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New Year far from home
(Thursday, 24 June 2010) Written by thien luu
Saigon Tet _Cai hok their first home in their lifetime. At first they did not want to. But so far h air festival coming bustling, busy people back home do you miss home and want to go home. But all plans were up first and then sort and should not be changed anymore ADDRESS. should have to accept fate Cancel Comfort myself is the new year will pass quickly thing. Approximately one week will end New Year Saigon carbon inserts and life returned to normal only in the countryside is not like her because it lasts the whole month I have friends around with relatives. things that make you happy do you feel it more than a festival. This was not much you Saigon. That much, they all then return home. So will eat vegetarian festival ...... his is almost a Last year to close it. Although quite busy, but also has a private moment to wish New Year online virtual friends. Those who knew her, for her comments for Kuh0nc0d0n. Those who give their feelings a lot. I thank everyone Happy New Year Everyone happy peace. Fun. Sang last year already. Wish her all, the uncle, brothers, sisters (Especially your sister's three children Mrs Tran Thanh _Da _Sai Gon _Chi _Chi HCM City Library _Kien Jiang) and the New Year PE nhox to achieve what his dreams. Wishing everyone all over Vietnam in every country dear, The world health plus abundant Blog

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New Bribery Act - What should I do to Prepare?
(Friday, 28 May 2010) Written by Calum Haswell
I am a director and have seen that there is a new Bribery Act. Should my company be doing anything to prepare for the new Act?

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Nominee Directors
(Friday, 28 May 2010) Written by Calum Haswell
The position of "nominee" directors has always been inherently problematic: to what extent can a nominee reflect his appointor’s interests?

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Companies Act 2006
(Sunday, 25 April 2010) Written by Christian Hidalgo
Does the Companies Act 2006 protect the interests of small and medium companies adequately?

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Quandary - Invested interest?
(Tuesday, 15 September 2009) Written by Dave Coles
Not sure if anyone can help, after a bit of advice, we have an employee who's wife also works for us part time but in addition has her own "design" company, a large sub-contract order has gone to her company for the design, supply & fit of kitchens/bathrooms on one of our larger sites, in turn she has raised an order to another company (who we have a direct account with) to supply the kitchens/bathrooms - is this legal or just immoral? as it is, she stands to gain rather a large "Slice" of the profits that, in my opinion should be the company's. Does anybody know if this is against company law, or is it just a case of a "loophole" where individuals can make profits at the expense of others?   Thanks  

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Lack of clarity on adjudicatory forum - an issue to be clarified in the proposed Companies Bill in I
(Sunday, 13 September 2009) Written by Durga Rao Vanayam
As everybody admits, by its very nature, company management and the governing law will always be complicated. Company is a juristic person, it will survive irrespective of its members coming and going, it is run by professionals called directors, company needs to adhere to the strict rules pertaining to disclosure of material information to the statutory bodies, fairness is to be adhered to at any cost and as such the company management will always be complicated. Indian Companies Act, 1956 deal with the issues pertaining to incorporation, management and winding-up of companies in India. With many amendments and new concepts coming-in, a need was felt to repeal the existing companies act, 1956 and to enact a new company law. The concept paper with regard to the proposed companies bill is kept in the official websites seeking suggestions/comments from the public. Though, the ministry of corporate affairs in India very frequently highlights the new companies bill, it is yet to be passed and it still remains as a Bill. Under the existing companies act, 1956, the central government to some extent, the Registrar of Companies, the Company Law Board, the Company Court and SEBI in case of listed companies, are conferred with certain powers like calling for information, taking action for violation of law, the prevention of mismanagement and the liquidation process etc. It is there everywhere that it is the responsibility of the state to safeguard the interests of the public and it always includes shareholders. As such, everywhere the state's authority to take appropriate action against the erring companies and erring officials is preserved though the state will very rarely exercise its power. Apart from the other authorities, the Company Law Board and Company Court are conferred with certain powers like entertaining applications from the minority who allege oppression and mismanagement, the applications seeking winding-up, sanctioning the scheme of amalgamation etc.  Again, the power of Company Law Board is limited while dealing with the issue of remedial nature. Thus, the shareholder or the person concerned or the company, are normally confused as to where he should go seeking redressel in a company litigation and its a fact. Again, when the power is split among many independent forums, then, there will be confusion and administration of justice will be difficult. Addressing this, the state has proposed to set-up a tribunal called "National Company Law Tribunal" and also "Appellate Tribunal". The issue is challenged before the Constitutional Court and the issue is now pending before the Supreme Court of India.  In the proposed Companies Bill, there is a  provision for establishment of National Company Law Tribunal  and the issue of its Jurisdiction in entertaining all company litigation is to be further stressed and clarified.  I do strongly feel that there is no clarity under the Indian Companies Act, 1956 as to where a company issue is to be agitated and it is to be clarified in the proposed bill. It is very very vital where India attracts so much FDI and where there tend to be a rise in Economic Growth in India.  

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Procedures for voting at an Public Co AGM
(Thursday, 27 August 2009) Written by Adrian Roche
Can someone advise me what the rules are for the minimum shareholder vote required for the approval of a resolution at an AGM.    I was advised it was 75% of members   thanks 

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Allotment of new shares with pre emption rights
(Monday, 10 August 2009) Written by Shiraz Ahmad
I am in the process of alloting new shares in a Ltd company and the Company's Articles and Investor Agreement contain a pre emption rights clause requiring them to be offered to the existing investors in proportion to their existing share ownership. My question is; When writing to the Company investors to offer the new shares: should I - 1. offer them at the premium rate stating that in absence of them renouncing the shares this will be interpreted as acceptance. or, 2. offer the investors the shares, asking for express acceptance in via writing? My preference would be the latter and not for an absence of a response to be construed as acceptance. Would there, in this process, also be any legal protocol for whether the shares are offered at nominal or premium rates? Any links to templates would be much appreciated. Thanks!

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50/50 shareholding
(Monday, 20 July 2009) Written by peter coates
Please can anyone tell me who employs the directors in this situation. Two are working and will not let the other two anywhere near the premises. The dividend paid is minute but their wages are astronomical. Must be a law against this.    

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Hello
(Friday, 17 July 2009) Written by Chris Davies
Hi,   Thanks for visiting these pages.  I hope to upload and comment on various issues relating to the new act and general common issues that arise within comany law.   Hopefully speak soon

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