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Dissertations / Theses on the topic 'Company law'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Nzunda, Matembo Simbeye. "The company law of Malawi." Thesis, University of Cambridge, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.306562.

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2

Dobatkin, Dmitry. "Company law of Russia : statutes." Thesis, University of Oxford, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.425730.

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3

Lee, Lai-lan, and 李麗蘭. "The new PRC company law: a comparison with Hong Kong company law : its adequacies and deficiencies." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1995. http://hub.hku.hk/bib/B31266629.

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4

Lee, Lai-lan. "The new PRC company law : a comparison with Hong Kong company law : its adequacies and deficiencies /." Hong Kong : University of Hong Kong, 1995. http://sunzi.lib.hku.hk/hkuto/record.jsp?B14038882.

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5

Öster, Alexandra, and Cecilia Alm. "The European Company : From a Swedish private company perspective." Thesis, Jönköping University, Jönköping International Business School, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-591.

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<p>The development within the European Union is that we are heading towards a common internal market. The law has during the year become more harmo-nized within the Union in many areas.</p><p>The company law within the European Union has become harmonized through several company law directives and the freedom of establishment, which is included in the EC Treaty.</p><p>The aim of an internal market is about to be achieved, but there are still differences between the systems of law within the Member States. To avoid these differences within the area of company law a common European company type

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6

Al-Zahrani, Youseif A. M. "Rights of shareholders under Saudi company law." Thesis, Brunel University, 2013. http://bura.brunel.ac.uk/handle/2438/8284.

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The thesis examines the efficacy of the provisions of Saudi Company Law 1965 in terms of protecting the rights of minority shareholders in joint stock companies (JSCs). The aim is to assess the effectiveness of the current form of SCL 1965 in this regard and to suggest a reform scheme. This research finds that SCL 1965 does not adequately provide minority shareholders with all the rights that they should enjoy. Accordingly, minority shareholders are often subject to the controlling influence of majority shareholders, who are generally in charge of the company’s management. As a result, minorit

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7

Barma, Hussein. "Legal aspects of financial reporting in company law." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.322717.

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8

Knuutinen, Jyrki Kalevi. "The equal value of shares in company law." Thesis, University College London (University of London), 2006. http://discovery.ucl.ac.uk/1444760/.

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This thesis is about the value of shares. The focus is on analysing the norms of company law governing shares, shareholders' rights, and share value. A central point is that according to company law the value of shares is merely a matter of fact and opinion. In brief, shareholders decide about their shares thus, share value is more a question of markets than of law. On the other hand, law has a role in setting the value for shares. The law determines which opinion should prevail if there is disagreement about valuation furthermore, company law sets restrictions on shareholders' power. The equa

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9

Kelly, David. "Money-capital and company law : a historical analysis." Thesis, University of Kent, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.278196.

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10

Ngaleka, Victor P. "A study of the impact of company legislation on the fiduciary duties of directors with regard to contracts with the company." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12905.

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Includes bibliographical references.<br>A company, as a separate legal personality, is not able to act on its own accord. It must necessarily participate in legal transactions through natural persons acting on its behalf. Directors are the persons who act on behalf of the company in transactions with third parties. Their functions and responsibilities arise by virtue of the company as being a separate legal personality. The company acts through its organs. One of its organs is the board of directors, which is entrusted with the management of the business of the company. The other organ, throug

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11

Miliauskas, Paulius. "Company law aspects of shareholders' agreements in listed companies." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140210_082644-55405.

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The dissertation analyses legal aspects of shareholders’ agreements concluded in listed companies using theoretical model provided by agency theory. The author provides qualitative research which identifies the nature, qualifying characteristics of the shareholders’ agreement, as well as different aims of contracting shareholders. Voting agreements and transfer of voting right agreements constitute part of the academic analysis provided in the dissertation. Lithuanian regulation of shareholders’ agreements is compared with Belgian and the UK legal systems. An extensive empirical research is ca

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12

Dean, Janice Louise. "Directing public companies : company law and the stakeholder society." Thesis, Brunel University, 2000. http://bura.brunel.ac.uk/handle/2438/5289.

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This thesis examines the legal duties of directors of UK public companies in the light of the 'stakeholder' approach to the firm. It considers the theory that directors are not simply agents of shareholders, but have a duty to take into consideration and, where appropriate, to balance the interests of several constituencies. Examples of suggested stakeholders include employees, customers, suppliers and creditors, as well as the local community and the natural environment. If this broad view of public company responsibility is warranted, the role of the law in securing a 'stakeholder' style of

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13

Monyamane, Sasha. "The place of corporate social responsibility in company law." Thesis, University of Strathclyde, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.367230.

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14

Babb, Corlita Annette. "Rethinking the concept of ultra vires in company law." Thesis, University of Cambridge, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.439121.

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15

Schulte, Richard Craig. "Groups of companies : the parent subsidiary relationship and creditors remedies." Thesis, Durham University, 1999. http://etheses.dur.ac.uk/1465/.

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16

Mollica, Viviana. "European company : an analysis of the concept beyond the latest EU directives on company law." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608241.

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17

Amosh, Ibrahem Ata Kh. "Company directors' powers, duties and liabilities : an analysis of company law in the United Kingdom." Thesis, University of Edinburgh, 1992. http://hdl.handle.net/1842/19627.

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This thesis is an analysis of directors' powers, duties and liabilities under the British company Law. It consists of ten chapters, the first of which is an introductory one. The second chapter discusses the powers of directors. Directors' duties to the company are examined in chapters 3, 4, 5 and 6. The fair dealing rules (i.e. the co-conflict rule and the no-profit rule) and the statutory as well as the common law role to relax them are examined in both chapters 3 and 4. The fifth chapter is concerned with directors' duty of honesty and good faith; whereas, the duty of skill and care is exam

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18

Dunmark, Lenny. "Corporate establishment in China : A comparative study of establishment options available for an Aktiebolag when entering the Chinese market." Thesis, Jönköping University, JIBS, Commercial Law, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-289.

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<p>There are many Swedish companies active on the Chinese market, since China’s accession to the WTO the year 2001 China has gotten even more interesting. China’s WTO accession does not only make it easier for Swedish companies to be present in China, it also provides Chinese companies an increased opportunity to access the Swedish market. Currently Chinese companies active in Sweden only counts for a small share of the total amount of the foreign companies present in Sweden, while there are several Swedish companies present in China.</p><p>The Chinese legislation for the various entities is e

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19

Smit, Anina. "Remedying abuses of limited liability in company groups." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20790.

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In the modern world, company groups have become a commercial reality. With increasing regulatory and compliance requirements for different industries, larger companies are often more optimally managed in a group structure. The individual companies within a group structure still operate in the economic interest of the group as a whole. Despite this reality, company law has strictly upheld the separate legal personality of individual companies within a group. As a result of this separate legal personality, the holding company of the group cannot be held liable for its subsidiaries obligations. T

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20

Duvenhage, Arno. "Personal liability of company directors towards company creditors under the Companies Act 71 of 2008 : much ado about nothing?" Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/75046.

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The legal fiction known as separate legal personality is the foundation of company law and attracts natural persons to incorporate companies, appoint a board of directors and raise capital. In terms of s 66 of the Companies Act, 71 of 2008 (“the 2008 Act”), directors can now be regarded as the heart of a company and represent the body through which the company takes all actions within the economic sphere. As a default position, directors owe fiduciary duties and a duty of care and skill to the company itself and not its creditors. However, on its face, this default position is placed under thr

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21

Niedostadek, Oliver. "Die Proprietary Company - das Recht der australischen private company /." Münster : Lit, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/393034968.pdf.

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22

Skelton, G. A. "The legal principles of economic and political efficiency : A phenomenological critique of single ideology models." Thesis, University of Exeter, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.234817.

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23

Grobler, Daniel Jacques. "The "realisation company" concept in South African income tax law." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/2118.

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The Supreme Court of Appeal has revisited the issue that has attracted the most litigation in South African tax law: whether gains from the disposal of an asset are of a capital or of a revenue nature. In CSARS V Founders Hill (509/10) [2011] ZASCA 66, 73 SATC 183 the court held that „intention‟ is not conclusive in the enquiry and cannot be the litmus test in determining the nature of proceeds from the sale of an asset. This judgement relegates intention to only one of the factors to be considered as it was held that it should be considered objectively whether the taxpayer is actually trading

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24

He, Weiguo. "Improving the protection of minority shareholders in Chinese company law." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80926.

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This thesis deals with improving protection of minority shareholders in China. The minority shareholders are faced with the dual oppression from the managerial power and the majority rule, but they cannot get sufficient remedies through preventive mechanisms or remedial legal actions.<br>After introducing the main defects regarding minority protection in the Chinese Company Law, the Author examines the main mechanisms to check the management and majority shareholders, and the remedies available to shareholders under some major legal systems in the common law world. During or after the e

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25

Derham, S. R. "The law of set-off in bankruptcy and company liquidation." Thesis, University of Cambridge, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.354671.

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26

Karlsson, Henrik, and Adam Wirén. "Arvoden och övriga ersättningar : Relering i aktiebolagslagen och svensk kod för bolagsstyrning." Thesis, Örebro University, Department of Behavioural, Social and Legal Sciences, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-1209.

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27

Widmark, Andreas. "Lojalitetsplikt och Omsorgsförpliktelse för styrelse och VD." Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-15237.

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28

Bell, Andrew S. "Venue in transnational litigation : a study of the conditions for, motivations behind and defences against forum shopping." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.240245.

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29

Clark, Alistair M. "Strict liability for product defects : the impact of the new regime." Thesis, University of Strathclyde, 1988. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=24938.

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This thesis seeks to analyse the central features of the new scheme of strict liability for loss caused by product defects which was introduced by Part 1 of the Consumer Protection Act 1987. The features to be examined are: the meaning of 'defect'; the meaning of 'product' and the chain of liability; the role of warnings; recoverable and non-recoverable loss; the development risks defence; other defences and prescription and limitation. The aim of the thesis is to assess the impact of these new rules, against the background of the various proposals for reform which had been mooted and in the l

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30

Buang, Ahmad Hidayat Bin. "The prohibition of 'Gharar' in Islamic law of contracts : a conceptual analysis with special reference to the practice of Islamic commercial contracts in Malaysia." Thesis, SOAS, University of London, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.362359.

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31

Hudson, Alastair. "Financial derivatives, restitution and trusts." Thesis, University of London, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.300585.

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32

Nusaire, Yazeed Anees Moh'd. "Excusable non-performance in long term contract-force major clauses in oil concession contracts." Thesis, University of Bristol, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.388332.

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33

Bean, Gerard M. D. "Fiduciary relationships, fiduciary duties and joint ventures : the joint operating agreement." Thesis, University of Cambridge, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334089.

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34

Jansen, van Rensburg Heinrich. "Protection against oppressive or unfairly prejudicial conduct under the Companies Act 71 of 2008." Thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/11568.

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Includes bibliographical references.<br>The Companies Act 61 of 1973 (the "1973 Act") will be repealed in its entirety when the Companies Act 71 of 2008 (the "2008 Act") comes into operation on a date still to be fixed by the President of the Republic of South Africa, in proclamation. The goal of this dissertation is to investigate what impact, if any, the 2008 Act will have on the remedies afforded to members or shareholders in companies to protect their rights in the event of so-called "oppressive or unfairly prejudicial conduct" by majority decision, or otherwise, in a company.

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35

Friend, Alan. "The merger law and policy of the European Community." Thesis, University of Glasgow, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.242975.

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36

Armour, John, Henry Hansmann, and Reinier Kraakman. "The Essential Elements of Corporate Law. What is Corporate Law?" IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/122373.

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This article is the first chapter of the second edition of “The Anatomy of Corporate Law: A Comparative and Functional Approach”, by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, HidekiKanda and Edward Rock (Oxford University Press, 2009). The book as a whole provides a functional analysis of Corporate (or Company) Law in Europe, the U.S., and Japan. Its organization reflects the structure of Corporate Law throughout all jurisdictions, while individual capitals explore the diversity of jurisdictionalapproaches to the common issues of Corp

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37

Gustafsson, Jens, and Magnus Björk. "Bolagsstyrningskoden och dess sanktioner : För bolaget och de enskilda ledamöterna." Thesis, Jönköping University, Jönköping International Business School, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-398.

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<p>Företagsskandalerna i slutet av 1990-talet och början av 2000-talet förde fram debatten om bolagsstyrning i ljuset. De stora krav på omdöme och uppförande som krävs av bo-lagsledningar för att rätt förvalta andra människors pengar förstärker väsentligheten av att det finns verksamma incitament för företagsledningarna att fullgöra sina skyldighe-ter. Som ett resultat av dessa skandaler tillsatte regeringen Förtroendekommissionen, vars uppgift var att arbeta fram åtgärder för att stärka förtroendet för det svenska när-ingslivet. Ett år senare tillsattes Kodgruppen, och det slutliga resultatet

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38

Gondwe, Ruth Dinah. "Incomplete company law reform : the treasury shares question in South Africa." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15182.

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One of the paradoxes in company law is the phenomenon of treasury shares. Their complex nature coupled with the risks attached to their use has rendered them problematic and unnecessary in modern company law. Refuting arguments stated against the use of treasury shares, this paper aims to build a case for the introduction of treasury shares into South African company law. In order to achieve this, the paper will firstly examine the nature and complexity of treasury shares. Thereafter, it will discuss their importance in modern company law by highlighting their commercial value. A study of thei

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39

Rehn, Patrik. "The European Accounting Directives : Status of the Fourth and Seventh Company Directives after implementation of Directive 2009/49/EC." Thesis, Jönköping University, JIBS, Commercial Law, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12220.

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<p>This thesis examines the effects from Directive 2009/49/EC. This directive amend the Fourth and Seventh Company Directives, the Accounting Directives, regarding the information that Small and Medium-sized Enterprises (SME) have to present in notes connected to both the annual reports and notes to the consolidated accounts, in situations with subsidiaries when its necessary to draw up consolidated accounts.</p><p>The Accounting Directives does not affect all companies, almost only private limited liability companies, is this type of companies the only one discussed. Directive 2009/49/EC is n

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40

Mukumba, Tsangadzaome A. "South Africa's headquarter company regime: a gateway barred from within." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25509.

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This paper aims to determine whether South Africa's section 9I headquarter company regime is fit for the purpose of incentivising multi-national enterprises to locate strategically beneficial activities in South Africa. Part I investigates the tax policy appropriateness of s9I in the context of a developing, but regionally dominant South Africa. It finds that the passive intermediary holding company activities in fact incentivised by s9I are not directly beneficial to South Africa. While the active functions associated with true headquarter companies would produce the positive externalities ne

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41

Wedin, Axel. "Corporate mobility in the EU : Freedom of establishment for national companies." Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-13945.

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The freedom of establishment is considered to be one of the essential freedoms in establishing the European internal market. Article 49 and 54 in the Treaty on the Functioning of the European Union (TFEU) grants persons and companies the right to set up establishments and pursue economic activity within the Member States of the European Union, the articles are however complicated and the Court of Justice has in many case explained how these articles are to be interpreted. A company is free to establish itself through a primary establishment in any Member State and has the right to open up seco

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42

Baker, Howard Robert. "Law transplanted, justice invented : sources of law for the Hudson's Bay Company in Rupert's Land, 1670-1870." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1996. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq23209.pdf.

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43

Ahunwan, Boniface Uhunmwunarabona. "Contextualising company law, a comparison of Canadian and Nigerian shareholders' remedies." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0007/MQ34442.pdf.

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44

Karanasou, Floresca. "Egyptianisation : the 1947 Company Law and the foreign communities in Egypt." Thesis, University of Oxford, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.336019.

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45

Vu, Van Ngoc. "Reforming company law relating to directors' duties and responsibilities in Vietnam." Thesis, University of Leeds, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.597095.

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Good corporate governance and the protection of investors are key elements in the development of the capital market and economy of any country. Countries must compete to attract capital both from abroad and at home for the purpose of economic development. An economy where directors are not accountable to the company and its shareholders are able to appropriate the assets of minority shareholders will clearly not be an investor's first choice of destination. The law on directors' duties, among other mechanisms, is one tool for the promotion of good corporate governance and the protection of inv

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46

Vergara, Sandoval Matias. "Intellectual property business protection during a company survival stage : an inside-out approach." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20818.

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Lawyers and businessmen work closely together every day. Despite the increasing value of patents and trademarks for companies, it is important to keep in mind that Intellectual Property law and contractual law provide for much more types of protection than statutory rights (patents, trademarks, copyright). Business and company developments are no longer linear. Flexibility plays a key role in the journey a company has to travel to reach success, especially in the case of entrepreneurs and sole proprietorship companies. New businesses going through the "death valley"1 will need to be as flexibl

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47

Hafeez, Malik Muhammad. "The role of institutional shareholders in the UK approach to corporate governance : the possible contribution of duties under Company law and Trust law." Thesis, University of Aberdeen, 2011. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=167710.

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Corporate governance refers to a complementary set of legal, economic and social institutions to protect the interests of corporate owners by securing long-term corporate stability. A corporate governance system is comprised of a wide range of practices and institutions, from accounting standards and laws concerning financial disclosure, through executive compensation, to the size and composition of corporate board all envisaging monitoring responsibility on the part of the investors to protect them from expropriation by managers. Managers’ power and prestige in running a large and powerful co

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48

Manzini, Portia Welile Noxolo. "The critical role of affected persons in successfully rescuing the company." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27490.

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The purpose of the minor dissertation is to explore the effectiveness of the rights that are provided to affected persons of a company that is under business rescue, and how these rights can be used by the affected persons to ensure that the company is rescue in terms of section 128 (1)(b)(iii) of the Companies Act No.71 of 2008 ("the Companies Act"). Affected persons derive their rights to be involved in the business rescue proceedings from the Companies Act. However, some of the rights provided to the affected persons afford them with protection, arguably, to such an extent that it can be de

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49

Butcher, Bruce Stanley. "Partial codification of directors' duties in Australian company law - a new approach?" Thesis, University of Cambridge, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.319353.

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50

Faust, Marie. "Jämkningsregeln 29:5 ABL : -Jämfört med motsvarande dansk rättsregel." Thesis, Jönköping University, JIBS, Commercial Law, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12278.

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<p>There are no set guidelines on how to interpret the criteria’s in the adjustment rule within the meaning of the companies act. The criteria’s are not discussed in literature and the Swedish case law in this area is very limited. A reason for the limited use of the adjustment rule is the slow and very costly process, which does not grantee the outcome of the case. Because of the lack of case law regarding damages and the adjustment rule it has not been up for discussion. The responsibility of a CEO or member of the board is a very central part in a working company. The rules for damages must

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