Company Winding Up and Dissolution Process
Winding up is the legal process by which a company’s operational existence is brought to an end. During this process, the company’s assets are sold off, its debts are paid using the realized funds, and any remaining surplus is distributed among the shareholders in proportion to their holdings.
Once the winding up process is complete, the company is formally dissolved, and its name is struck off the official register of companies.
Reasons for Company Winding Up
A company may face winding up for various
Read MoreCorporate Constitution: Understanding MoA and AoA
The Memorandum of Association (MoA) is the most fundamental document of a company. It acts as the company’s constitution, defining its core purpose, powers, and boundaries. Any activity a company undertakes must fit within the scope of this document.
Six Compulsory Clauses of an MoA
Every Memorandum must contain six foundational sections:
- 1. The Name Clause: State the official name of the company. A private company must end with “Private Limited” (e.g., Maan Private Limited) and a public company with
Corporate Law: Company Structure, Incorporation, and Promoters
Understanding Company Structure and Legal Status
A company is a legal entity formed by a group of individuals to engage in and operate a business. In corporate law, it is treated as a separate “legal person” distinct from the members who own it.
1. Concept, Characteristics, & Types
Core Characteristics of a Company
- Separate Legal Entity: A company has its own legal personality. It can own property, incur debts, enter into contracts, and sue or be sued in its own name.
- Perpetual Succession: The life
Corporate Governance and Share Capital Regulations
These final modules bridge the gap between how a company manages its internal operations versus how it interacts with outsiders and raises money from the public.
Corporate Governance Legal Doctrines
These two doctrines act as opposite sides of a coin to balance protection between the company and outside parties.
Doctrine of Constructive Notice
This doctrine protects the company against outsiders.
Because the Memorandum of Association (MoA) and Articles of Association (AoA) are registered with the Registrar
Read MoreCorporate Governance: General Meetings and Boards
Corporate Governance in Capitalist Companies
Case 2B focuses on the governing bodies of capitalist companies: the General Meeting and the Board of Directors.
The General Meeting: Shareholder Decision-Making
The General Meeting is the body where partners or shareholders make the primary decisions of the company. In a Joint Stock Company, it is the meeting of shareholders. In a Limited Liability Company, it is the meeting of stakeholders or partners.
Types of General Meetings
- Ordinary General Meeting:
Law 19983 on
EU Legislative Competences in the Field of Labour Law
Art. 4–
Shared competences between the Union and Member States in the area of social policy, for the aspects defined in the Treaty Art. 19–
Equal treatment Art. 46 –
Free movement of workers Art. 153–
Social policy Art. 157.3 –
equal treatment of men and women Art. 352 –
Other appropriate measures: unanimous action of the Council where there are no other legislative powers.
The primary treaty basis for EU labour law is found under Social Policy.
According