Practical consequences of incorporation, Business Law and Ethics

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 treated like any other independent person with rights and liabilities appropriate to itself". This means that the company, as an independent person, has rights and obligations which are not the same as the rights and obligations of the subscribers to its memorandum and the other persons who will join it later as its members. This is the fundamental attribute of corporate personality which is given practical effect in the following ways:

Limited liability:

The fact that a registered company is a different person altogether from the subscribers to its memorandum and its other members means that the company's debts are not the debts of its members. If the company has borrowed money,it and it alone is under an obligation to repay the loan. The members are under no such obligation and cannot be asked to repay the loan.

Posted Date: 1/12/2013 2:01:41 AM | Location : United States







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