Formation and Constitution of Company in UK Law
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Ebrahimi v Westbourne Galleries Ltd; Re Westbourne Galleries Ltd
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The words are a recognition of the fact that a limited company is more than a mere judicial entity, with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se which are not necessarily submerged in the company structure.
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Attorney General of Belize and Others v Belize Telecom and another
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Without them, there was not the slightest basis for implying such an obligation. Because the articles are required to be registered, addressed to anyone who wishes to inspect them, the admissible background for the purposes of construction must be limited to what any reader would reasonably be supposed to know. It cannot include extrinsic facts which were known only to some of the people involved in the formation of the company.
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Johnson v Gore Wood & Company (A Firm)
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That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.
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Ramsay (W T) Ltd v Commissioners of Inland Revenue
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It is the task of the court to ascertain the legal nature of any transaction to which it is sought to attach a tax or a tax consequence and if that emerges from a series or combination of transactions, intended to operate as such, it is that series or combination which may be regarded.
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Freeman & Lockyer (A Firm)(Plaintiffs) Buckhurst Park Properties (Mangal) Ltd and Shiv Kumar Kapoor (Defendants)
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An "apparent" or "ostensible" authority, on the other hand, is a legal relationship between the principal and the contractor created by a representation, made by the principal to the contractor intended to be and in fact acted upon by the contractor, that the agent has authority to enter on behalf of the principal into a contract of a kind within the scope of the "apparent" authority, so as to render the principal liable to perform any obligations imposed upon him by such contract.
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Woolfson v Strathclyde Regional Council
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I have some doubts whether in this respect the Court of Appeal properly applied the principle that it is appropriate to pierce the corporate veil only where special circumstances exist indicating that is a mere facade concealing the true facts. Woolfson cannot be treated as beneficially entitled to the whole share-holding in Campbell, since it is not found that the one share in Campbell held by his wife is held as his nominee.
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Regal (Hastings) Ltd v Gulliver
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The rule of equity which insists on those who by use of a fiduciary position make a profit, being liable to account for that profit, in no way depends on fraud, or absence of bona fides; or upon such questions or considerations as whether the profit would or should otherwise have gone to the Plaintiff, or whether the profiteer was under a duty to obtain the source of the profit for the Plaintiff, or whether he took a risk, or acted as he did for the benefit of the Plaintiff, or whether the Plaintiff has in fact been damaged or benefited by his action.
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Joint Stock Companies Act 1856
......I . Constitution and Incorporation of Companies and Associations. .... Registry. . Registry. . S-III . Formation of an Incorporated Company. III Formation of an ......
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Companies Act 1948
...... . S-1 . Mode of forming incorporated company. 1 Mode of forming incorporated company. . (1) ...formation of the company, or by a person named in the. ... . . ( b . ) that by its constitution the company is required to. apply its profits, if ......
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Commonwealth of Australia Constitution Act 1900
......member and in common with the other members of an incorporated. company consisting of more than twenty-five persons:. . shall be incapable of ...S-124 . Formation of new States. 124 Formation of new States. . 124. A new State may be ......
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Commonhold and Leasehold Reform Act 2002
...... S-34 . Constitution 34 Constitution . (1) A commonhold association is a private company limited by. guarantee the memorandum of which— ... . (a) prescribed evidence of the formation of a successor commonhold. association, and. . ......
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Building the ship in dry dock: The case for pre-independence constitution-building in Scotland
For newly independent states, constitution-building can be a defining moment: a time when national identities are asserted, values and norms articulated, and founding myths created. The constitutio......... is the proper relationship of constitution-building to state formation? Should constitution-building occur before or after state formation? Or ...Lucknow: Eastern Book Company. Hardin, Russell (1989) Why a Constitution. In Bernard Grofman and Donald ......
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Book Review: Die GmbH in Europa. 50 Länder im Vergleich
......company types. 1 The (un)desirability to harmonize ... formal requirements as regards company formation, capacity, m anagement versus shareholders, ... doctrine, company’s duration, constitution (cf. contents of written docume nts, notary ......
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The Rejection of Constitutional Incrementalism in Nepal's Federalisation
The relationship between federalism and identity was the single most contentious issue in the drafting of Nepal's 2015 Constitution, and remains an embattled feature of the country's post-conflict ......... People’s War: Nepal’s Maoist Rebellion (Hurst & Company, 2004) . 285–7. . . 2018 . ...formation of the Women, Janajati, Dalit, and . ......
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Does the Corporations Power Extend to Reconstituting Corporations?
...... in s 51(xx) of the Australian Constitution . The issue we address can be posed in a ... power to regulate the formation, composition, operation and dissolution ... evident in the etymology of the word 'company'. 26 In this view, a patent or ......
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Companies Act 2006
...... on 1 October 2009 relate to the formation and constitutional documents of companies, share ... and the redemption and purchase by a company of its own shares. These and certain other ......
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Company Incorporation
...... online: either through a formation agent or Companies House via their online web incorporation service post: ... to have several different classes of shares, as with the constitution it is often easier to form a company with the minimum number of ordinary ......
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Directors' Duties
...As a director of a company in any sector there are many. commercial matters ...constitution and only exercise powers for the purposes for ...participating in the promotion, formation or management of a. company without the ......
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Companies Act 2006 - Simplifying The Way In Which Businesses Operate
...... amending its Articles of Association, a company can benefit from. some of the changes brought ... should review their current constitutional. documents in order to take advantage of these ...adopt entrenchment provisions on formation or if all shareholders. agree. New provisions ......