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company law

SAsyed ali11y ago
separate legal entity concept says ownner of a company is legally separate from business or company so its mean company is separate legal person mike this mean if director of company misuse any asset the owner can sue him because they are separate legally
MikeLittleMikeLittleTutor11y ago#1
Who is the owner of the company that you have in mind?
SAsyed ali11y ago#2
shareholders are owners and directors are agents of shareholders
MikeLittleMikeLittleTutor11y ago#3
Ok, so if a director, without authority, uses a company asset then the shareholders would either ask for compensation / payment or they would remove him / her as a director
SAsyed ali11y ago#4
mike but in case foss vs harbottle 1843 two minority shareholder initiated legal proceedings against ,among others,the directors of company.they claimed that the directors had misapplied the companys assets the court dismissed the claim and held that when a company is wronged by its directors it is only the company that has standing to sue mike why court dismissed the directors are liable to shareholder
MikeLittleMikeLittleTutor11y ago#5
Because the directors are NOT liable to individual shareholders - they are liable to the company as a whole and, if a wrong is done to a company, it is the company that is the proper plaintiff. It's only if the company is being prevented from taking action - for example, the directors at fault are preventing the company pursuing those same directors - then a minority shareholder may take an action on behalf of the company But you're way too deep for F4 here!
MMarko11y ago#6
Hello, what is a difference between an ordinary resolution and a written resolution?
MikeLittleMikeLittleTutor11y ago#7
Have you watched the video on this? A written resolution may be any type ie ordinary or special (but not ordinary with special notice) and is only available for private companies An ordinary resolution is one that, to be passed, requires the approval of not less than 50% of the votes cast by members who are entitled to attend and vote and who do attend and vote