Form of reconstruction, Business Law and Ethics

Assignment Help:

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 of the company, the company which makes the transfer must go into voluntary liquidation and the transfer must be approved by special resolution passed in general meeting.  The acquiring company may be a new company formed for the purpose.  There is then a change of company but the same shareholders as a group own the same business (through a company).  It is a form of reconstruction.  If however the acquiring company already has a business and a different group of members this method effects an amalgamation so  that the two groups of shareholders join together in holding the shares of a single company which owns both businesses (s.280).

A scheme of arrangement may be used in many different situations.  Essentially it is suitable for making a change in the rights of shareholders or creditors of an existing and continuing company.  But it can also be used to effect a take-over (as described in (a) above) or to carry out a reconstruction involving changes of company structure (s.207).


Related Discussions:- Form of reconstruction

Purchase of own shares - merger accounting, Purchase Of Own Shares: An...

Purchase Of Own Shares: Another possible way in which a company's paid-up capital may leave the company other than in the ordinary course of the company's business would be if

Managing director - company management, Managing Director: In Ellis v ...

Managing Director: In Ellis v Bailey and Company (East Africa) Limited (76) it was stated that "without specific authority in the articles directors may not appoint one of the

Relationship between banker and customer, Relationship between Banker and C...

Relationship between Banker and Customer Therefore the relationship between a banker and the customer is a debtor-creditor association that was articulated In the chief case o

Liquidators powers, Liquidators' Powers:                              ...

Liquidators' Powers:                                       The liquidator (in any type of liquidation) has numerous statutory powers but in the exercise of some of them he mus

Suspected illegal unreported and unregulated vessels, Question: (a) Sus...

Question: (a) Suspected Illegal, Unreported & Unregulated (IUU) Vessels calling into Mauritius Port are subject to a series of investigations, prior to authorizing unloading

Theobald , Theobald: Conversely there such I take to be the duty of th...

Theobald: Conversely there such I take to be the duty of the auditor; then he must be honest.... i.e. like he must not certify that what he does not believe to be true, reason

Contracts illegal at the common law, Contracts illegal at the common law ...

Contracts illegal at the common law However a contract which is prohibited through the common law is frequently described as being as "contrary to public policy" as i.e. the c

Outline the main propositions of harts concept of law, Question 1: How ...

Question 1: How does Kelsen distinguish between the act of a gang of robbers and the act of a tax authority? Question 2: Referring to legal theorists you have studied,

Effective collective bargaining, Question 1: (i) Explain clearly the d...

Question 1: (i) Explain clearly the difference between Individual Bargaining and Collective Bargaining highlighting with examples the contexts in which each of them applies.

Take an action in court, A is a Malaysian contractor in the oil and gas bus...

A is a Malaysian contractor in the oil and gas business. B is a large British oil exploration company. By a written Contract, B appointed A in January 2008 to maintain B's offshore

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