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Residual risk is defined in this context as the risk associated with differences between the stochastic inflows of assets into the organization and precedent agents' claims on the organization's cash flows. Precedent agents' claims on an organization's cash flows can consist of e.g. employees' salaries, creditors' interest or the government's ...
The justification they gave was that shareholders were the "residual claimants" of the corporation so they had the sole right to profits. The idea that shareholders are the sole residual claimants was later challenged by some legal scholars, and some (such as Stout 2002 [19]) actively reject it, in favor of other arguments for shareholder primacy.
LA 1980 s 32(1)(c) did not extend to Woolwich claims and so claims within the 1970 Act s 33 needed to go before the Special Commissioners, not the High Court. HMRC was not unjustly enriched by a payment to discharge a tax liability because the tax liability must have been due under the statute.
[1] [2] A shareholder in a corporation or limited liability company is not personally liable for any of the debts of the company, other than for the amount already invested in the company and for any unpaid amount on the shares in the company, if any—except under special and rare circumstances that permit "piercing the corporate veil."
The relationship between a company's shareholder and the board of directors is generally considered to be a classic example of a principal–agent problem.The problem arises because there is a division between the ownership and control of the company, [10] as a result of the residual loss.
A corporation may be chartered in any of the 50 states (or the District of Columbia) and may become authorized to do business in each jurisdiction it does business within, except that when a corporation sues or is sued over a contract, the court, regardless of where the corporation's headquarters office is located, or where the transaction ...
The best-known example, established in 1600, was the British East India Company. Queen Elizabeth I granted it the exclusive right to trade with all countries to the east of the Cape of Good Hope. Corporations at this time would essentially act on the government's behalf, bringing in revenue from its exploits abroad.
Foss v Harbottle (1843) 2 Hare 461, 67 ER 189 is a leading English precedent in corporate law.In any action in which a wrong is alleged to have been done to a company, the proper claimant is the company itself.