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Trevor v Whitworth (1887) 12 App Cas 409 is a UK company law case concerning share buybacks. It held they were unlawful. The case is often used in support for the Capital Maintenance Rule. The rule coming from the case itself has since been reformed by statute in several commonwealth countries.
Champerty and maintenance are doctrines in common law jurisdictions that aim to preclude frivolous litigation: Maintenance is the intermeddling of a disinterested party to encourage a lawsuit . [ 1 ] : 260 It is: "A taking in hand, a bearing up or upholding of quarrels or sides, to the disturbance of the common right."
Corporate law (also known as company law or enterprise law) is the body of law governing the rights, relations, and conduct of persons, companies, organizations and businesses. The term refers to the legal practice of law relating to corporations, or to the theory of corporations .
The current MBCA permits the ratification of defective corporate actions, including actions in connection with the issuance of shares, many of which may have been void and incurable under common law. of directors and officers to present a business opportunity to the corporation, a provision favored by private equity investors.
Capital management can broadly be divided into two classes: Working capital management regards the management of assets that are of capital value to the firm or business entity itself. Investment management on the other hand concerns assets that are alternative sources of revenue and normally exist outside of the main revenue model(s) of ...
In accounting, the share capital of a corporation is the nominal value of issued shares (that is, the sum of their par values, sometimes indicated on share certificates).). If the allocation price of shares is greater than the par value, as in a rights issue, the shares are said to be sold at a premium (variously called share premium, additional paid-in capital or paid-in capital in excess of p
art 28, if a public company's subsidiary, which is under a dominant influence, buys shares then the public company itself is regarded as buying the shares. Defines the concept of dominant influence. arts 29–33, increases in capital, rights of pre-emption; arts 34–42, reductions in capital; art 43, redeemable shares, conditions attached
European company law is the part of European Union law which concerns the formation, operation and insolvency of companies (or corporations) in the European Union. The EU creates minimum standards for companies throughout the EU, and has its own corporate forms.