Comparative Company Law - Case Study Example

Extract of sample
Comparative Company Law

Following that we will look at relevant case law to see where ECJ standing is in this issue.
Article 48 states: "'Companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community shall, for the purposes of this Chapter, be treated in the same way as natural persons who are nationals of Member States.'
The treaty clearly states that a legal person, such as a company or firm, must be treated in the same way as a natural person, therefore a company must be able to move between member states without any restrictions. Saying that, it should be pointed out that the case of a company is more complicated, as unlike a natural person a company can stand at two different places simultaneously. Matters complicate even further when we consider that a company should be formed in accordance with the law of a Member State. Across Europe recognition of companies differs from Member State to Member State. Broadly speaking Member States take two approaches at recognising a company as having a valid legal personality. Most of them follow the real seat theory, others follow the incorporation theory.
A country which follows the incorporation theory, such as United Kingdom, recognises a company as a legal personality providing it is incorporated in any of the Member States. ...Show more

Summary

One of the most important principles of the European Union (EU) is to establish a common market amongst member States as it enables EU to compete globally with other giant economies, such as that of US. A single market can be achieved only by allowing freedom of movement of people, services and goods…
Author : emueller
Save Your Time for More Important Things
Let us write or edit the case study on your topic
"Comparative Company Law"
with a personal 20% discount.
Grab the best paper

Related Essays

The Corporate Veil in the UK and US
This study will examine the birth of the corporate veil and analyse how the courts have made exceptions so that the veil may be lifted in the UK and the US. The corporate veil will be looked at in relation to the attempt to heighten levels of corporate governance, especially in terms of shareholder rights and directors.
15 pages (3750 words) Coursework
The Company Act 2006: Promoting Corporate Governance and Protecting Minority Shareholders
This paper explores two specific areas of corporate governance and how the Company Act 2006 is presently addressing it. The first is through granting more rights to minority shareholders. The second is creating more measures against opportunistic and predatory directors to exact responsibility and accountability for fraud.
10 pages (2500 words) Assignment
Company law, study case
In addition, relevant provisions in respect of allotment of shares have to be scrutinised. The Companies Act 2006, under section 171, requires directors to act as per the provisions of the constitution of their company. Moreover, directors have to exercise their powers only for the purposes for which these powers had been conferred on them.
19 pages (4750 words) Essay
A New Legislative Structure for Company Law in UK
" Introduction A new legislative structure for company law was introduced on 8 November 2006 in the United Kingdom. Further , the so called the UK Companies Act 2006 also received assent from royal on 8 November 2006, which pioneered some unique transformation to the English Company Law.
10 pages (2500 words) Coursework
Company Law
The law outlines that directors cannot receive any benefit from their position, unless they obtain an express legal authority from the board to do so. The Companies Act outlines that a director of a company must to circumvent situations in which the director possess, or can manifest an express or indirect interest that diverges of may clash with the interests of the company.
8 pages (2000 words) Essay
Company Law
It has been enforced with the intention to govern the operations of the corporate houses of the country and instructs them to operate with the best interest of all the stakeholders involved with them1. As per the Company Law, it is commonly admitted that company is a separate legal entity which advocates that the members of the company are distinct from the corporate body.
12 pages (3000 words) Essay
Company Law
Incorporation refers to the process of legally creating a corporate entity, as separate from that of the owners of the organization1. This
8 pages (2000 words) Essay
Find out how much would it cost
to get a custom paper written by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT