Skip to content
ACCA exam results — Are you ready?Chat about it >>

ACCA Forums

LWACCA Specimen

JJames85006y ago
Section 122 Insolvency Act 1986 specifically provides a distinct ground for applying to have a company wound up on the ground that it is just and equitable to do so. Which of the following parties may petition to have a company compulsorily wound up under that provision? A Shareholders of the company B Creditors of the company C Debenture holders of the company D The Secretary of State ANSWER is A Q.Which of the following cannot petition for the compulsory winding up of a company on the grounds of insolvency under s.122 Insolvency Act 1986? A The board of directors B The members of the company C The company’s creditors D The Secretary of State ANSWER is B. Whats the difference between members and shareholders?
MMikeLittleTutor6y ago#1
This is something that you are unlikely ever to need in the rest of your life! However …. A member is, by statutory definition, a person whose name appears on the company's register of members A shareholder is a person that is beneficially interested in the share capital of the company So far, I imagine, that has not progressed you very far through to answering your question! How is it possible to have your name on the register and yet not also be beneficially interested? - by having recently held shares but, 2 days ago, you sold those shares. In that time gap between selling and the register being updated to reflect that sale … - by acting as the nominee for someone else - by acting in the capacity of a trustee of a trust where you are not also one of the trust's beneficiaries How can you be a shareholder and not a member? - by jointly owning shares with someone else and only one name has been notified to the company - by being the owner of bearer shares (there is no register maintained of bearer share holders) - by having bought shares 2 days ago and the register has not yet been updated - by being the beneficiary of a trust (no notice of any trust may be entered in the register, by law) But, as I said at the start of this response, you are most unlikely ever to have the opportunity to impress others that may ask you the question "What's the difference between a member and a shareholder?" If you wish to follow this up with me, please post your supplementary question on the Ask ACCA Tutor forum - that way I shall definitely see it and I shall respond OK?
Sign in to reply to this topic.