Effect of registration, Business Law and Ethics

Effect of Registration:

S.16(2) of the Act provides that "from the date of incorporation mentioned in the certificate of incorporation the subscribers to the memorandum of association... shall be a body corporate by the name contained in the memorandum". Therefore this section has been judicially explained as follows:

                   (a)     The date mentioned (i.e. written) in the certificate  of incorporation is the date from which the company's legal existence commences. Subsequently whether an incorrect date is written in the certificate in which date would be regarded as the actual date on which the company was registered. This legal position was explained by the House of Lords, under the English Companies Act whose provisions in this regard are identical to s.16(2) of the Kenya Companies Act, in the case of Jubilee Cotton Mills v Lewis (2)

                   (b)     The company's registration constitutes it "a body corporate". It becomes "a legal person", or "corpora corporata", whose name is the name chosen for it by its promoters and written in its memorandum of association. The certificate of incorporation may therefore be regarded as the company's birth certificate and the date written therein as the company's birthday.

Posted Date: 1/12/2013 2:00:45 AM | Location : United States







Related Discussions:- Effect of registration, Assignment Help, Ask Question on Effect of registration, Get Answer, Expert's Help, Effect of registration Discussions

Write discussion on Effect of registration
Your posts are moderated
Related Questions
Question: a. An Ethical dilemma is a complex situation that often involves an apparent mental conflict between moral imperatives, in which to obey one would result in transgre

Recovery of Premium - S. 44 One partner has paid a premium for another on entering in a partnership to a fixed term such and the partnership is dissolved previous to the expir

Spill over Effects of Monetary Policy There are three broad ways in which aggregate demand policies in one country can spillover to affect another country. These are the real i

You and a friend form a corporation (Company) together selling refurbished handbags.  Your responsibilities are to decide sales and your friend's, Patty, is to manage operations an

Exceptions to the doctrine of Privity of contract Further there are a number of exceptions to the privity of contract rule of which the subsequent may be stated: (a) Agenc

Domicile law of UK However a person's domicile is such country in where he either has or is deemed through law to have, his permanent home.  Hence it is the country of permane

(a)  In Malaysia, there are many sources of written and unwritten law. Discuss the sources of unwritten law.      (b)  What are the different methods used in interpretation of s

Explain the first kind of treaty Under international law, treaties primarily serve three separate purposes, though any one treaty may perform more than one function. The first

Question 1: What are the procedures that an employer should follow before he will dismiss a worker for misconduct? Question 2: Section 39 of the Labour Act provides fo

Effect of Registration: S.16(2) of the Act provides that "from the date of incorporation mentioned in the certificate of incorporation the subscribers to the memorandum of a