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Business law lecture notes

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Uploaded on
July 3, 2021
Number of pages
3
Written in
2020/2021
Type
Lecture notes
Professor(s)
J
Contains
All classes

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Companies

sources of company law

legislation: a company is in law a corporation that is an artificial legal person with rights and
obligations distinct from those of its members. business associations were occasionally
made Cooperation's by royal charter from about the 16th century but until the industrial
revolution few businesses were incorporated.
the key theme behind the 2006 act is to reflect the reality of companies in operation today
much of the previous system was predicted on the basis of large companies being the norm
whereas the vast majority of companies are owner managed with only a very small number
of people involved. therefore, meaning numerous companies acts were introduced during
the 19th and 20th centuries culminating in the current regime provided by the Companies
Act 2006. the 2006 act applies throughout the UK although a number of provisions apply
only to Scotland or only to England and Wales and Northern Ireland.

Judicial decisions

company law has been and amalagam of increasing statutory regulation and common law

tax legislation

the taxation of companies is largely dealt with in the cooperation Tax Act 2009 and 2010.
companies capitals gains are largely dealt with in accordance with the taxation of
chargeable gains act 1992.

the general law
the general law applies to companies as it applies to individuals except to the extent that it
has been modified by specific rules of company law. for example the general law of contract
applies to companies with very few modifications as does the law of tort.

registration

companies are formed by a process called registration. the conditions for registration are
determined by the ca 2006. registration involves sending a number of documents and a fee
to the registrar of companies the official responsible for registering companies. a company
comes into existence on the issue of a certificate of incorporation by the registrar.

types of registered companies

companies limited by shares; most registered companies are limited by shares. this
expression refers to the liability of the members of the company for that company’s debt on
a liquidation. the effect of a company being limited by shares in that on a liquidation the
liability of a member is limited to the amount if any which remains unpaid on his shares.
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