Premium Essay

Term Paper- Company Law

In: Business and Management

Submitted By sajib014
Words 20124
Pages 81
COMPANY LAW

CHAPTER I

Introduction

1.1. Background of Company Law

The 'Company Law' in Bangladesh is provided and governed by The Companies Act 1994. Before independence of Pakistan, the Indian Companies Act 1913 was the main instrument in this sub continent regarding company business, which passed through major amendments, once in 1936 and then in 1938. Since independence of Pakistan in 1947 changes have been introduced into the Act from time to time not major in nature. After independence, Bangladesh took the Companies Act 1913 as the governing document of company business. Later on in 1994 the Government of Bangladesh enacted a new Act i.e., The Companies Act 1994 and this Act produced extensive changes in the Structure of Company Law, which was existed in that time. At present in Bangladesh, The Companies Act 1994 is the parent instrument of Company Law.

1.2. Objects and Purposes of Company Legislation

The Company is a form of business institution in which the funds of a large number of investors are managed by a few persons for the purpose of earning profits, which are shared by all the investors.

Following are the main objects and purposes of statutes relating to companies. 1) Encourage investments in companies by providing certain facilities, i.e., limitation of liability, transferability of shares etc. 2) Ensure due and proper administration of the funds and assets of companies in the interest of the investing persons. 3) Present malpractices by directors and managers. 4) Arrange for investigation into the affairs of companies and provide for effective audit in dealing with cases of dishonesty and fraud in the corporate sector.

1.3. Definition of Company

The term Company is used to describe an association of a number of persons, formed for some common purpose and registered according to the law

Similar Documents

Premium Essay

Term Paper on Company Law

...Executive Summury Harmonization of the rules relating to company law and corporate governance, as well as to accounting and auditing, is essential for creating a Single Market for Financial Services and products. In the fields of company law and corporate governance, objectives include: providing equivalent protection for shareholders and other parties concerned with companies; ensuring freedom of establishment for companies throughout the EU; fostering efficiency and competitiveness of business; promoting cross-border cooperation between companies in different Member States; and stimulating discussions between Member States on the modernization of company law and corporate governance. This report is a diagnostic assessment of the corporate governance regulations and practices in Bangladesh. The assessment is measured against international norms and current practices as recognized by the OECD Guidelines on Corporate Governance. The report identifies critical areas where institutions, regulations, or other economic factors in the corporate sector could be strengthened to improve corporate governance (CG). As such, the authors identify strengths and weaknesses of legal requirements, regulations, and corporate practices. To identify the current strengths and weaknesses, the authors drew heavily on a review of laws and a survey of businesses organisations carried out by the research team as well as a series of interviews with key stakeholders. This analysis will serve as a basis on...

Words: 6220 - Pages: 25

Premium Essay

Business Law Term Paper Topics

...Business Law Term Paper Topics Posted on March 6, 2012 by EssayShark Students find term paper writing a boring and challenging task. The most complicated part of the writing process is choosing the best one among good business law term paper topics. Luckily, the business law sphere is full of different topics and ideas. Business topics include the formation of a company, employee and commerce relations, regulations of insurance. Once you narrow down the topic, you find there is a lot of information on it. Business Law Term Paper Topics on Contract Law The contract business law sphere can be broken down into different categories, so the writer’s choices are quite varied. It is possible to write about breach of contract and its peculiarities. You can include as a part of your paper the case of Sondra Locke and Warner Brothers. Business Law Term Paper Topics on Tort Law Tort law is one more field of business law, including a lot of subcategories, for example: Falls and slips at work. Accidents because of work vehicles. Noisy and polluted working places. The level of care of the workers. One of the bright example of business tort law is a case of Ford Motor Company and Grimshaw. Business Law Term Paper Topics on Intellectual Property Law It is one of the most common law areas nowadays, although it was non-existent several decades ago. Students adore such business law term paper topics, such as trade secrets, trademark infringement and laws on copyrights. There...

Words: 381 - Pages: 2

Free Essay

Update Document Management

...documents the company for 30 (thirty) years and limited storage medium only in the form of documents on paper records an economic and administrative burden is heavy for the business world. Judging from the storage period, the length of document storage will result in the incurrence of costs are doubled. First, in terms of space, the storage certainly require a large storage space, which eksrtemnya sometimes obviates the need for human resource space. Secondly, in terms of strength of materials, long-term storage of paper documents is certainly also need space with placement and special treatment to protect it from humidity, of the danger of flooding or fire, acts of irresponsible and others. Judging from storage, document mencatatatkan liability companies yant limited to paper media will cause anachronism. Ie the business world we will be left far from the development, where other countries and internationally has been so phenomenal transactions that use nonpaper media (paperlles transaction). And on the other side, namely in terms of the development of the law, that if we still cling to such anakkronisme, legal authority, especially in the aspect of the proof will decline, because the law in this case is not used as a tool set that something matters or problems that occur in society more easily in care or in the finish. In the business world, the philosophy that should be in the highlight should make that law as a tool to manipulate social (Law as a tool of social...

Words: 1224 - Pages: 5

Premium Essay

Essay Mill

...Essay mill From Wikipedia, the free encyclopedia An essay mill (also term paper mill) is a resource that allows customers to purchase an original piece of writing on a particular topic. Customers provide the company with specific information about the essay, including: a page length, a general topic, and a time frame with which to work. The customer is then charged a certain amount for each page. [1] Contents [hide] 1 History 2 Products and services 3 Legal status 4 Criticism and controversy 5 Strategies for combating academic fraud 6 See also 7 Further reading 8 References History[edit] The ideology behind term paper mills can be dated back to the mid-nineteenth century in which "paper reservoirs" were located in the basements of Fraternity Houses. Otherwise known as "Fraternity files". these essay banks were practices in which students shared term papers and submitted work that had been done by other students.[2] These essay banks inspired the commercialization of ghostwritten essay-writing practices. As early as the 1950s, advertisements were circulating college campus that described services that included ghostwritten work for dissertations, theses, and term papers.[2] In conjunction with this practice, the changing attitudes of students in the 1960s and 1970s started to stray away from diligent and engaged course work because they saw an emphasis on the benefits of community involvement. A new focus on activities outside of the classroom took away from...

Words: 2835 - Pages: 12

Premium Essay

Tax Managment

...A Term Paper Report On DIRECT TAXES CODE (DTC): AN OVERVIEW MEANING AND IMPLICATIONS Submitted by Sharath Kumar USN: 1PB11MBA15 4th MBA: F2/’C’ Section Submitted to Prof. GVM Sharma Associate Professor Department of MBA PES IT, Bangalore DEPARTMENT OF MBA PES INSTITUTE OF TECHNOLOGY BANGALORE-570085 (2011-13 Batch) Abstract The Government of India had released the draft Direct Tax Code (‘DTC’) along with a Discussion Paper in August 2009 for public comments. Various stakeholders have provided their feedback and the Government subsequently released a Revised Discussion Paper in June 2010 addressing some of the key concerns on the DTC. The DTC would replace the existing direct tax legislation constituted by the Income Tax Act, 1961 and the Wealth Tax Act, 1957 with effect from April 1, 2011. It aims to simplify the language with an intention to remove uncertainty in interpretation of the tax law and mitigate undue litigation. While most of the provisions in the DTC meet these objectives, there are certain provisions relating to Minimum Alternate Tax (‘MAT’), General Anti-Avoidance Rules (‘GAAR’) and Determination of Residential Status of Foreign Corporate, which could have adverse and undesirable consequences. This term paper provides an overview of the key proposals in the DTC and their impact on both domestic and international businesses in India. Introduction The compatibility and conduciveness of a taxation system plays an important...

Words: 2890 - Pages: 12

Premium Essay

Campany Law

...Research Paper in CORPORATE LAWS - I AN ANALYSIS OF THE LEGAL REGIME OF COMPANY DEPOSITS Submitted By Sachin Malhan BLIG 757 Table of Contents TABLE OF CASES 3 INTRODUCTION 4 The Coming into Vogue of Company Deposits Thorns in the Side? A Cause for Control RESEARCH METHODOLOGY 6 WHAT CONSTITUTES A COMPANY DEPOSIT 7 What is a Deposit? Constitution of “Public” Loans and Deposits Debentures and Deposits Secured Deposits DEPOSITS EXEMPT FROM THE REGULATORY FRAMEWORK 11 Status of Unclaimed Deposits INVITATION OF DEPOSITS 13 INCORPORATION OF CREDIT-RATING IN DEPOSIT ADVERTISEMENTS CRISIL Ratings 15 FINALISATION OF MATTERS RELATING TO ACCEPTANCE OF DEPOSITS Limits on Amounts Invited for Acceptance 17 The FERA Factor Penalty for Accepting Deposits in Excess of Limits PAYMENT...

Words: 6090 - Pages: 25

Premium Essay

Business Law

...DECEMBER 2006 QUESTION PAPER Time allowed 3 hours This paper is divided into two sections Section A SIX questions ONLY to be answered Section B TWO questions ONLY to be answered Do not open this paper until instructed by the supervisor This question paper must not be removed from the examination hall The Association of Chartered Certified Accountants Paper 2.2(ZWE) Corporate and Business Law Section A – SIX questions ONLY to be attempted 1 Explain the distinction between binding and persuasive sources of law in Zimbabwe. (10 marks) 2 In relation to the law of contract: (a) Explain the interface between a voetstoots contract and aedilitian remedies for a latently defective article. (7 marks) (b) State whether the current law adequately caters for the present day demands of commerce in Zimbabwe. (3 marks) (10 marks) 3 In relation to the law of contract: (a) Explain the term breach of contract and the forms it usually assumes. (5 marks) (b) Briefly explain the major remedies available for breach of contract in Zimbabwe. (5 marks) (10 marks) 4 ‘The concept of estoppel is invoked to establish ostensible authority in cases of agency . . .’ Required: Explain the nature and function of estoppel in a contract of agency. (10 marks) 5 In relation to company law: (a) State the restrictions that are placed upon the right of a promoter to select a name for a company. (6 marks) (b) State the restrictions that are placed upon the right of a company to change or alter its articles...

Words: 1937 - Pages: 8

Premium Essay

Business Law

...Introduction: This paper features the process of importing and exporting in business, particularly that of the Jerk Sauce coming from Jamaica to the United States. In the succeeding parts of this written work, the whole paper is assessed, analyzed and reviewed. All aspects of this paper are evaluated in both quantitative and qualitative forms. The first assessment is the viability of the written work. The first question to be asked is if this business is viable enough for a businessman to invest in. Since a business’s viability is “measured by its long-term survival, as well as its capacity to have sustainable earnings over a period” (Murray, 2015, para.1). Tasty Jerkz Company for this reason would be considered a viable company. The paper clearly states in its Financial Statement Analysis part the production cost of the company to make the Jerk Sauce as well as the exporting costs. It is stated in the paper the exact figure of $19,600 was given as its first year’s production cost, with a projection of 30 and 35 increase for two consecutive years following it. Moreover, the viability of the company is gauged through the net profit mentioned in the term paper which has seen growth of approximately 23 percent in the second year, and 40 percent in the third year, increasing from a $28,200 profit as recorded in the first year’s sales. Because of the impressive increases and growths in profits, a rational businessman is most likely to invest in Tasty Jerkz. Worthy...

Words: 1558 - Pages: 7

Premium Essay

Term Paper in English

...Introduction: Partnership According to Rafael M. Lopez Jr. (Partnership and corporations,2012-2013) an association of two or more persons engaged in a business enterprise in which the profits and losses are shared proportionally. The legal definition of a partnership is generally stated as "an association of two or more persons to carry on as co-owners a business for profit" According to Yaacob, Z., Ismail (The basic aspect of partnership accounting,2009) “A partnership is an association of two or more people who agree to share in the profits and losses of a business venture. The members of a partnership are called partners.”. When discussing partnerships, there are three types of partners that need to be considered, a silent partner, limited liability partner, and a general partner. So when entering into the partnership, it needs to be known upfront exactly which type teach is going to be. There are also three different type of partnerships: a general partnership, limited partnership, or a joint venture partner. These three also need to be considered along with what type of partner each is going to be. When considering a partnership, there are many advantages of partnerships. For example, they are easy to establish and organize, the business benefits, along with many more. Like anything else in this world, there are also disadvantages of entering...

Words: 1222 - Pages: 5

Premium Essay

Business Law

...------------------------------------------------- Top of Form 1. Which of the following statements is true about the doctrine of unconscionability? | | It is an equitable remedy. | | | It is at law for contract damages. | | | It allows a judge to invalidate either a provision in a contract or the whole contract. | | | A and c   | Question 2 The power of the federal government to control and punish monopolies derives from which of the following? | | The Commerce Clause | | | The Separation of Powers Doctrine | | | The Monroe Doctrine | | | The ruling in Marbury v Madison | Question 3  Paul, who is not a licensed electrician, did all the wiring for an extensive renovation Manny had done to his home. Manny refuses to pay the full contract price, claiming the work was not done properly. It is illegal in their state to do electrical work for compensation without a license. Is Manny liable to Paul for his services? | | No, The contract is illegal, and Manny need not pay for the services. | | | Yes, to prevent unjust enrichment Manny is liable for the market value of the services. | | | Yes, although the contract is illegal, Paul can recover under promissory estoppel. | | | Yes, Paul can enforce the contract, but Manny is entitled to compensatory damages for any inferior work. | Question 4  Parole evidence is evidence based on _______. | | oral statements | | | usage of the trade | | | provisions...

Words: 3392 - Pages: 14

Premium Essay

Are Women and Man Equal in Society?

...associated money with power, the person bringing home the money had the power. The man often makes the final decision on all household matters because he has the money. The workplace is another place where men and women are not equal. Men are often applauded for being assertive and giving orders. By giving orders, men are taking a leadership role. Demonstrating leadership ability is a quality that employers often look Slava 2 for. On the other hand, women who are assertive and give orders are not well liked in th... [to view the full essay now, purchase below] Learn by seeing a well-written example Improve your grade Finish your paper faster Benefits of Purchase When you purchase a paper, these are just a few of the benefits you will appreciate. Follow the instructions below to view the complete essay, speech, term paper, or research paper: You may view this document now for only $19.95. This is the total cost - there are NO other charges. The...

Words: 3176 - Pages: 13

Premium Essay

Kaplan F4 Poocket Note

...Corporate and Business Law (Eng) ACCA Paper F4 Format of the Paper 10 compulsory questions each worth 10 marks consisting of: • 7 factual questions (knowledge) • 3 scenario based questions (application). Exam approach – scenario based questions • Follow ISAC approach: Identify the legal issues State the relevant law Apply the law Conclude Core Areas of Syllabus • • • • Essential elements of the legal system The law of obligations Employment law The formation and constitution of business organisations Capital and the financing of companies Management, administration and regulation of companies Legal implications of companies in difficulty or in crisis Governance and ethical issues relating to business • • • • Chapter 1 The English legal system The English legal system • Criminal law vs Civil law The main English civil courts • • • • House of Lords Court of Appeal County Court High Court of Justice Other courts • • • • Magistrates’ Court Employment Appeal Tribunal European Court of Justice European Court of Human Rights Chapter 2 Sources of English law Sources of English Law Case law Common law Legislation Direct legislation Indirect legislation Equity Sources of English Law • Literal rule • Golden rule • Mischief rule Chapter 3 Human rights Human Rights Act 1998 Purpose Derogation Human Rights Act 1998 Convention law Incompatible with convention Chapter 4 Formation of...

Words: 1428 - Pages: 6

Premium Essay

Business Administration

... | | |Employment Law | Copyright © 2009, 2007, 2006, 2004 by University of Phoenix. All rights reserved. Course Description This course provides an overview of federal statutes and state-regulated areas that affect the personnel function. Among topics addressed are EEO and affirmative action, OSHA, ERISA, FMLA, and ADA; employee privacy issues (polygraph testing, drug and alcohol testing, employer searching and monitoring); and wrongful discharge. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: University policies: You must be logged into the student website to view this document. Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Bennett-Alexander, D. D., & Hartman, L. P. (2007). Employment law for business (5th ed.). Boston, MA: McGraw-Hill. All electronic materials are available on the student website. |Week One: The Legal...

Words: 2454 - Pages: 10

Premium Essay

Riordan Corporate Compliance Plan

...Introduction The paper provides an overview of the Riordan Manufacturing Company and explains the purpose of the Corporate Compliance Plan. Next, the paper emphasizes four main issues which are Enterprise and Product Liability, Real and Intellectual Property, Governance and International Law related to Riordan's situation. The paper concludes with the Riordan's future legal responsibilities that can affect workforce productivity, customer relationships and customer relationships. 1. Organization Overview Owned by Riordan Industries, Riordan Manufacturing is an international plastic manufacturing company specializes in manufacturing plastic parts for the beverage manufacturing industry, automotive industry, and fan manufacturers with its headquarters lodged in California. After its foundation by Dr. Riordan in 1991, Riordan Company has tried to expand its capability in terms of production of plastics and beverages containers. The company has increased its level of productivity and opened a number of new manufacturing branches in Albany, Michigan, Pontiac, and China, Hangzhou. Riordan's product line includes plastic beverage containers produced at the plant in Albany, Georgia, custom plastic parts are produced at the plant in Pontiac, Michigan, and plastic fan parts produced at the newest facilities in Hang Zhou, China. Riordan's major clients are automotive parts and aircraft manufacturers, the Department of Defense, beverage makers and bottlers and appliance manufacturers...

Words: 1593 - Pages: 7

Premium Essay

Indian Culture

...countries they want to do business in. This paper discusses some detail Hofstede’s theory of cultural dimensions and how understanding the dimensions and as they relate to a specific culture can assist in determining a strategy for designing HRM policies to fit a particular countries culture. Although this paper will focus on India, you will be able to get a good idea of how the theory can be applied to any country with proper research of that countries culture. What is the definition of culture? It sounds like a very simple question, if you search the Internet, read books, talk to different people you will get different responses. However, if you pay close attention the answer is basically the same. To simplify things for the purpose of this paper I will use Merriam Webster Dictionary definition of culture: culture is the beliefs, customs, arts, etc., of a particular society, group, place, or time a particular society that has its own beliefs, ways of life, art, etc. a way of thinking, behaving, or working that exists in a place or organization (such as a business). From an HR/operations perspective understanding cultural differences is key to success in a global organization. This paper will focus on the Indian culture and the differences in US culture and the impacts on some HRM policies and approaches. Indian Culture and Business To fully understand the Indian culture would take some time. For the purpose of this paper I will focus on the business culture and specific...

Words: 1310 - Pages: 6