Companys debts, Business Law and Ethics

Assignment Help:

Companys debts:

In case a company is unable to pay its debts the creditors, or a creditor, may petition the High Court for an order to wind it up. During the winding up the members will be called upon to pay the amount which is unpaid on the shares they hold, if any, in the case of a company limited by shares, or the amount prescribed by the memorandum, in the case of a company limited by guarantee.

It should be noted that, in the case of a company limited by shares, what the members are paying are the amounts they owe to the company as its debtors in respect of shares that were sold to them on credit and have not been paid for in full. The company's liquidator will in turn use the money so paid to pay off, or reduce, the company's debts.

The other point to be noted is that a company's creditor cannot institute legal proceedings against a company's member in order to recover from him what he owes the company. This is because the member does not, legally,become his debtor merely because the company is his debtor.


Related Discussions:- Companys debts

Explain about the international commission of united nations, Explain about...

Explain about the international commission of United Nations. The International Law Commission: Established into 1948 year, the mandate of International Law Commission is

Explain the laws and rules of atlantic case, Explain the Laws and rules of ...

Explain the Laws and rules of atlantic case There are several laws and rules which were applicable to this situation: Paris Convention on Aerial Navigation of 1919 H

Advantages of stare decisis - practicality, Advantages of Stare Decisis - ...

Advantages of Stare Decisis - Practicality In fact the case law method has enabled judges to adopt a practical approach for legal problems since those problems have arisen

Legal environment in the education sector, QUESTION 1 The use made of d...

QUESTION 1 The use made of decision-making bodies such as commissions, boards, tribunals and statutory bodies for the purpose of achieving celerity in public affairs opens the

How to explain the apparent lack of expressions, How to explain the apparen...

How to explain the apparent lack of expressions There are several ways to explain the apparent lack of expressions of the impacts. In fact, there are arguments that political

Fraudulent preference - liquidator, Fraudulent preference - liquidator: ...

Fraudulent preference - liquidator: When a transaction is void as a fraudulent preference any charge created is void and any cash paid or property transferred by the company

Describe the main stages of money laundering, QUESTION 1 (a) Describe t...

QUESTION 1 (a) Describe the main stages of money laundering? (b) Is the current Mauritian Banking Act strong enough to protect depositors and maintain financial stability gi

What is the dispute resolving mechanism, What is the dispute resolving mech...

What is the dispute resolving mechanism Obligation to follow a treaty between states arises only when it has been concluded in a written form. Moreover, a treaty must be in a

Define the principle of prescription, Define the principle of prescription ...

Define the principle of prescription Prescription   (res  nullius-an  asset susceptible of acquisition but presently under the ownership or sovereignty of no legal person). Pr

Identify the issues which have created negative impact, Mr. Andrew is the C...

Mr. Andrew is the Chairman of Board of Directors of Stylish Garments plc. He believes that the success of the business depends mainly on a committed, loyal work force. Therefore th

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