英国论文没过:公司法的案例研究

26 7月 英国论文没过:公司法的案例研究

英国论文没过:公司法的案例研究

如果尼克坚持不向其他成员提供他的股份,这是一个严格违反公司章程的规定,股东必须提供自己的股份给另一个成员谁将同意支付一个公平的价格,如果股东不提供购买他的股票,那么他可以咨询一个外部买家出售他的股份。在这里,必须指出的是,不同的买家抵达的估值将实际上是不同的,这将取决于该公司的表现,这不幸的是不令人兴奋。由于备忘录中提到的所有内容和对象都被视为转移到公司章程,遵守和坚持文章的限制是董事和股东的首要优先。因此,可以看出,尼克不能出售股份给外人除非他谈判与内部股东谁愿意为相同的支付公平的价格。

自公司法2006推出以来,公司没有必要拥有一个独立的公司章程,因为所有已在2006之前被合并的公司,备忘录的内容被视为转让给公司章程。这是因为一些内容和对象正在创建对公司的自我限制。现在的文章是主导的文件,是公司内部和外部事务应遵循的,因此文章已成为首要的要求和任何公司的主要文件(lawteacher.net,2014)。因此,该备忘录已被渲染多余的2006幕,自那时起,文章已被赋予了首要的重要性和备忘录已具有历史意义。

英国论文没过:公司法的案例研究

If Nick is insisting not to offer his shares to other members first, it is a strict violation of the Articles of Association which states that a shareholder must offer his shares to another member who will agree to pay a fair price, and if the shareholder do not offer to purchase his shares, then he may consult an external buyer to sell his shares. Here it must be noted that the valuation being arrived by different buyers will in fact be different and this will be dependent on the company’s performance, which unfortunately is not exciting. Since all the contents and objects including restrictions mentioned in the memorandum has been deemed transferred to the Articles of Association, following and adhering to the Articles restrictions is the foremost priority of the directors and shareholders. Thus, it is seen that Nick cannot sell shares to an outsider unless he negotiates with an internal shareholder who is ready to pay a fair price for the same.
Since the introduction of the Companies Act 2006, there is no need for companies to have a separate Memorandum of Association, because for all existing companies that has been incorporated before 2006 the contents of the memorandum are deemed to be transferred to the Articles of Association. This is because some of the contents and objects were creating self-imposed restrictions on the company. Now the Articles is considered the pre-dominant document containing the internal and external affairs of the company that are to be followed, therefore the Articles has become the foremost requirement and the main document of any company (Lawteacher.net, 2014). Thus, the memorandum has been rendered redundant by the 2006 Act and since then the Articles has been given primary importance and the memorandum has been of historical significance.