Introduction and Statement of Facts The fundamental attribute of corporate personality, from which all other consequences flow if that the corporation is a legal entity distinct from its members. Hence, it is capable of enjoying rights and of being subjects to duties which are not the same as those enjoyed or borne by its members. In other words, it has a “legal personality” and is often described as an artificial person in contrast with a human being, a natural person. However, corporate…
5. Recommendations for Mehta: Mehta is the only person who has connection with both the groups such as the Bonazzi and Indo group. Mehta being the CEO of Bonazzi is appointed for a purpose. He should understand the Indo group and share his views to the Bonazzi Goup and vice-versa. He can think from both their views and make the best decisions. HE should create, communicate and execute a clear vision, strategies and goals so that the future of the Joint Venture is bright. He also should make…
Monopoly situation exists when there is a single supplier of a unique product that has no close substitute. For example, Sky had a monopoly over the live football coverage. According to the 1998 Competition Act, abuse of dominant power means that a firm can 'behave independently of competitive pressures'. (Source: economicshelp.org) P MC…
Several theories were derived from the Modigliani and Miller (MM) theory. The MM theory was created in a utopian world for corporations, with no taxes, no bankruptcy or brokerage costs, and no impacts by the use of debt, to name a few assumptions the MM theory made. Although the MM theory is unrealistic, it helped firms apply and change the different assumptions to determine which capital structure was the best for the firm, and how these assumptions would impact the firm. The Trade-Off Theory…
3. The Company’s Business can be Differentiated from the Case Law a. The Company does not have Physical Presence in Hawaii The Company itself does not have a physical presence in Hawaii. The CRNAs, who are independent contractors (some operating as separate business entities), performed all the services related to the contract with the Facility, in Hawaii. As discussed in the facts above, the Company is essentially a temporary contracting organization. Its mission is to connect Facilities in…
These startup mistakes can mean the death of your business before it even gets off the ground. Avoid them at all costs, and make sure you get sound legal advice at the beginning even if it makes a dent in the budget. 1. Prior Employer 's Workplace When starting their own company, many startups might work at their employer 's facility or on their employer 's computers. If you work in an industry that has intellectual property rights, and you signed an agreement when you started at your job,…
misuse of the idea of SMC having limited liability at the hand of single member. In Pakistan there is no proper mechanism of checks and balances to reduce the risk of the corporate liability by the SMC in Pakistan. SMC seems to make an environment for business activities without of its proper sense and in Pakistan this idea has been put in a way that it created legislative misconceptions including defects in it. Pakistan took 38 years to introduce Companies Ordinance, 1984 with only one…
the company are using the incorporation of the company to deliberately frustrate a legal obligation. A veil was described as a wall between the company and its shareholders. Hence, once a limited liability company is created as of the separate legal entity principle, the veil of incorporation will be created between the personal assets of the members and the assets of the company. There are three exception circumstances which the veil of incorporation will be lifted which include the corporation…
an interest in the company but do not have any personal liability if the company were to be sued. A LLC must file an Articles of Organization with the Secretary of State in order to become a limited liability company. A sole proprietorship is a business that one person owns. They are personally liable for the company, whereas, if the company would be sued, they could lose their personal assets such as their home, vehicles, etc.…
5 Differences and 5 similarities between Acquisition & Merger Differences Between Merger and Acquisition The focuses introduced beneath clarify the generous contrasts amongst merger and acquisition in a point by point way: • A sort of corporate system in which two organizations amalgamate to frame another organization is known as Merger. A corporate system, in which one organization buys another organization and pick up control over it, is known as Acquisition. • In the merger, the two…