore, strict legal analysis deters inclusion of Sole proprietorship in this legislation. Because of the absence of a distinct legal personality, the founder bears all legal consequences that relate to the entity5. Partnership Represents an organization founded by more than one individual. An assorted forms of this partnership make ups. Notably, the differences to the partnership exist due to obligation of the founding members6. Un contain liability characterizes a general partnership. Consequently, founders bear legal liability both individually and jointly for business transactions. This means that the entity has no legal individuality. Similarly, the founders coin a ratio that dictates sharing of profits. This ratio principally corresponds to the capital ratio. This section of the company provides the basis for dissolution of partnerships. Additionally, the legislation provides for limited partnership. Limited partnership deviates from the convectional partnersh ips by admitting partners with limited liability. Subsequently, the unlimited partner bears the blunt of the entitys losses. Partnerships suffer sixfold management hitches due to differing ideologies of the partners. However, the Company act provide for a treaty that guides the partnership. The treaty outlines how the partner go forth operate the entity. Moreover, it establishes the responsibility of the partners. Limited liability companies The Company act predominantly addresses this entity in detail. Fundamentally, a company represents an alliance of individuals with a unified objective. The legislation begins by establishing an entity with a distinct legal individuality7. The distinct legal individuality arose through judicial precedents. The distinct legal personality allows the entity to transact in its own identity. Additionally, a company can undertake legal action against a party. Similarly, the entity can be a suspect in litigation. Salmon vs. Salmon established the lega l identity of the companies. Salmon, a shoe designer, incorporated his business with himself as a debenture holder8. Additionally, the entity borrowed more money creating creditors. Owing to industrial upheaval, the entity collapsed and the creditor applied for liquidation of the entity. In adherence to the company act, the liquidators paid Salmon prior to the creditors. Nonetheless, the creditor argued that the entity was a deception hence creditor should receive refunds originally Salmon. The lords stated that the entity
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