Company law Essay Example For Free At Magic Help - Free Essay Example

Sample details Pages: 6 Words: 1704 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Essay any type Did you like this example? THE ULTRA VIRES DOCTRINE OF COMPANY LAW IN ZAMBIA INTRODUCTION This assignment examines the debate on the legal issues surrounding the abolition of the requirement to submit a Memorandum of Association when applying to incorporate a company under the Zambian Companies Act 1994 cap 388 of the Laws of Zambia. This debate has been on the à ¢Ã¢â€š ¬Ã…“Objects Clauseà ¢Ã¢â€š ¬Ã‚  which used to be a requirement under the old Companies Act 1921 and was to remain as part of the Memorandum of Association thereafter until the company ceased to exist. ORIGINS OF THE OBJECTS CLAUSE A company on incorporation under the Companies Act cap 388 gives it a corporate personality which means that it gains the status of a separate legal entity from its shareholders or members.[1] However, as an artificial person, the company cannot make decisions and as such has to rely on humans to make decisions on its behalf. Don’t waste time! Our writers will create an original "Company law Essay Example For Free At Magic Help" essay for you Create order Therefore, the decisions and actions by the company officers, employees or indeed its agents will be taken to be those of the company which shall bear the liability. As such, as the company is to be regarded as an artificial person, the courts developed the view that its legal capacity had to be limited to its objects[2] and on incorporation to include the objects clause in its memorandum of association[3] which formed part of the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitution. This was with a view of safeguarding the interests of both the shareholders and the creditors by way of the doctrine of ultra vires. In summing up, it can be said that an objects clause is that provision in a companys constitution which provides for the purposes and the power to undertake only the activities for which the company was formed as was the case before the coming into force of the Companies Act cap 388. THE DOCTRINE OF ULTRA VIRES The doctrine of ultra vires[4] refers to those acts or decisions th at a company may undertake which are beyond the scope of powers granted by the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s objects clause in its memorandum of association. Ashbury Carriage Company v Riche (1875) The ACC was an incorporated company under the Companies Act of 1862. Clause 3 of the memorandum that: The objects for which the company is established are to make and sell, or lend on hire, railway carriages and wagons, and all kinds of railway plant, fittings, machinery, and rolling-stock; to carry on the business of mechanical engineers and general contractors; to purchase and sell, as merchants, timber, coal, metals, or other materials; and to buy and sell any such materials on commission, or as agents. The company agreed to provide Richie and his brother with finance for the construction of a railway in Belgium but later repudiated the agreement. Richie sued for damages. Held That the contract was void and that ratification, even if it had taken place, would have bee n wholly ineffective. PRESENT LAW Unlike before, the current Companies Act cap 388, does not have a mandatory requirement for companies incorporated under it to have a memorandum of association which should contain the objects clause. POWERS AND DUTIES OF DIRECTORS The Companies Act Cap. 388 provides under section 215 that: (1) The business of a company shall be managed by the directors, who may pay all expenses incurred in promoting and forming the company, and may exercise all such powers of the company as are not, by this Act or the articles, required to be exercised by the company by resolution. (3) Without limiting the generality of subsection (1), the directors may exercise the powers of the company to borrow money, to charge any property or business of the company or all or any of its uncalled capital and to issue debentures or give any other security for a debt, liability or obligation of the company or of any other person. VALIDITY OF ACTS However, s ection 23 provides that à ¢Ã¢â€š ¬Ã…“No act of a company, including any transfer of property to or by a company, shall be invalid by reason only that the act or transfer is contrary to its articles or this Actà ¢Ã¢â€š ¬Ã‚  seems to be a contradiction to sections 7 and 22. THE ARTICLES OF ASSOCIATION Before the 1994 Act, the articles of association where classed as being inward-looking and having a purpose of setting out the rules governing the running of the company. The articles hence formed an incorporated companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitution[5] which may deal with any matters of the company operations. However, the present Act does not, as stated above, make it mandatory for a company to submit a memorandum of association but provides under section 7 as follows: (1) A company may have articles regulating the conduct of the company. (2) The articles may contain restrictions on the business that the company may carry on. This means that there is no need of an objects clause to be included in the articles of association so as to restrict the business operations to conform to the objects and indeed should not specify its general nature of the company business. This assertion can also be inferred from section 7(4) which provides that à ¢Ã¢â€š ¬Ã…“a company on incorporation may adopt the regulations of the Standard Articlesà ¢Ã¢â€š ¬Ã‚  which do not contain a provision for the general nature of the business to be undertaken or indeed any restrictions. Furthermore, section 7(2) provides that à ¢Ã¢â€š ¬Ã‹Å"the articles may contain restrictions on the business that a company may carry onà ¢Ã¢â€š ¬Ã¢â€ž ¢, thus departing from the traditional role of covering mainly issues to do with the internal management of the company for which articles of association are often known for. Therefore, it could be inferred from this section that a company on incorporation may restrict its nature of business to be undertaken as agreed by the shar eholders. This inference is asserted to by section 22(3) of the Act which provides that à ¢Ã¢â€š ¬Ã…“A company shall not carry on any business or exercise any power that it is restricted by its articles from carrying on or exercising, nor exercise any of its powers in a manner contrary to its articles.à ¢Ã¢â€š ¬Ã‚  However, the restrictions that prohibit an incorporated company from carrying on any business in its articles of incorporation are on the preferences of the shareholders and as such the doctrine of ultra-vires whilst not being abolished is not mandatory. Therefore, where a company decides to place some business restrictions in its articles of association then that company is prohibited from carrying on any business or exercising any power that it is restricted by its articles. NOTICE NOT PRESUMED 24. No person dealing with a company shall be affected by, or presumed to have notice or knowledge of, the contents of a document concerning the companyà ¢Ã¢â€š ¬Ã‚ ¦.. This means that the interests of the third party who deals with a company is entitled to assume that it has the power to do anything it wishes are not affected[6] unless he was actually aware (notice or knowledge) of the restrictions. Therefore, section 24 basically abolishes the ultra vires rule against third parties who have no knowledge of the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s objects and are meant to assume that the director, agent or company employee they deal with has the power to make decisions. This has been acknowledged in the case of Freshint Ltd Others v Kawambwa Tea Company [2008] ZMSC 26 at (763) where it was held that à ¢Ã¢â€š ¬Ã…“in practice most people dealing with companies rely on the rule in Turquandà ¢Ã¢â€š ¬Ã¢â€ž ¢s case and do not bother to inspect the articles. à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦ The companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s authorized agents bound the company to comply with the contract and such liability cannot be avoidedà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦ . NO DISCLAIMER ALLOWED 25. A company à ¢Ã¢â€š ¬Ã‚ ¦..may not assert against a person dealing with the company or with any person who has acquired rights from the company that- (a) any of the articles of the company has not been complied with; (b) a shareholder agreement has not been complied with; (c) the persons named in the most recent annual return or notice under section two hundred and twenty-six are not the directors of the company; (d) the registered office of the company is not an office of the company; (e) a person held out by a company as a director, an officer or an agent of the company has no authority to exercise the powers and perform the duties that are customary in the business of the company or usual for such a director, officer or agent; (f) a document issued by any director, officer or agent of the company with actual or usual authority to issue the document is not valid or genuine; or APPLICATION FOR INCORPORATION Section 6 2(i) pr ovides that an application for incorporation shall be in the prescribed form and shall specify à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦. the nature of its proposed businessà ¢Ã¢â€š ¬Ã‚ ¦.. This means that all the features which could be found in the memorandum of association have now been incorporated into the Articles of Association including but not limited to: (a) The Name Clause; (b) The Objects Clause; (c)Each subscriber confirming their intention to form a company (d)Each member also agrees to take at least one share (e)Physical address of the office to be the registered office CONCLUSION This argument hence concludes that the requirements for the objects clause have actually been retained in through both the articles of association and Companies Form 2 which requires that the applicants specify the general nature of business to include the principal business and any other business (section 2). It could further be concluded that the filing of Form 2 re-enforces the notion that the doctrine of ultra vires has been retained in Zambia through the provision at section 3 that, à ¢Ã¢â€š ¬Ã…“The articles restrict the business that the company may conduct as followsà ¢Ã¢â€š ¬Ã‚  after which part these restriction will be specified. BIBLIOGRAPHY Davies, L. P., Principles of Modern Company Law, 8th Edn, Sweet and Maxwell, 2008 Dignam A. Lowry J., Company Law, 4th Edn, OUP, London, 2006 1 [1] Salomon v Salomon Co [1897] A.C 22, HL, at 51, per Lord Macnaughten [2] Ashbury Carriage Company v Riche (1875) [3] Guinness v Land Corporation of Ireland (1882) [4] Ultra vires is a Latin expression which lawyers and civil servants use to describe acts undertaken beyond (ultra) the legal powers (vires) of those who have purported to undertake them. Davies P.L., Principles of Modern Company Law, at p153. [5] Davies P.L., Principles of Modern Company Law, 8th Edn, Sweet and Maxwell, 2008, at p62 [6] Royal British Bank v Turquand (1856)

Female Characters Of The Play Medea - 1377 Words

In Euripides’ play Medea, the audience is introduced to a uniquely female perspective often absent in Greek drama. Of course, this perspective, being written by a man, is not absent of the female mythological archetypes common throughout all of Greek literature. Most of the female characters hold archetypal roles to move the story forward. However, during the course of the play, Medea defies a simple archetypal prescription. She fits in between the lines of a â€Å"good† character and â€Å"bad† character, plays many different roles for her own ends, but still remains sympathetic. Medea takes on different female roles in order to accomplish her goals, however she as a character does not fit neatly into any one female archetype. This speaks to her greater role as a tragic hero, magnifying her manipulations and her reasons for doing so—her struggle as a powerful woman to find a place to belong. 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The Wisest Things - 783 Words

One of the wisest things we can do for ourselves as people is walk in integrity. Walking in integrity means that we are constantly walking in truth and doing things according to God’s plan, rather than following the mischievous plan of the enemy. To walk in integrity also means to do what is righteous in the eyes of God, even behind closed doors. We have to be mindful that as believers in Christ, we are â€Å"living epistles† (2 Corinthians 3:2); we are the story of who Christ is to many, therefore we have to do our best to exemplify Christ through our lifestyle and make sure He is being glorified. When we share Christ with others, we should be able to use our lifestyle to back up what we are saying. When we look at the word of God, we learn that from John 10:10 that the enemy comes to â€Å"steal, kill, and destroy†. 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A Plan For A Life Change - 1669 Words

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A Field Trip to Dell, Inc. Website Free Essays

This is one business in the United States where IT is the center of commerce, and people are in constant interaction with technology. Background Purpose The writer has made a field trip to Dell, Inc.’s business website early at around 6 am on the 7th day of August 2007. We will write a custom essay sample on A Field Trip to Dell, Inc. Website or any similar topic only for you Order Now    I chose this site because Dell, Inc. has basically been one of my favorite brands when it comes to computer hardware products like personal computers, servers, software, data storage devices, and personal digital assistants.   Dell manufactures even my PC, so instead of going to Round Rock, Texas where its headquarters are presently located, I used IT and the media to connect to the company and make a ‘virtual’ field trip. My purpose here is to evaluate five things: first, the purpose of the website; second, the assumed user profile; third, the psychological and social human habits that are reflected in their website design; fourth, the advanced technology or technologies that they use; fifth, the way media visitors interact with technology; sixth and last, whether the technology affects cultural and social interactions.   What I should be careful to observe are the physical and human environments that are good precursors of interpersonal relationship. Findings From my virtual field trip on Dell, Inc., my findings can be described as follows: 1.  Ã‚  Ã‚  Ã‚  Ã‚   The purpose of the website is multi-faceted, although the overall function of the site is to inform people about their company, their business, their products, the events that they have, and the benefits of choosing them as a computer manufacturing company. 2.  Ã‚  Ã‚  Ã‚  Ã‚   The assumed user profile revolves around high-tech visitors of big suburban cities around the world (the Western, most especially).   It appears from its website design that the major group of people that are being invited to enter are those that are from the middle age, middle class society mainly because of the simplicity of design, some picturesque views, and a group of middle-aged, middle class people that are shown interacting.   Business investors are also included in this virtual user profile. 3.  Ã‚  Ã‚  Ã‚  Ã‚   The psychological and social human habits that are reflected in their website design constitute the concepts of simplicity, brotherhood, purity or creed (The Soul of Dell), being environmentally friendly, and the magnitude of technology. 4.  Ã‚  Ã‚  Ã‚  Ã‚   The advanced technologies that the company use can be subdivided into the following categories: first, the high-tech marketing information systems; second, the ultra-modern system of computer product manufacturing; third, the use of digital equipment for customer and human resource management; fourth, the use of ‘virtual integration’ and ‘fast-cycle segmentation’;[1] fifth and final, the ongoing use, innovation and improvement of Dell computer and its digital technology. 5.  Ã‚  Ã‚  Ã‚  Ã‚   Media visitors of the Dell, Inc. website interact with technology from the start of the virtual tour up to the end.   Each buttons that they use in their personal computers bring them to a different tab or window in their screens, and all these can be labeled as interactions with technology. 6.  Ã‚  Ã‚  Ã‚   Based on my virtual tour at Dell, Inc. website, it is very obvious that technology affects cultural and social interactions.   Companies have the power to reflect cultural, social, and psychological views in the designing of their websites, in the laying out of fundamental ideas and codes, and in the types of information that are being shown. Conclusions Beforehand, it was my preconception that Dell, Inc.’s physical and human environments would only revolve around the higher-class society of the Western world. However, based on the front picture on their website, the city that is shown does not necessarily pertain to the Western world but any city around the globe that is high-tech and virtual.   From brown hairs to black, the only thing that is similar among the people that were shown in the web pictures was that they were all high-class and contemporary.   Human habits depict one that is globally interconnecting, with a concern for earth and brotherhood. This visit changed my views by revealing that IT does not simply interact with people as a whole but that it connects with every viewer by reflecting significant psychological and social human habits that are most appealing for a given time and environment.   As of now, the environment covers the global spectrum because we are in the digital age, and the only American emblem that we see is the small flag of the USA.   Technology has the power to affect cultural and social interactions by affecting interpersonal relationship at best. Speculation It is my speculation that cultural and political wars do not help virtual companies like Dell, Inc..   This is because the overall concept that is readily seen in their website is one on concord and brotherhood.   The company has to ignite a very positive aura in the media, yet with all these they should also be true to their country as well.   To be a virtual company is to be clever both in social and interpersonal relationships inside and outside the country. References Dell, Inc.   (2007).   Company: about Dell.   Retrieved August 7, 2007, from http://www.dell.com/content/topics/global.aspx/corp/en/home?c=usl=ens=corp~ck=mn. Magretta, J.   (1998).   The power of virtual integration: an interview with Dell Computer’s Michael Dell.   Harvard Business Review, March-April, 73-84. [1] This makes use of the most sensible timesaving devices, such as customer focus, supplier partnerships, mass customization, and just-in-time manufacturing. How to cite A Field Trip to Dell, Inc. 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Wildlife Trafficking Primate Ecology and Conservation

Question: Discuss about the Wildlife Trafficking for Primate Ecology and Conservation. Answer: Introduction: In the current world we live in, business has had a major impact on peoples lives as well as improving the countrys economy. This is not the case as people try and misinterpret and go to a point of doing illegal business. Wildlife trafficking, being amongst the most illegal practiced trade is evident to generate a lot of income; however, it has its disadvantages too. Wildlife trade is defined as the buying and selling of products that are extracted from non-domesticated animals or plants from their original natural environment (Peyton, 2009). This essay will provide clear information about how the wildlife is subject to hazardous substances that also affect the whole nation. It will contain information and concerns that should be taken in order to protect the wildlife creatures and their habitants or to minimize the negative effects this kind of trade activity brings about (Wyatt, 2013). The products can involve dead or living body parts such as bones, skins, horns or even meat. This kind of business is both illegal and legal. Talking of legality, it is regulated by the United Nations Convection on International trade in Endangered Species of wild Fauna and Flora (CITIES). Compared to selling of drugs and weapons, illegal wildlife trading is considered as one of the major illegal economic activities carried out. According to research carried out by CITIES, it is recorded that every fifteen minutes one wild animal is killed because of its skin, horns and tusks. One of the animals that is majorly focused on is the elephant. Nearly 100- 200 elephants are recorded to have been killed in a day, totaling up to 40,000 elephants in the whole year (Eleanor, 2013). It is a challenge in the environment we are currently in as a continuous practice of this act could make the species extinct. Through both the local and the international market, there has been an issue of high levels of wildlife trade, which has been a challenge as it has been affected by the long history on wildlife interventions. The main factor that keeps the poachers going is the profits they get from selling the skins and tusks. (Sara, 2014). Other reasons for practicing poaching is to gain clothes and food. Not all animals get poached because of their horns, some get killed because of their skin which is used as clothing such as handbags and shoes or even ornaments by human beings as other engage in poaching for food. Wildlife is a general term that is used by all users of wildlife products. Their uses include practicing of traditional rituals or religious uses, bush meat as a source of food and as a form of trade. Wildlife use is usually related to hunting and poaching. Wildlife trade can be categorized into two that is legal and illegal trade, and both can have local or international markets. However, there might be often relation between the two trades. Often, the trade includes the trade of living individuals of wildlife species for zoological institutions. These individuals are sometimes considered as semi- domesticated or bred during the captivity for the purpose of trade. Wildlife trade has a wide range of negative side-effects (Daan, 2016). These negative effects affect both the environment, population and the local surrounding community. We are currently living in a timeline where our ecosystem is depreciating (David, 2012). Due to its sensitivity, it is our priority to preserve the wild animals and ensure they are secure. Poaching is also known as stealing and or killing of animals for their products illegally. It is dangerous to the environment as it can lead to the endangerment of different species available in the environment. The survival of species located at a specific environment, depends on the environmental ecosystem, health and balance. One of the greatest fears and threat to wildlife animals is extinction of species. An example of an endangered wildlife is rhino and elephants. A type of rhinos that is extinct is the black rhinoceros (Gary, 2016). With the remaining subspecies of the black rhino are highly endangered as they are believed to carry healing properties in their horns. The death of these animals through poaching will make these species extinct and as with their healing properties the government will be forced to look for different sources for the healing properties. Poaching is harsher than other jobs available, a reality that is faced by many communities and the government (Martin, 2013). According to research by Monitoring the Illegal Killing of Elephants (MIKE) And Elephant Trade Information System (ETIS), the elephant population is being lost to the poaching crisis especially for the ivory. This therefore reduces the number of elephants and thus challenging tourism directly. Furthermore, the study by ETIS says revenue lost is much higher than paying for the anti-poaching measures. The study looked at the tourists and elephants data in several countries and concluded that there were losses financially due to less tourists in protected areas because of illegal wildlife trade. In summary, poaching is an activity that has to end otherwise the animals will become extinct. Various organizations and the government have rules are set to deal with poachers, but this move does not seem to be enough. Poachers should be punished by law with a very harsh and even a higher fine and penalty. Although this has been implemented in many countries poaching is still happening and people get away in different circumstances. This entails a quick coverage of wildlife trading, its general meaning, reasons of practicing the trade as a business activity and a brief on the impacts it has to the countrys economy that is tourism and the environment. Important topics such as poaching of the wild animals and its general importance the major points that is discussed in this essay. References Daan, P., (2016). The Illegal Wildlife Trade. London: Springer. David, G., (2012). Biotic Evolution and Environmental Change in Southern Asia. London: Cambridge University Press. Retrieved on 28th April 2017 from https://books.google.co.ke/books?id=02YgAwAAQBAJdq=wildlife+tradesource=gbs_navlinks_s Eleanor, S., (2013). Primate Ecology and conservation. United States of America: OUP Oxford. Retrieved on 28th April 2017 from https://books.google.co.ke/books?id=6rgPMqshiUECdq=wildlife+tradesource=gbs_navlinks_s Gary, R.P., (2016). The Geography of Environmental Crime: Conservation, Wildlife Crime and Environmental Activism. London: Springer. Martin, B., (2013). illegal Markets and the Economics of Organized Crimes. New York: Routledge. Peyton, F., (2009). The Economics of Agricultural and Wildlife Smuggling. United States of America: DIANE Publishing Sara, O., (2014). The Trade in Wildlife. New York: Routledge. Wyatt, T., (2013). Wildlife Trafficking. London: Springer.

Freedom of the Press free essay sample

Liberty to print or to otherwise disseminate information, as in print, by broadcasting, or through electronic media, without prior restraints such as licensing requirements or content review and without subsequent punishment for what is said. Freedom of the press or freedom of the media is the freedom of communication and expression through mediums including various electronic media and published materials. While such freedom mostly implies the absence of interference from an overreaching state, its preservation may be sought through constitutional or other legal protections. With respect to governmental information, any government may distinguish which materials are public or protected from disclosure to the public based on classification of information as sensitive, classified or secret and being otherwise protected from disclosure due to relevance of the information to protecting the national interest. Many governments are also subject to sunshine laws or freedom of information legislation that are used to define the ambit of national interest. We will write a custom essay sample on Freedom of the Press or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Freedom of the press, which has been limited not only by governments but at times by churches, is absolute in no country. In modern democracies it is rarely attacked by overt forms of censorship but is often compromised by governments ability to withhold information, by self-censorship in reaction to various pressures, by selective government leaking of information or disinformation, and by other factors. In the United States, freedom of the press and the broader freedom of speech are protected by the First Amendment to the Constitution and are considered fundamental rights of the people. In practice, though, some kinds of speech and publication (e. g. , obscenity or violations of copyright) are considered outside the amendments purview, and others, like commercial speech (advertising or product claims), receive a reduced level of protection. In addition, broadcasters are subject to government licensing requirements. The protections to be afforded users of on-line computer services, the Internet, and other new means of publication are the focus of a developing debate; in 1996 a federal district court panel struck down the new Communications Decency Act, holding that Internet communications were entitled to the same degree of protection as printed communications. History Historically, restriction of the press has occurred in two ways. The first may be either censorship or mandatory licensing by the government in advance of publication; the second is punishment for printed material, especially that considered by the government to be seditious libel. Censorship of the press began not long after the invention of the printing press. Pope Alexander VI issued (1501) a notice requiring printers to submit copy to church authorities before publication, in order to prevent heresy. Penalties for bypassing the censors included fines and excommunication. Key Principles -Publishing was liberalized, with the law requiring only that publishers present their names to the authorities and deposit two copies of every work. -The authorities were denied the power to suppress newspapers. -This had previously enabled prosecutions of critics of the government, monarchy and church, or of those who argued for controversial ideas on property rights. The scope of libel was severely reduced, with the criteria for defamation being much more tightly defined -A limited number of press offences was retained, including outraging public morals, and insulting high-ranking public officials including the President of the Republic, heads of foreign states and ambassadors. Scope -It applies to statements made publicly, whether through oral or printed means. -In recent years, French courts have repeatedly ruled that the law also applies to defamatory content communicated via the World Wide Web. Defenses -Truth of the defamatory statement is available as a defense in most libel cases other than those concerning the privacy of the plaintiff. -Where privacy is infringed, truth is not an absolute defense, though some latitude is permitted if the plaintiff is a public figure. A plea of good faith is permitted by the courts in circumstances where the issues at stake concern matters of public interest. A defendant may be acquitted on that basis if the court is satisfied that the defendant has carried out at least a basic verification of the source of the information on which the defamatory statement is based. The Universal Declaration of Human Rights states: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference, and impart information and ideas through any media regardless of frontiers This philosophy is usually accompanied by legislation ensuring various degrees of freedom of scientific research (known as scientific freedom), publishing, press and printing the depth to which these laws are entrenched in a countrys legal system can go as far down as its constitution. The concept of freedom of speech is often covered by the same laws as freedom of the press, thereby giving equal treatment to spoken and published expression.