1:Principles governing the doctrine of capital maintenance
the post has three asighnments
1 Ask a probing question. • Share an insight from having read the discussion. • Offer and support an opinion. • Validate an idea with your own experience. • Make a suggestion. • Expand on the discussion. The general principles governing the doctrine of capital maintenance are indicated in the Parts 17, 18 and 23 of the Companies Act 2006[i].From 1 October 2008, the CA 2006 introduces a new procedure for private companies to be able to reduce their share capital by a special resolution supported by a solvency statement given by all the directors. This new procedure does not require court approval of the reduction and introduces ability for the private company concerned to reduce its capital in any way which was previously only possible if the company was an unlimited company[ii]. In Trevor v Whitworth, a company bought back almost a quarter of its own shares. During liquidation of the company, one shareholder applied to court for the balance of amounts owed to him after the buyback. The Court of Appeal held that he should be paid. The House of Lords held the buyback was ultra vires the company declaring that the company could not purchase its own shares, even though there was a provision to that effect in the memorandum of association since this would result in a reduction of capital. It is also held that there can be no return of capital to the members other than on a proper reduction of capital duly sanctioned by the court[iii]. The principle was stated in Trevor v Whitworth, and has been subsequently applied both by the courts and in statutory provisions. The objective of the rule is protection of creditors, who are entitled to assume that the risk of a loss of the company’s capital is confined to ordinary commercial activity. The rule is firmly entrenched in both English and Indian law, although its scope varies considerably[iv]. The general rule is that a limited company may not acquire its own shares by purchase, subscription or otherwise, except as permitted. Part 18 CA 2006, which comes into effect on 1 October 2009, brings together the current methods by which a limited company can acquire its own shares and section 658 CA 2006 prohibits the acquisition by a limited company of its own shares except in accordance with the provisions of that Part[v [i] Companies Act 2006. [ii] Md. Saidul Islam. The Doctrine of Capital Maintenance and its Statutory Developments: An Analysis. [iii] Ibid. [iv] Ibid. [v] Ibid.
2:Project management
consult for a company that has strategic goals that require several projects. The company was just going to assign functional managers to each of them. What is your
advice to the company? Analyze project management, the benefits of project management, the factors of project failure, and factors of a successful project. Write a
multi-paragraph response.
3:Literary Analysis Essay on the choices of steve relating to the capital maintenance.
write a paper on the book monster by walter dean myers. How his choices relate to the theme.WRITE AN ESSAY analyzing how a character’s choices and the consequences of
those choices reveal the theme of the novel. Your essay must have an insightful thesis statement and reasons that are supported with specific textual evidence.