Rule on the maintenance of share capital
The post is a combination of two asighnments
1 The introduction of the Companies Act 2006
2 Rule on the maintenance of share capital
1 The introduction of the Companies Act 2006
The introduction of the Companies Act 2006 mark important recognition that a number of other interests should properly be aligned with the success of the company.
In your final project you will need to devise and structure a report, which provide a critical discussion of how company law safeguard’s the interests of stakeholders in general? Your report should also seek to critically assess the impact that the Companies Act 2006 has had on the company’s social responsibility towards various stakeholder groups.
TASK:
The aim this assignment is to submit a concise Final Project. In preparation for your report, you may wish to:
• Carefully study the legislation and relevant case law and read any secondary sources that will help you in producing your report.
• Consider any secondary legislation enacted in support of the Companies Act 2006, related statutory instruments (regulations), and/or new or pre-existing legislation. For example, relevant legislation might include the Company Directors Disqualification Act 1986, the Insolvency Act 2000, and/or the Small Business, Enterprise and Employment Act 2015. Where appropriate, you should also refer to related European Directives.
• Compare or contrast the UK approach with that of one or more other jurisdictions where relevant.
The structure of the draft final project should include the following elements:
• Title of the Final Project
• Introduction
• Aim and Objectives of the Final Project
• Background
• Content outline which identifies key issues and applicable legal rules
• Conclusion
• References which contain a robust combination of secondary sources of law such as textbooks and journal articles and primary sources of law such as applicable cases and legislative provisions .
2 Rule on the maintenance of share capital
The long established rule on the maintenance of share capital is that “a company cannot, without the leave of the court or the adoption of a special procedure, return its capital to its shareholders. It follows that a transaction, which amounts to an unauthorized return of capital is ultra vires and cannot be validated by shareholder ratification or approval”.(Hoffman j in Aveiling Bardford v Perion Ltd [1989] BCLC 626)
Critically discuss this statement with reference to case law and statutory provisions.
mark important recognition that a number of other interests should properly be aligned with the success of the company.
In your final project you will need to devise and structure a report, which provide a critical discussion of how company law safeguard’s the interests of stakeholders in general? Your report should also seek to critically assess the impact that the Companies Act 2006 has had on the company’s social responsibility towards various stakeholder groups.
TASK:
The aim this assignment is to submit a concise Final Project. In preparation for your report, you may wish to:
• Carefully study the legislation and relevant case law and read any secondary sources that will help you in producing your report.
• Consider any secondary legislation enacted in support of the Companies Act 2006, related statutory instruments (regulations), and/or new or pre-existing legislation. For example, relevant legislation might include the Company Directors Disqualification Act 1986, the Insolvency Act 2000, and/or the Small Business, Enterprise and Employment Act 2015. Where appropriate, you should also refer to related European Directives.
• Compare or contrast the UK approach with that of one or more other jurisdictions where relevant.
The structure of the draft final project should include the following elements:
• Title of the Final Project
• Introduction
• Aim and Objectives of the Final Project
• Background
• Content outline which identifies key issues and applicable legal rules
• Conclusion
• References which contain a robust combination of secondary sources of law such as textbooks and journal articles and primary sources of law such as applicable cases and legislative provisions .