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Trading without a certificate

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Trading without a certificate

  • This topic has 3 replies, 2 voices, and was last updated 11 years ago by MikeLittle.
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  • June 2, 2014 at 11:00 pm #173040
    jerma
    Member
    • Topics: 25
    • Replies: 187
    • ☆☆☆

    What are the effects of trading without a certificate?

    June 3, 2014 at 5:50 am #173086
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23333
    • ☆☆☆☆☆

    Trading without a certificate of incorporation? None if you are a private individual or a partnership

    Trading without a trading certificate? None if you are a private individual, a partnership or a private company

    Does that answer it for you?

    If you are registered as a public company but you have not yet received a trading certificate and yet you commence trading, the contracts into which you enter are voidable at the option of the other party. That is, you are not able to enforce the contract against the other party, but they ARE able to enforce it against you.

    Where you have entered into a contract without a trading certificate and you are now being asked to settle the resulting obligation, if you fail to pay within 3 weeks, the directors become personally liable to settle the company’s debt (it’s an example of lifting the veil)

    Ok?

    June 3, 2014 at 4:20 pm #173274
    jerma
    Member
    • Topics: 25
    • Replies: 187
    • ☆☆☆

    Thanks!!!!

    June 3, 2014 at 6:18 pm #173352
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23333
    • ☆☆☆☆☆

    You’re welcome

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