Business Law: Memorandum and Articles
Business Law: Memorandum and Articles The Companies Act provides that, as regards each of the various types of company, these documents shall be in the form specified by regulations made by the Secretary of State "or as near to that form as circumstances admit". This, however is treated with considerable latitude and so long as the documents submitted are in the same basic form as that specified and contain what the Act prescribes, the widest variations of content are permitted. Thus, as we shall see, the practice has long been to produce memoranda much lengthier than the prescribed forms because of inflated objects clauses-a practice which conceivable may change as a result of the reforms of the ultra vires doctrine by the Act of 1989. The present Regulations contain five Tables of which Table A, prescribing model articles for a company (whether public or private) limited by shares, is the most important and differs in its effect from the others. Such a company does not have to register articles (as opposed to the memorandum) and, if it does not, Table A (as in force if it does register articles, in so far as these do not exclude or modify Table A, its provisions will apply. Furthermore, it, and any other type of company (which will have to register articles) may, in them, adopt by reference any provisions of Table A. In contrast, the model articles in Table C (relating to
Australian Constitutional Law
Introduction Involuntary detention can be imposed on a person for a number of reasons such as entering Australia's borders without a valid visa, being a terrorist suspect, being associated with a terrorist group, criminal breaches of the law, mental illness, or infectious diseases. Orders for non-punitive detention can be made by either the courts or the Executive and can be for an indefinite period in some circumstances.1 People entering Australia without the correct documents (aliens) are detained while they are processed for either deportation or an entry permit.2 People with severe mental illnesses or infectious disease can be subjected to involuntary detention for either their own protection or that of the community.3 People who are terrorist suspects or are suspected of being associated with terrorist groups can be restrained by a control order (CO) or detained by a preventive detention order (PDO) issued from the Executive4 and/or courts and they can be detained without charge,5 often in solitary confinement,6 pending the investigation of the allegations. Punitive incarceration is finite as there has either been a sentence handed down or a trial date set.7 The non-punitive detention of people, such as aliens or terrorist suspects, are often detained, without charge, pending the outcome of numerous issues and investigations.8 Both the Executive and the courts are
Perspectives - Poverty and Property
It would not surprise most casual observers that property law generally does not afford protection to those without property. However, for those who are poverty stricken, it means that there is little protection for their own safety and well-being. This comment will discuss the extent to which impoverished Canadians are protected by property law (Ontario property law in particular), including the obstacles that exist and the potential solutions to these obstacles offered by Bill C-304. First, the concepts of the necessity test, adverse possession, and abandonment will be tested against the challenges posed by poverty. This comment will then briefly assess the potential of Bill C-304 to fill in the gaps left by these common law principles. Poverty manifests itself in several different ways. In addition to those who find themselves on the street, many find themselves in homeless shelters and in substandard and/or overcrowded housing. While these may serve as temporary solutions for those fortunate enough not to end up on the street, they are highly short term solutions. This leads many suffering from poverty to seek refuge wherever they can, often in contravention with the law. One example of this is the case of Southwark London Borough Council v Williams1 (SLBC), where two families sought refuge in unoccupied homes and were sued by the local authority. Though the case is
The law of partnership
COMPANY LAW (LAW 220) Assignment 1 THE LAW OF PARTNERSHIP By Elena Christoforou Student No:19902474566 The Law of Partnership Partnership is the easiest form of arrangement to carry on business. It arises when two or more persons carry on business together with a view of making profit. The rules of partnership law are separate into external rules which govern relations between the partnership and costumers dealing with it and into internal rules which govern relations between the partners themselves. Under English Law, partners are agents of each other but the partnership does not exist as a legal unit. As genuine agents the partners snare unlimited liability for all obligations incurred to other people in the course of partnership and they owe each other a duty of good faith. The main rules of partnership law are set out in the Partnership Act 1890. A partnership as it is defined in s1 (1) of the Partnership Act 1890 "is the relation which subsists between persons carrying on a business in common with a view of profit". Because the business component is defined broadly by state laws and because "persons" can include individuals, groups of individuals, companies, and corporations, partnerships are highly adaptable in form and vary in complexity. Each partner shares profit and control of the business. Sharing profit makes the partners jointly and independently liable
Discuss whether Hong Kong has a written, unwritten, concrete and/or abstract constitution
Discuss whether Hong Kong has a written, unwritten, concrete and/or abstract constitution. A constitution is a system for the government that establishes the rules and principles of an autonomous political entity. It defines the fundamental political principles and establishes the structure, procedures, powers, and duties, of a government. It also determines the relationship within the government institutions as well as relationship between government and individual citizens. Different countries have different types of constitution. The U.S.1 has one that is called a written or codified constitution, meaning that there is one document or a collection of documents which blatantly sets out such fundamental rules and principles. On the other hand, some countries such as UK do not have such document, and constitutional rules and principles have to be extracted from different sources, including enacted law, judicial decisions and conventions. They are said to belong to another type of constitution, namely the unwritten or uncodified constitution. In addition to the written and unwritten classification, there exists another distinction, namely a concrete and an abstract constitution. A concrete constitution is the document that comprises the written constitution, in which the most basic rules are stated. However, not all institutional precepts and government attributes can be
What do Criminological Investigations tell us about the Nature and Extent of Crimes of Violence against Women?
Andrew Gould 3rd yr Politics and Sociology Criminology What do Criminological Investigations tell us about the Nature and Extent of Crimes of Violence against Women? The essay title suggests that we need to concentrate on four key areas. These being listed below: /. What types of violence do women experience and in what areas of life these acts of violence are conducted. 2/. What is the extent to which these acts of violence are carried out? 3/. Who are the perpetrators of these acts of violence and also what is the response of the victims? 4/. Finally the conclusion, what can we draw from the three key areas above about the nature and extent of violence towards women. The essay shall aim to tackle each of the areas above in an objective and coherent manner, then it will be possible to glean an understanding of violence towards women and in turn theorize and come to a coherent conclusion. Let us now address the first area of the essay shown above, this being types of violence experienced and the areas of life in which they are experienced. Firstly we must acknowledge the fact that it is not only women that experience acts of violent crime but that violent crime encompasses all people from all walks of life, from the very young to the aged, colour and creed, male and female. However for the purpose of this essay we are concentrating mainly on violent crimes
Companies Act 1957
COMPANY LAW Companies Act 1957 It is an act to provide for the incorporation and registration of companies in Brunei, to control and regulate the relation between members of a company and its creditors and the company and between the company and its creditors and the public, to provide for the conditions under which companies incorporated outside Brunei may carry on business in Brunei and generally to control the functioning within Brunei of companies registered locally or carrying on businesses within Brunei. The Companies Act is enacted on 1st January 1957. this applies to every company registered in Brunei irrespective of the place or places where the business of such company may be carried on. Rules and Fees (General Rules) ) The Chief Justice may, with the occurrence of His Majesty make general rules for carrying into effect the objects of this Act so far as relates to the winding up of companies, and also rules for the purposes of this Act generally, including rules as to costs. 2) Minister of Law with the approval of His Majesty The Sultan and Yang Di-Pertuan: a) the manner in which applications by persons desirous of being placed upon the authorized list of auditors shall be made; b) the examination of such applications and if thought fit of applicants by an Advisory Board; c) the establishment of an Advisory Board to advise Minister of Finance in elation to
Sir William Macpherson's inquiry into the investigation of the murder of Stephen Lawrence
Sir William Macpherson's inquiry into the investigation of the murder of Stephen Lawrence not only concluded that the Metropolitan Police Service is 'institutionally racist' but also 'highlighted minority ethnic communities' general lack of trust and confidence in the police'.1 Britain has often been praised for its 'multicultural and ethnically diverse community'2 and its race relations skills. Unfortunately, this praise should not be extended to the Metropolitan Police service (MPS). The question to be addressed, therefore, is whether or not this applies to the police force on a national basis. For many decades the police have faced scrutiny from the public, with regards to their conduct toward people of ethnic origins. Regardless of the continued fight against racism in the police force, it has merely been put down to 'a few rotten apples'.3 Although the 'direction and policies of the Metropolitan Police are not racist'4 those who deploy them may be. Therefore, these directions and policies could easily be manipulated in order to target black and Asian people. 'The phrase 'institutional racism' has been the subject of much debate',5 as using it incorrectly could lead to much accusation and confusion. Many academics and authorities have attempted to define it; 'the term institutional racism should be understood to refer to the way the institution or organisation may
Explain why aboriginal title is described as sui generis interest in land.
LAW 301 TUTORIAL ESSAY 7 . Introduction The native title of a community of indigenous peoples is comprised of the collective rights, powers and other interests of that community, which may be exercised by particular sub-groups or individuals in accordance with that community's traditional laws and customs. Each collective right, power or other interest is an "incident" of that indigenous community's native title.1 Aboriginal title to land has been described as sui generis interest in land, arising from occupation of lands prior to colonisation. Aboriginal title has many unique features which distinguish it from other common law interests; including its inalienability, its important non-economic component, and its status as a collective right. 2. Explain why aboriginal title is described as sui generis interest in land. The term sui generis encompasses the unique nature of aboriginal rights to land. Translated literally from Latin, it means "a type of its own". Aboriginal title to land is sui generis because it arises from aboriginal people's occupation of the land prior to colonisation and the assertion of British sovereignty over the land. This is contrasted with other common law rights to land which come about upon a grant from the Crown after the assertion of Crown sovereignty.2 Meyers has asserted that the judicial treatment of indigenous rights in
Stolen generation
Legal Process Assignment History of Aboriginal/white relations in Australia In 1788, when Australia was laid claim to by the British, Aboriginal peoples who were the first inhabitants, were forced to accept English law due to the fact the British used the doctrine to settle a land that was practically unoccupied. In effect, they claimed that the 'land belonged to no-one' or in other words was terra nullius. The Aboriginal peoples believe they 'belonged' to the land - meaning that the land supported their needs of food, shelter and clothing. This was ignored by the British as that did not fit well with Australia being unoccupied.1 Since Australia was occupied by the British, the Aboriginal Peoples have been treated extremely badly. Their land was taken from them and half-caste children were stolen to assimilate in white communities. The 'plan' was to remove the Aboriginal Peoples from their land and on to Government controlled reserves. The white settlers believed that the Aboriginal Peoples would eventually die off and then their land could be sold off as farm land. When this wasn't occurring, as there were children who were growing up, the Aboriginal Protection Board pressured the State Government for stronger power to deal with them. In 1909 the Aboriginal Protection Act2 was passed through state parliament which did give the board full control over the lives of