Calls on contributories, Business Law and Ethics

Assignment Help:

Calls On Contributories:

                                      Every person who is a member of the company at the commencement of winding up and every past member is in principle liable to contribute to the company's assets whatever may be required to enable it to pay its debts in full.  Present and past members are therefore called "contributories". This serves to give present and past members the status of contributories with, for example, the right to petition for compulsory winding up. But if the company is limited by shares and its issued shares are fully paid the contributories have not liability to contribute anything in normal circumstances.

 A contributory may be liable to contribute in the following circumstances:

(a) if the shares which he holds or previously held are partly paid or if it is found that the rules on consideration have been breached in the allotment of shares as fully paid'

(b) if the company is limited by guarantee;

(c) if the company is unlimited.

As explained below the persons who are members at the time when liquidation commences are primarily liable (when there is any liability).  The liability of past members is very restricted.


Related Discussions:- Calls on contributories

Capacity to become a partner - partnership law, Capacity to Become a Partne...

Capacity to Become a Partner - Partnership Law Competence to enter in partnership is co-extensive about capacity to contract.  Actually an infant may enter in a contract eithe

Personal rights invaded - statutory provisions, Personal rights invaded: ...

Personal rights invaded:                    A shareholder may sue to protect from invasion their own individual rights as members.  This is illustrated by Pender v Lushington

Preferential debts, PREFERENTIAL DEBTS: These unsecured debts which ra...

PREFERENTIAL DEBTS: These unsecured debts which rank ahead of a floating charge and non-preferential debts are: (a) one year's taxes, i.e. corporation tax, PAYE income tax de

Explain clause compromis and clause compromissoire, Question 1: Define,...

Question 1: Define, distinguish and discuss the limits of each of the following mechanism of Alternative Dispute Resolution, namely; (a) Conciliation; and (b) Negotiation.

#title., What is hire purchase?

What is hire purchase?

Partnerships, Partnerships:                A partnership is defined by...

Partnerships:                A partnership is defined by s.3(1) of the Partnership Act   as "the relation which subsists between persons carrying on a business in common with

Form of reconstruction, Form of reconstruction: Where one company tran...

Form of reconstruction: Where one company transfers its undertaking (and assets) to another company in exchange for shares to be alloted direct or distributed to the members o

Practical consequences of incorporation, Practical Consequences of Incorpor...

Practical Consequences of Incorporation: In the course of delivering his judgment in Salomon's case Lord Halsbury stated that "once the company is incorporated, it must be tre

Remedies of the ultra vires lender, Remedies of the Ultra Vires Lender: ...

Remedies of the Ultra Vires Lender:                          In Sinclair v Brougham (26) the House of Lords explained that no action or suit lies at law or in equity to recove

Illustrate the case of environmental taxes, Illustrate the case of environm...

Illustrate the case of environmental taxes Consider the case of environmental taxes. There is clear evidence that International Environmental Agreements (IEAs) suffers from an

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd