Download or read book Company Law Significance of corporate personality and the meaning of lifting the veil of incorporation written by Louise Franklin and published by GRIN Verlag. This book was released on 2012-10-24 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2012 in the subject Law - Miscellaneous, grade: A, University of Westminster, course: BSc Accounting and Business Management, language: English, abstract: This is a critical assessment of the meaning and significance of the corporate personality doctrine and explains how it is applied in practice. It also contains an explanation of what is meant by "lifting the veil of incorporation" and critically assesses in which types of situation it may be applied.
Download or read book Company Law written by Louise Franklin and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporate Personality in the 20th Century written by Ross Grantham and published by Hart Publishing. This book was released on 1998-04-19 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book places aspects of company law in a theoretical and historical perspective and considers the issues whivh cause its technicalities.
Download or read book Cases and Materials in Company Law written by L. S. Sealy and published by Oxford University Press. This book was released on 2007-10-04 with total page 783 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases and Materials in Company Law is well-established as the best casebook on company law available. It covers all vital cases and combines sophisticated commentary with well-chosen notes and questions. This edition retains the original successful structure and style, whilst being fully updated to reflect changes following the Companies Act 2006.
Download or read book The Multinational Challenge to Corporation Law written by Phillip I. Blumberg and published by Oxford University Press. This book was released on 1993-04-08 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern multinational corporate groups of incredible complexity conducting world enterprises through numerous subsidiaries have rendered traditional corporation law archaic. The traditional concept of each corporation as a separate legal unit clashes with modern economic realities and frustrates effective regulation when applied to affiliated corporations collectively conducting a common enterprise. In response, there is emerging a law of corporate groups directed at the enterprise rather than its corporate components. As national legal systems begin to apply enterprise law to multinationals, including their foreign companies, the resulting extraterritorial application of national law inevitably leads to international controversy. Resolution of the problems presented by conflicting national regulation of multinational enterprises presents a major challenge to international law and foreign relations law, as well as to corporation law. This volume is a comprehensive review and analysis of these major legal developments and their economic and political implications. It concludes with a pathbreaking analysis of the jurisprudential implications of the changing corporate personality in enterprise law focusing on economic organization rather than on the conceptualized legal entity of yesterday.
Download or read book Company Law written by Alan J. Dignam and published by Oxford University Press, USA. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: PART I: Fundamental Principles 1.: Introduction to company law 2.: Corporate personality and limited liability 3.: Lifting the veil 4.: Promoters and pre-incorporation contracts 5.: Raising capital: equity and its consequences 6.: Raising capital: debentures - fixed and floating charges PART II: Behind the Corporate Veil 7.: Share capital 8.: The constitution of the company: memorandum and articles of association: dealing with insiders 9.: Classes of shares and variation of class rights 10.: The principle of majority rule 11.: Statutory shareholder remedies Part III: Corporate Authority 12.: The constitution of the company: dealing with outsiders 13.: Corporate management 14.: Directors' duties 15.: Corporate governance 1: corporate governance and corporate theory 16.: Corporate governance 2: the UK corporate governance debate 17.: Corporate rescue and liquidations.
Download or read book Piercing the Corporate Veil written by Michala Rudorfer and published by GRIN Verlag. This book was released on 2009-07 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2006 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: A (1,0), New York University School of Law, language: English, abstract: Corporate law aims at protecting shareholders from being subject to personal liability for the risks of conducting business. The state created a corporate fiction which is a separate legal entity and distinctive from the shareholders and which offers the primary advantage of limited share-holder liability. The underlying notion is to encourage shareholders to provide capital and take on risky investments. In this way, the risk is shifted towards third parties and costs are external-ized. Overall, this investor attitude encourages economic development. Hence, limited liability can be seen as the "cornerstone of capitalism". However, as moral hazard comes into play, the externalization costs might exceed the benefits and, thus, damage third parties. In order to pro-mote justice, the presumption of limited liability must be occasionally rebutted and personal li-ability imposed on shareholders. This concept known as piercing the corporate veil will be elabo-rated on in detail in this paper. The doctrine is of crucial importance since it is the most litigated issue in corporate law. Regrettably, it is also among the most confusing areas of law. "'Pierc-ing' seems to happen freakishly. Like lightening, it is rare, severe, and unprincipled." The objective of this paper is to lift the confusion of the doctrine and answer the question whether piercing the corporate veil is a sound concept. Moreover, it will be analyzed whether it is the pre-vailing alternative in dealing with the moral hazard problem of limited liability. Therefore, Part I will start with an explanation of piercing and the historical development of the doctrine. Competing doctrines of piercing will be presented and form the basis for the subsequent analysis of the main requirements for piercing. To illustrate the applica
Download or read book The Anatomy of Corporate Law written by Reinier Kraakman and published by OUP Oxford. This book was released on 2009-07-23 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the long-awaited second edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively updated to reflect profound changes in corporate law. It now includes consideration of additional matters such as the highly topical issue of enforcement in corporate law, and explores the continued convergence of corporate law across jurisdictions. The authors start from the premise that corporate (or company) law across jurisdictions addresses the same three basic agency problems: (1) the opportunism of managers vis-à-vis shareholders; (2) the opportunism of controlling shareholders vis-à-vis minority shareholders; and (3) the opportunism of shareholders as a class vis-à-vis other corporate constituencies, such as corporate creditors and employees. Every jurisdiction must address these problems in a variety of contexts, framed by the corporation's internal dynamics and its interactions with the product, labor, capital, and takeover markets. The authors' central claim, however, is that corporate (or company) forms are fundamentally similar and that, to a surprising degree, jurisdictions pick from among the same handful of legal strategies to address the three basic agency issues. This book explains in detail how (and why) the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets.
Download or read book Freedom of Movement for Companies Within the EU written by Jenny Haberer and published by Grin Publishing. This book was released on 2010-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2007 in the subject Business economics - Law, grade: 2,3, Anglia Ruskin University, language: English, abstract: The way towards a single European Market is still blocked with obstacles in regard of free movement and establishment of companies. Unresolved issues remain, due to lack of harmonisation in law. The parallel existence of the Incorporation Theory and the Real Seat approach is accepted and manifested in the EC Treaty. Court's judgments for four particular cases are discussed. A harmonised legal framework is essential for the success and continuity of the Union in the future.
Download or read book The Origin of Consciousness in the Breakdown of the Bicameral Mind written by Julian Jaynes and published by Houghton Mifflin Harcourt. This book was released on 2000-08-15 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Book Award Finalist: “This man’s ideas may be the most influential, not to say controversial, of the second half of the twentieth century.”—Columbus Dispatch At the heart of this classic, seminal book is Julian Jaynes's still-controversial thesis that human consciousness did not begin far back in animal evolution but instead is a learned process that came about only three thousand years ago and is still developing. The implications of this revolutionary scientific paradigm extend into virtually every aspect of our psychology, our history and culture, our religion—and indeed our future. “Don’t be put off by the academic title of Julian Jaynes’s The Origin of Consciousness in the Breakdown of the Bicameral Mind. Its prose is always lucid and often lyrical…he unfolds his case with the utmost intellectual rigor.”—The New York Times “When Julian Jaynes . . . speculates that until late in the twentieth millennium BC men had no consciousness but were automatically obeying the voices of the gods, we are astounded but compelled to follow this remarkable thesis.”—John Updike, The New Yorker “He is as startling as Freud was in The Interpretation of Dreams, and Jaynes is equally as adept at forcing a new view of known human behavior.”—American Journal of Psychiatry
Download or read book I Love Jesus But I Want to Die written by Sarah J. Robinson and published by WaterBrook. This book was released on 2021-05-11 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compassionate, shame-free guide for your darkest days “A one-of-a-kind book . . . to read for yourself or give to a struggling friend or loved one without the fear that depression and suicidal thoughts will be minimized, medicalized or over-spiritualized.”—Kay Warren, cofounder of Saddleback Church What happens when loving Jesus doesn’t cure you of depression, anxiety, or suicidal thoughts? You might be crushed by shame over your mental illness, only to be told by well-meaning Christians to “choose joy” and “pray more.” So you beg God to take away the pain, but nothing eases the ache inside. As darkness lingers and color drains from your world, you’re left wondering if God has abandoned you. You just want a way out. But there’s hope. In I Love Jesus, But I Want to Die, Sarah J. Robinson offers a healthy, practical, and shame-free guide for Christians struggling with mental illness. With unflinching honesty, Sarah shares her story of battling depression and fighting to stay alive despite toxic theology that made her afraid to seek help outside the church. Pairing her own story with scriptural insights, mental health research, and simple practices, Sarah helps you reconnect with the God who is present in our deepest anguish and discover that you are worth everything it takes to get better. Beautifully written and full of hard-won wisdom, I Love Jesus, But I Want to Die offers a path toward a rich, hope-filled life in Christ, even when healing doesn’t look like what you expect.
Download or read book Not for Profit Law written by Matthew Harding and published by Cambridge University Press. This book was released on 2014-05-08 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law and policy applicable to the not-for-profit sector is of growing importance around the world. In this book, legal experts address fundamental questions about not-for-profit law from a range of theoretical and comparative perspectives. The essays provide scholarly analysis of not-for-profit law, organised around four themes: (1) Politics, in the broader sense of living as a community, and the narrower sense of political power; (2) Charity, how it is defined and changes in its meaning over time; (3) Taxation, including the rationale for government support of the sector through the tax system; (4) Regulation, which is of increasing significance as governments establish increasingly complex forms of regulation of not-for-profit activity. The fundamental aim of the book is to deepen our understanding of not-for-profit law and of the rationales and modes of government support for the not-for-profit sector.
Download or read book Piercing the Corporate Veil Doctrine in International Investment Agreements written by Anastasiia Dulska and published by . This book was released on 2018-05-28 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diploma Thesis from the year 2017 in the subject Law - Miscellaneous, grade: 1.7, Humboldt-University of Berlin (International Dispute Resolution Master of Laws (LL.M.) Programme), course: International Investment Arbitration, language: English, abstract: The piercing the corporate veil in ISDS plays a twofold role. From the investors' perspective, it is instrumental if a tribunal can ignore the difference between the legal personality of the company in which they invested in and the shares that they hold. Per contra, States also invoke this doctrine by trying to convince a tribunal to look at the true personalities involved and not to allow an investor to hide behind the veil of the different legal personalities. To address these competing interests, the author of this Master Thesis in Chapter II intends to analyse the characteristic pattern and standing of shareholders in bringing indirect claims aimed to persuade the tribunal to ignore the difference between the legal personality of a company and its shareholders and to look at the true interests at stake instead. In Chapter III, the applicability of the piercing the corporate veil doctrine will be approached from the States' perspective and when they invoke the denial of benefits clauses. On the basis of the foregoing, this Master Thesis purports to address the intersection between the jurisdiction of the arbitral tribunal in ISDS and the concepts of investor and investment underlying the application of the piercing the corporate veil doctrine. By doing so, the author of this Master Thesis explores the provisions of IIAs commented on by authoritative treatises, contemporary views embodied in articles, and jurisprudence of international investment treaty tribunals. In order to arrive at its findings and conclusions, this Master Thesis utilizes the method of description, method of conceptual analysis, comparative method, and method of evaluation.
Download or read book Mayson French Ryan on Company Law written by Derek French and published by Oxford University Press, USA. This book was released on 2013-08-22 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive textbook on company law investigates theoretical issues without sacrificing technical detail, and is ideal for academic and professional students.
Download or read book Legal Aspects of Business Concepts and Applications 2e written by Parul Gupta and published by Vikas Publishing House. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook introduces the Indian legal system and presents exhaustive discussion on laws which govern and regulate businesses. It focuses on the application of law based on which managers need to take decisions. It also maximizes its usefulness as textbook for business management students and managers through a huge number of cases and mini-case highlighting the legal issues of business entities. Aiming to provide the readers an understanding and knowledge of business-related laws, the book provides in-depth coverage of the law of contract and sale of goods, laws dealing with negotiable instruments, consumer rights, competition and also law regulating the incorporation and management of companies in India.
Download or read book Burning Down the House written by Nell Bernstein and published by New Press, The. This book was released on 2014-06-03 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: When teenagers scuffle during a basketball game, they are typically benched. But when Will got into it on the court, he and his rival were sprayed in the face at close range by a chemical similar to Mace, denied a shower for twenty-four hours, and then locked in solitary confinement for a month. One in three American children will be arrested by the time they are twenty-three, and many will spend time locked inside horrific detention centers that defy everything we know about how to rehabilitate young offenders. In a clear-eyed indictment of the juvenile justice system run amok, award-winning journalist Nell Bernstein shows that there is no right way to lock up a child. The very act of isolation denies delinquent children the thing that is most essential to their growth and rehabilitation: positive relationships with caring adults. Bernstein introduces us to youth across the nation who have suffered violence and psychological torture at the hands of the state. She presents these youths all as fully realized people, not victims. As they describe in their own voices their fight to maintain their humanity and protect their individuality in environments that would deny both, these young people offer a hopeful alternative to the doomed effort to reform a system that should only be dismantled. Burning Down the House is a clarion call to shut down our nation’s brutal and counterproductive juvenile prisons and bring our children home.
Download or read book Shareholders Claims for Reflective Loss in International Investment Law written by Lukas Vanhonnaeker and published by Cambridge University Press. This book was released on 2020-07-16 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.
