The corporate veil
From the jurstic point of view, a company is a legal personal distinct from its members. This principle may be refered to as “the veil of incorporation”. The courts in genral consider themselves bound by this principle.
Exceptions:
1.protection of revenue.
2.prevention of froud or inproper conduct.
3.determination of cherecter of a company whether it is enemy.
4.where the company is a sham.
5.company avoiding legal obligation.
6.company acting as agent or trustee of the shareholders.
7.avoidence of welfare legislation.
8.protecting public policy.
Statutory exeptions:
If a company carries on business for more than 6 months after the number has been reduced below 7 in case of a public company or 2 in case of a private company.
1.number of members below statutory minimum.
2.failure to refund application money.
3.misdespertion of company name.
4.fradulment of trading.
5.holding and subsidery company.
Tuesday, August 25, 2009
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