The Pros And Cons Of The Companies Act 2013

It affects the businesses by making the corporate officers can interact with the auditors. The act gives more independence to outside auditors as well. With the new act every business should know that every financial statement they produce should be valid and able to be backed up. Businesses can no longer get off the hook for simply not knowing that they were

In this report I will be describing how legislation and accounting concepts, could affect a business company’s accounting policies. I will also be talking what Acts contain, concepts and their importance, and also accounting policies. I will be supporting my work with examples.

The Doctrine of Separate Personality has been an important aspect in the Company Law for a long time. It had been discussed heavily in the Salomon v Salomon & CO (1987) which was the leading case for this matter (Dine and Koutsias, 2009, p.17). In fact, it may be the most well-known case in the company law. Company law is simply any laws that related to organizations and businesses in the UK. However, the one that established the doctrine of separate personality is not from Salomon case, it simply permitted its application to one-man and private companies (Kelly, Hammer and Hendy, p.356). Under the separate personality is said to be a ‘veil’ that separated between the owners and the business. This veil can actually be pierced whether under a companies legislation or common law. Thus, in this essay there will be discussions about the matter of separate personality and lifting the veil of incorporation with reference of the leading case Salomon v Salomon & CO and other cases that are related.

2 This is an OPEN book examination. You can only use your prescribed text book and the Corporations Act 2001. No other materials are allowed.

Barriers to Collaboration: A Review on the Impact of Companies Act 2006 [Type the document subtitle] [Pick the date] [Type the company name] pc   Table of Contents 1 Chapter 1: Introduction 4 1.1 Background to Study 4 1.2 Purpose of the Research 5 1.3 Research Aims and Objectives 6 1.4 Research Questions 6 1.5 Research Hypothesis 6 2 Chapter 2: Research Methodology 7 2.1 Introduction 7 2.2 Research Philosophy 7 2.3 Justification for choice of research philosophy– interpretivism 8 2.4 Research Approach 8 2.4.1 Deductive Approach – choice of research approach and justification 9 2.4.2 Mixed methods research 10 2.5 Research Design 10 2.6 Data Collection and Analysis 11 2.7 Sample size, method of data collection and justification 11 2.8 Ethical Issues 11 2.9 Validity and Reliability 12 2.10 Time Horizon 12 3 Chapter 3 - Literature Review 14 3.1 Introduction 14 3.2 The Company Act 2006 14 3.3 Shareholder Disputes 15 3.4 Informal Company Management 17 3.5 Barriers in Supply Chain Civil Industry 17 3.6 Collaborative Working and Conceptual Background 21 3.7 Managing Collaboratively 23 3.8 Main Contractor – Subcontractor Conflicts in Work Relationship 25 4 Chapter 4: Data Analysis and Interpretation 30 4.1 Quantitative Analysis 30 4.1.1 Shareholders’ Collaboration 30 4.1.2 Barriers to Shareholders’ Collaboration 32 4.1.3 Supply Chain collaboration 35 4.2 Comparison with Amendments made in Companies Act of India 48 4.3 Special Focus on Collaboration among Construction Companies 50

The powers and duty of the management of the corporation derives from section 198A of the Corporation Act 2001 (Cth) with additional common, tort and statutory law. However, the powers of directors are interpreted to be broad, including making decisions against the majority shareholder’s wishes . The codification of statutory duties is contained in sections 180-184 of the Corporations Act. The duties listed in these sections are interlocked to protect the corporation as a separate legal entity as well as its shareholders.

Where, upon the commencement of this Act, neither the memorandum nor articles of a company that is a private company by virtue of paragraph (a) of the definition of ‘private company’ in subsection 4(1) contain the restrictions, limitations and prohibitions required by subsection (1) to be included in the memorandum or articles of a company that may be incorporated as a private company, the articles of the company shall be deemed to include each such restriction, limitation or prohibition that is not so included and a restriction on the right to

There is restriction on raising the capital by selling share of the company in Limited company.

Company or Corporate law originally was derived from the Common Law of England, but has evolved significantly in the 20th Century. Many countries have forms of business entity unique to their countries. The doctrine of the veil of incorporation was demonstrated From the age long decision of House of Lords in the case of Salomon v. Salomon & Co Ltd (1897) The effect of the House of Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Company Act (1862) so that creditors of an insolvent company could not sue the company's shareholders to pay up outstanding debts.. The principle behind the veil of incorporation is what is referred to as limited liability that is that a company's creditors can

The Companies Bill passed by the Indian Parliament in Aug 2013 is a major overhaul for corporates since the decades old Companies Act 1956.

Certain company (Bank, shipping company, insurance company) are exempt from certain company Act requirements and the charge to the auditor is to give an opinion on whether or not the accounts have been properly prepared in accordance with the provision of the company Act

By section 33 (1) of the Companies Act 1965, the Memorandum of Association and Articles of Association of a company shall, when registered, bind the company and the members of the same extend as if they respectively had been signed

This chapter evaluates the features of disputes related to companies with regard to the Companies Act of 2006. The chapter will also discuss empirical research as well as its findings related to the Companies Act of 2006 coupled with various disputes and arguments related with it. It will include various claims with regard to the nature of such disputes and arguments along with the evidence available. Contemporary literature states that private companies are mostly established based on personal relationships and mutual trust of shareholders. In case there is any breakdown in shareholders’ relationships, then disputes may happen and these are known to be called as “exit disputes”. This literature study will use the term

The Companies Act, 1956 has cognate relations with the Jammu and Kashmir (Extension of Laws) Act, 1956 (Act 62 of 1956), the Adoption of Laws (No.3) Order, 1956, the Repealing and Amending Act, 1957 (Act 36 of 1957), the Repealing and Amending Act, 1964 (Act 52 of 1964), the Companies Tribunal (Abolition) Act, 1968 (Act 25 of 1968), the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, the Mysore State (Alteration of Name) (Adaption of Laws on Union

Abstract: Corporate Social Responsibility (CSR) is now a burning topic in India, which became prominent and most amplified in 2013 when companies were obligated to spend two percent of profit after tax in CSR activities set by the Ministry of Corporate Affairs, Government of India. Although, the concept of CSR is not new in India and has evolved and developed very well from hundreds of years in the form of philanthropy by the big Indian companies through donations into temples and opening schools, colleges and hospitals .In spite of this, there is a lot of confusion between the various terminologies related CSR. Some say it as corporate conscience, corporate citizenship or responsible business[1]. CSR signify different idea in different scenario, regions and time to different people. This paper provides an overview of the CSR concept and two major definitions which are so interlinked and used interchangeably over the time called as Corporate Social Responsibility and Corporate Sustainability .These are two concepts prevalent in Indian Industry which are confounding to managers. Hence, some companies produce only CSR report or a Sustainability report while both of them are supposed to be made separately for the societal benefit. After analyzing the case of Aditya Birla Group, it can be concluded that both are different from each other and CSR is a way to