Relevant bibliographies by topics / Company representative Liability Legal action

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  1. Journal articles
  2. Dissertations / Theses
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  4. Book chapters

Academic literature on the topic 'Company representative Liability Legal action'

Author: Grafiati
Published: 4 June 2021
Last updated: 17 February 2022

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Journal articles on the topic "Company representative Liability Legal action"

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Pilikowski, Tomasz. "Ujawnienie aktualnego sposobu reprezentacji spółki z ograniczoną odpowiedzialnością a odpowiedzialność za naruszenie zobowiązania." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 25 (September 24, 2018): 41–55. http://dx.doi.org/10.19195/1733-5779.25.3.

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Disclosure of the current method of representation of a limited liability company and liability for breach of the undertakingThe existence and participation of legal persons in the market makes it necessary to verify the persons representing them to perform actions on their behalf. Information about artificial persons — including the rules of representation and persons entitled to represent them — is available due to their disclosure in the National Court Register. However, it may happen that for whatever reason the register’s information may not correspond to the actual legal status. The prov
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Widijowati, Rr Dijan, and Halim Darmawan. "CRIMINAL LIABILITY OF CORPORATE SHAREHOLDERS." International Journal of Law, Government and Communication 5, no. 20 (2020): 69–79. http://dx.doi.org/10.35631/ijlgc.520004.

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Corporations in the form of Limited Liability Companies in Indonesia are regulated in Limited Liability Company Law No. 40 of 2007 concerning Limited Liability Companies, this Law regulates the liability of corporations and/or shareholders who commit acts against the law, but the liability that can be asked of shareholders does not exceed existing shares. This study uses normative legal research methods. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. For data analysis, the qualitative jurisdictional analysis meth
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Janků, Martin. "Liability of statutory organs in limited liability companies." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 59, no. 2 (2011): 121–28. http://dx.doi.org/10.11118/actaun201159020121.

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Statutory organs of business companies (and similarly of co-operatives) have numerous obligations imposed by generally binding provisions; relied with these is the liability for non-fulfilment of the latter. Some of the obligations are imposed directly by the laws, some are assumed on contractual basis. Their infringements may lead to the liability for the situation and consequences occurred. The regulation of the liability of persons engaged in the company’s bodies covers persons that are entrusted by the management of foreign assets. Sometimes these are in fact not entirely foreign assets be
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van der Pas, Jurian. "Getting Personal." European Journal of Comparative Law and Governance 1, no. 4 (2014): 337–56. http://dx.doi.org/10.1163/22134514-00104002.

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Pursuant to article 149 Company Law of the People’s Republic of China 2013 (clc), directors will be liable for the damages of the company if their actions violate the law, administrative regulations, or the company’s statutes. According to article 152 clc, directors will also face liability towards the company’s shareholders in case of a violating action that caused direct damages to the shareholders. Unfortunately, however, these provisions and their corresponding legal obligations are general and offer no procedural guidance, nor do they elaborate on the scope and extent of the directors’ pe
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Cooray, Manique. "LEGAL CHALLENGES OF ADOPTING AGE-VERIFICATION TECHNIQUES FOR THE PROTECTION OF MINORS ON THE INTERNET IN MALAYSIA." International Journal of Law, Government and Communication 5, no. 20 (2020): 80–86. http://dx.doi.org/10.35631/ijlgc.520005.

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Corporations in the form of Limited Liability Companies in Indonesia are regulated in Limited Liability Company Law No. 40 of 2007 concerning Limited Liability Companies, this Law regulates the liability of corporations and/or shareholders who commit acts against the law, but the liability that can be asked of shareholders does not exceed existing shares. This study uses normative legal research methods. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. For data analysis, the qualitative jurisdictional analysis meth
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Kindylidi, Iakovina. "Smart Companies: Company & board members liability in the age of AI." UNIO – EU Law Journal 6, no. 1 (2020): 115–41. http://dx.doi.org/10.21814/unio.6.1.2704.

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Artificial Intelligence, although at its infancy, is progressing at a fast pace. Its potential applications within the business structure, have led economists and industry analysts to conclude that in the next years, it will become an integral part of the boardroom. This paper examines how AI can be used to augment the decision-making process of the board of directors and the possible legal implications regarding its deployment in the field of company law and corporate governance. After examining the three possible stages of AI use in the boardroom, based on a multidisciplinary approach, the a
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Burduli, Irakli, and Natia Chitashvili. "Expulsion of a Shareholder from a Limited Liability Company on Substantial Grounds." TalTech Journal of European Studies 10, no. 2 (2020): 7–27. http://dx.doi.org/10.1515/bjes-2020-0012.

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Abstract The present article is devoted to the research on the admissibility of expulsion of a partner from a limited liability company (LLC) based on the ground that is not envisaged in the charter, and on respective dogmatic normative grounds in Georgian law. The importance of research in legal studies and judge-made law1 is revealed in the fact that the situation in which the action of a partner is directed against the interests of the company and becomes an obstacle for the achievement of a common goal, and it becomes impossible to retain the partner remains outside of Georgian normative r
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Putri, Preeti Kartika, and Paramita Prananingtyas. "SUPERVISION OF KPPU ON THE ACTION OF MERGERS DONE BY MINING COMPANIES." Diponegoro Law Review 5, no. 1 (2020): 108–23. http://dx.doi.org/10.14710/dilrev.5.1.2020.108-123.

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Mining companies conduct mergers to ensure and strengthen their position in their relevant market. Mining company mergers that aren’t supervised can result in monopoly and unfair business practices. The issue discussed is the supervision of mergers for mining companies by KPPU. This is a normative juridical research through a statutory and conceptual approach. The result indicates that mining companies are subject to legal provisions of limited liability company and competition law.There is no regulations regarding mergers in Indonesian mining law.Supervision of said mergers by KPPU can be car
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Rokhim, Abdul. "TINDAKAN “ULTRA VIRES” DIREKSI DAN AKIBAT HUKUMNYA BAGI PERSEROAN TERBATAS." Negara dan Keadilan 9, no. 2 (2020): 205. http://dx.doi.org/10.33474/hukum.v9i2.9092.

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Direksi menurut Undang-undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas memiliki dua kewenangan, yakni melakukan tindakan pengurusan perusahaan dan mewakili perseroan baik di dalam maupun di luar pengadilan. Tindakan Direksi secara hukum dikualifikasi sebagai tindakan perseroan selaku badan hukum apabila dilakukan sesuai dengan kewenangan dan tujuan perseroan sebagaimana tercantum dalam anggaran dasar perseroan. Tindakan direksi yang dilakukan di luar kewenangan atau melampaui kewenangan (ultra vires) tidak dapat dikualifikasi sebagai tindakan perseroan. Akibatnya, tindakan hukum tersebut
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Uvarov, A. A., and A. A. Uvarov. "Legal Responsibility in Civil Society." Russian Journal of Legal Studies 5, no. 1 (2018): 73–80. http://dx.doi.org/10.17816/rjls18351.

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The article discusses the various types of content and legal liability in civil society. In the analysis of the concept of positive responsibility points to the fallacy of its identification with a political responsibility. The legal effect of a positive responsibility can be interpreted as a principle or interest, which are designed to provide not only the rights and freedoms, but also the interests of citizens. It draws attention to the feature of responsibility to the state business community, which is sometimes interpreted broadly as a social responsibility, and in practice is often associ
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Dissertations / Theses on the topic "Company representative Liability Legal action"

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Vybíhal, Ondřej. "Žaloba na odpovědnost pro nedostatek aktiv ve francouzském právu a její převzetí do práva českého." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-379255.

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My thesis relates to the action for liability due to lack of assets in French law and further deals with this institute in the Czech Republic as it can be found in § 68 of Business Corporations Act. Along with the common legislation of liability, I present the institute of faute, which is unknown to Czech law and I describe the French national legislation of the action for liability due to lack of assets. The Czech legislation, which addressed the form of the institute when creating the Business Corporations Act yields an interesting comparison given French law has long incorporated the tradit
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Hradil, Petr. "Odpovědnost statutárních orgánů kapitálových společností vůči 3. osobám za porušení povinnosti při výkonu funkce ve srovnávacím pohledu." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-305512.

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Liability of governing bodies of limited companies against third parties for a breach of duty in the course of performance of function from a comparative perspective The thesis deals with the legal liability of company representatives, an important theme for several reasons. One is the fact that companies are legal persons, or entities which do not exist in reality and whose intentions are realised through persons distinct from them, namely their representatives. Both legislation and the memorandum of association impose many duties on representatives which must be fulfilled. It may happen that
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Books on the topic "Company representative Liability Legal action"

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Dignam, Alan, and John Lowry. 10. Derivative claims. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0010.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines derivative action as a means of safeguarding minority shareholders against abuses of power and its implications for the principle of majority rule. It begins by analysing the rule in Foss v Harbottle (1843), which translates the doctrine of separate legal personality, the statutory contract, the ‘internal management principle’, and the principle of majority rule into a rule of procedure governing locus standi (tha
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Dignam, Alan, and John Lowry. 10. Derivative claims. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.0848.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines derivative action as a means of safeguarding minority shareholders against abuses of power and its implications for the principle of majority rule. It begins by analysing the rule in Foss v Harbottle (1843), which translates the doctrine of separate legal personality, the statutory contract, the ‘internal management principle’, and the principle of majority rule into a rule of procedure governing locus standi (tha
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Book chapters on the topic "Company representative Liability Legal action"

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Dignam, Alan, and John Lowry. "10. Derivative claims." In Company Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198848455.003.0010.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines derivative action as a means of safeguarding minority shareholders against abuses of power and its implications for the principle of majority rule. It begins by analysing the rule in Foss v Harbottle (1843), which translates the doctrine of separate legal personality, the statutory contract, the ‘internal management principle’, and the principle of majority rule into a rule of procedure governing locus standi (that is, who has standing to sue), as well as the exceptions to that rule. It then considers various types of shareholder actions, including personal claims, representative actions (group litigation), and derivative claims. It also discusses derivative claims under the Companies Act 2006, with emphasis on the two-stage process of the application for permission to continue a derivative claim. The chapter concludes by assessing bars to a derivative action, together with liability insurance and qualifying third party indemnity provisions.
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"• Lord Bridge goes on to say that his answer in relation to the question is not necessary for the outcome of this case and declines to answer one way or the other! It is interesting to note that if he had categorically answered the question, yes or no, it would be a clear example of an obiter dictum statement in a strong case by a senior judge and may well have been used in argument in a later case where this issue is at the core of the case. • Eventually, Lord Bridge turns to the ‘application of the statutory language’ to the case. • He states that only s 55(5)(a) and (c) are relevant. (This is the moment to re-read s 55(5)(a) and (c) in Figure 4.16, above, if you do not remember the provisions. Otherwise, one loses sight of the argument!) • As to s 55(5)(c), he says of course the buyer knew of the condition as it was standard throughout the trade. • As to s 55(5)(a), he states that there was evidence that similar limitations had never been negotiated with representative bodies. • Witnesses for the appellant said that it had always been their practice in genuine justified claims to settle above the price of the seeds but that, in this case, settlement had not been possible. Lord Bridge said ‘this evidence indicated a clear recognition…that reliance on the limitation of liability imposed by the relevant condition would not be fair or reasonable’. • Lord Bridge concluded, therefore, that wrong seed was supplied due to the negligence of the applicant’s sister company. Seedsmen could insure against the risk of crop failure caused by the wrong supply without materially increasing the cost of seeds." In Legal Method and Reasoning. Routledge-Cavendish, 2012. http://dx.doi.org/10.4324/9781843145103-85.

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