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13. Skills for Success in Coursework Assessments 13. 课程作业评估成功的技巧
Concentrate Questions and Answers Company Law Pub Date : 2018-08-02 DOI: 10.1093/he/9780198819882.003.0013
Imogen Moore
{"title":"13. Skills for Success in Coursework Assessments","authors":"Imogen Moore","doi":"10.1093/he/9780198819882.003.0013","DOIUrl":"https://doi.org/10.1093/he/9780198819882.003.0013","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter provides advice on preparing coursework in company law and the skills required to complete it successfully, to ensure you are best prepared for your assessment. Two coursework example questions, one essay and one problem question, with accompanying answer guidance, are also available. The chapter provides lots of important tips for coursework success and includes a final checklist of issues to consider before submitting your work.","PeriodicalId":325864,"journal":{"name":"Concentrate Questions and Answers Company Law","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125369901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
3. The Corporate Constitution 3.公司章程
Concentrate Questions and Answers Company Law Pub Date : 2018-08-02 DOI: 10.1093/he/9780198819882.003.0003
Imogen Moore
{"title":"3. The Corporate Constitution","authors":"Imogen Moore","doi":"10.1093/he/9780198819882.003.0003","DOIUrl":"https://doi.org/10.1093/he/9780198819882.003.0003","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter discusses the company’s constitution, which can be a popular area for examination questions. The chapter focuses on the company’s articles of association, considering in particular alteration of the articles and the legal effect of the articles (the ‘statutory contract’). The chapter also considers shareholder agreements, which are often used as a supplement to the company’s constitution.","PeriodicalId":325864,"journal":{"name":"Concentrate Questions and Answers Company Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133697885","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
6. Company Management and Governance 6. 公司管理及管治
Concentrate Questions and Answers Company Law Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819882.003.0006
Imogen Moore
{"title":"6. Company Management and Governance","authors":"Imogen Moore","doi":"10.1093/HE/9780198819882.003.0006","DOIUrl":"https://doi.org/10.1093/HE/9780198819882.003.0006","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter explores important issues in company management and corporate governance, starting by examining the role of directors and shareholders (and the relationship between them) and the separation of ‘ownership and control’. Since the early 1990s, the governance of listed companies has been dominated by self-regulatory codes (currently the UK Corporate Governance Code). This chapter examines how these codes operate and considers key themes in corporate governance, including the role of non-executive directors and auditors; the position of institutional investors; and executive remuneration.","PeriodicalId":325864,"journal":{"name":"Concentrate Questions and Answers Company Law","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133233493","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
4. Shares and Shareholders 4. 股份及股东
Concentrate Questions and Answers Company Law Pub Date : 2018-08-02 DOI: 10.1093/he/9780198819882.003.0004
Imogen Moore
{"title":"4. Shares and Shareholders","authors":"Imogen Moore","doi":"10.1093/he/9780198819882.003.0004","DOIUrl":"https://doi.org/10.1093/he/9780198819882.003.0004","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. Shareholders in a company own shares, but the nature of a share and the rights of a shareholder are not easily defined. This chapter discusses the definition and characteristics of a share; the differences between different types of share, particularly ordinary and preference shares; allotment of shares and pre-emption rights; return of capital; and variation of class rights.","PeriodicalId":325864,"journal":{"name":"Concentrate Questions and Answers Company Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129407363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
1. Exam Skills for Success in Company Law 1. 《公司法考试技巧
Concentrate Questions and Answers Company Law Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819882.003.0001
Imogen Moore
{"title":"1. Exam Skills for Success in Company Law","authors":"Imogen Moore","doi":"10.1093/HE/9780198819882.003.0001","DOIUrl":"https://doi.org/10.1093/HE/9780198819882.003.0001","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter provides advice on exams and exam questions in company law to ensure you are best prepared for your assessment, including guidance on how to approach essay and problem questions. It provides lots of important tips for exam success, covering both your preparation for the exam, and your approach to the exam itself. The well-known approaches of IRAC (Issue, Rule, Apply, Conclude) to problem questions and PEA (Point, Explain, Analysis) to essay writing are reviewed.","PeriodicalId":325864,"journal":{"name":"Concentrate Questions and Answers Company Law","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129066838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
2. Companies and Corporate Personality 2. 公司与企业人格
Concentrate Questions and Answers Company Law Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819882.003.0002
Imogen Moore
{"title":"2. Companies and Corporate Personality","authors":"Imogen Moore","doi":"10.1093/HE/9780198819882.003.0002","DOIUrl":"https://doi.org/10.1093/HE/9780198819882.003.0002","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter considers the main legal forms used for businesses in the UK—particularly sole traders, general partnerships, limited liability partnerships (LLPs), and companies (public and private). It then examines how registered companies limited by shares come into existence. On registration a company becomes a legal person, separate from its shareholders and directors. This chapter explores this ‘corporate personality’ and the popular topic of when the ‘veil of incorporation’ can be lifted or pierced by statute or the courts.","PeriodicalId":325864,"journal":{"name":"Concentrate Questions and Answers Company Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116207657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
9. Share Capital 9. 股本
Concentrate Questions and Answers Company Law Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819882.003.0009
Imogen Moore
{"title":"9. Share Capital","authors":"Imogen Moore","doi":"10.1093/HE/9780198819882.003.0009","DOIUrl":"https://doi.org/10.1093/HE/9780198819882.003.0009","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on share capital for public and private companies. The doctrine of capital maintenance ensures that the company has raised the capital it claims to have raised; and that the capital is not subsequently returned, directly or indirectly, to the shareholders. There is a great deal of (mainly statutory) law surrounding this doctrine This chapter considers the capital maintenance doctrine itself and many related topics, including: the issue of shares for non-cash consideration, issue of shares at a discount, reduction of capital, purchase of a company’s own shares, redeemable shares, payment of dividends, and financial assistance by a company for the purchase of its own shares.","PeriodicalId":325864,"journal":{"name":"Concentrate Questions and Answers Company Law","volume":"40 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121014324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
7. Minority Shareholder Remedies 7. 少数股东救济
Concentrate Questions and Answers Company Law Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819882.003.0007
Imogen Moore
{"title":"7. Minority Shareholder Remedies","authors":"Imogen Moore","doi":"10.1093/HE/9780198819882.003.0007","DOIUrl":"https://doi.org/10.1093/HE/9780198819882.003.0007","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on minority shareholder remedies, which provide some limited protection or avenues of redress for a shareholder with grievances concerning the actions of the company, directors, or majority shareholders. The chapter explores, in particular: the rule in Foss v Harbottle; derivative claims; personal claims and the issue of reflective loss; the ‘unfair prejudice’ remedy in Companies Act 2006, s. 994; and petitions to wind up the company on the ‘just and equitable’ ground under Insolvency Act 1986, s. 122(1)(g).","PeriodicalId":325864,"journal":{"name":"Concentrate Questions and Answers Company Law","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121903092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
12. Mixed Topic Questions 12. 混合主题问题
Concentrate Questions and Answers Company Law Pub Date : 2018-08-02 DOI: 10.1093/he/9780198819882.003.0012
Imogen Moore
{"title":"12. Mixed Topic Questions","authors":"Imogen Moore","doi":"10.1093/he/9780198819882.003.0012","DOIUrl":"https://doi.org/10.1093/he/9780198819882.003.0012","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter looks at mixed topic questions and provides four example questions and suggested answers. The questions require the consideration of a variety of topics, including: directors’ duties, shareholder remedies, derivative claims, unfair prejudice, de facto and shadow directors, corporate personality, lifting/piercing the veil of incorporation, pre-incorporation contracts, wrongful trading, disqualification, and the articles of association.","PeriodicalId":325864,"journal":{"name":"Concentrate Questions and Answers Company Law","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132189424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
5. Directors’ Duties
Concentrate Questions and Answers Company Law Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819882.003.0005
Imogen Moore
{"title":"5. Directors’ Duties","authors":"Imogen Moore","doi":"10.1093/HE/9780198819882.003.0005","DOIUrl":"https://doi.org/10.1093/HE/9780198819882.003.0005","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the very important topic of directors’ duties. The chapter considers the main duties, as codified in the Companies Act 2006, including: the duty to act within powers (the proper purposes rule); the duty to promote the success of the company; the duty to exercise independent judgment; the duty to exercise reasonable care, skill, and diligence; the duty to avoid conflicts of interest; and the duty to disclose an interest in a proposed transaction with the company. Related areas such as substantial property transactions and liability for breach are considered. This chapter considers who is a ‘director’, examining the concepts of de facto and shadow directors and how far they owe duties to the company.","PeriodicalId":325864,"journal":{"name":"Concentrate Questions and Answers Company Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123988257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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