Roles Of The Organs And Officers Of An Incorporated Company
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Roles Of The Organs And Officers Of An Incorporated Company
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Author : Okechukwu Dominic Nwankwo
language : en
Publisher: GRIN Verlag
Release Date : 2016-10-11
Roles Of The Organs And Officers Of An Incorporated Company written by Okechukwu Dominic Nwankwo and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-11 with Business & Economics categories.
Project Report from the year 2016 in the subject Business economics - Business Management, Corporate Governance, , course: LAW, language: English, abstract: This is a research work on the “roles of the organs and officers of an incorporated company”. In it, the organs are identified as the General Meeting (shareholders), and the Board of Directors, while the officers are identified as the directors, secretary, auditor, legal adviser. The company’s organs take the key critical resolutions cum decisions that sway the company for better or worse. And these resolutions cum decision are implemented through corporate management or governance by the officers of the company. As legal personality, the company has a separate existence from the founders. Yet it is operated by human beings. The company functions through its Memorandum and Articles of Association, which can be altered through resolution passed by the majority of the company members at the General Meeting. Similarly, the company’s performance is also regulated by other statutory law, for example the Companies and Allied Matters Act, otherwise known as CAMA. Most of the company’s officers are appointed by the Board of Directors. However, this is subject to confirmation at the General Meeting. Consequently, as a going concern/business, the company is prosperous when there is a healthy relationship between the organs, and officers, and particularly between the General Meeting (Shareholders), and the Board of Directors. Though the General Meeting works by the resolutions passed by the majority members, yet there are exceptions to this when the court enforces an individual member(s) action against the majority’s decisions. This is an exception to the rule in Foss V Harbottle. The aim is to check fraud and ultra vires activities in the company. To be valid, an officer’s acts shall be done in good faith, diligently, and with care; and the company shall hold the officer liable for such acts. Essentially, the common law held the view that company’s officers owed their services to the company only, and not individual shareholders. However, this position has been rejected by the modern company practice and knowledge. Hence, the roles of the contemporary company officers have been enlarged to embrace serving the company which employees them, the individuals shareholders under relevant circumstances, as well as the generality of the public that benefits or is affected by the activities of the company. Fundamentally, company practices in Nigeria are bedeviled by the apathy of the stakeholders in corporate governances, except when there is a selfis
A Case For Shareholders Fiduciary Duties In Common Law Asia
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Author : Ernest Lim
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-22
A Case For Shareholders Fiduciary Duties In Common Law Asia written by Ernest Lim and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-22 with Business & Economics categories.
Reconceptualises the general meeting, controlling shareholders and institutional investors as fiduciaries in four leading common law Asian jurisdictions.
The Law Of Companies
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Author : Thomas B. Courtney
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-01-11
The Law Of Companies written by Thomas B. Courtney and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-11 with Law categories.
The fourth edition of the leading company law textbook, provides the most authoritative and comprehensive commentary on Irish company law following the commencement of the Companies Act 2014. The Companies Act 2014 makes the most far-reaching and fundamental changes to Irish company law in two generations, putting forward a radically different approach whereby the private company limited by shares will become the new model company. The structure of the fourth edition of this highly regarded title mirrors this new Act. The Act comprises over 1,448 Parts and represents the modern statement of the law applicable to the formation of companies, administration and management to their winding up and dissolution, incorporating the rights and duties of their officers, members and creditors. The Act commences on 1 June 2015 and introduces significant changes for companies operating in Ireland. This work has been expanded and revised to account for these legislative changes and important case law. As chairperson of the Company Law Review Group, whose recommendations greatly informed the new Act and as a leading practitioner of company law, Tom Courtney has a unique insight to the new legislation, its purpose and interpretation.The fourth edition is virtually a complete re-write and at approximately 2,900 pages it is some 400 pages longer than the last edition. Fully updated to take account of the dozens of judgments from the Irish and UK courts that have been delivered since the previous edition as well as the new statutory provisions, the fourth edition of The Law of Companies is a 'must have' for all practitioners, students and users of Irish company law.
Company Law In China
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Author : Jiang Yu Wang
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-04-25
Company Law In China written by Jiang Yu Wang and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-25 with Law categories.
This accessible book offer a comprehensive and critical introduction to the law on business organizations in the People�s Republic of China. The coverage focuses on the 2005-adopted PRC Company Law and the most recent legislative and regulatory develop
Directors Officers D O Liability
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Author : Simon Deakin
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2018-02-19
Directors Officers D O Liability written by Simon Deakin and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-19 with Law categories.
In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.
Corporate Duties To The Public
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Author : Barnali Choudhury
language : en
Publisher: Cambridge University Press
Release Date : 2019-01-10
Corporate Duties To The Public written by Barnali Choudhury and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-10 with Law categories.
Today's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.
Company Law And Sustainability
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Author : Beate Sjåfjell
language : en
Publisher: Cambridge University Press
Release Date : 2015-05-21
Company Law And Sustainability written by Beate Sjåfjell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-21 with Business & Economics categories.
This book advances an innovative, multi-jurisdictional argument for the necessity of company law reform to reorient companies towards environmental sustainability.
Corporate Governance Of Listed Companies In China Self Assessment By The China Securities Regulatory Commission
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2011-09-22
Corporate Governance Of Listed Companies In China Self Assessment By The China Securities Regulatory Commission written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-22 with categories.
By assessing a broad range of laws, regulations and codes, this book provides a valuable reference for understanding how much has been achieved in Chinese corporate governance and the main ambitions of future reform efforts.
Czech Republic
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Author :
language : en
Publisher: World Bank Publications
Release Date : 1999-01-01
Czech Republic written by and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with Business & Economics categories.
...the relationship between employment growth and output growth...is greatly affected by the functioning, efficiency and institutional structure of the labor market. --Joseph Stiglitz, Chief Economist Despite the resumption of economic growth in most LAC countries since the late 1980s, improvements on the employment/unemployment front have been sluggish at best, with a few notable exceptions. In many countries, renewed growth in LAC in the 1990s has so far failed to generate adequate new jobs in place of those lost during the adjustment, and to restore wages to pre-crisis levels. The focus of this book is on: · the performance of labor markets in the LAC region since the beginning of significant structural reforms most countries in the region have undertaken · the structure of labor markets, institutions, and incentive structures; · the effects of that structure on employment, earnings, income distribution, and poverty levels; · the role of labor market institutions in labor market trends; · the options for reform and the benefits of comprehensive labor reforms, as evidenced inside and outside the region; · labor policy reforms to improve in a sustainable way the employment/unemployment outlook.
Corporate Governance Of State Owned Enterprises A Survey Of Oecd Countries
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2005-12-16
Corporate Governance Of State Owned Enterprises A Survey Of Oecd Countries written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-16 with categories.
Presents the OECD Guidelines on Corporate Governance of State-Owned Enterprises as well as a comparative overview of main practices and issues related to corporate governance of state-owned enterprises in the OECD area.