The majority rule principle pervades much of partnership justice of constitution as it touches on the key issue of who causes and controls the company . It should be understood from the outset that a company in one incase collective becomes a distinct and severalize ratified entity and it is treated as a juristic entity set off from its sh atomic number 18holders . Indeed the suppositions of evidence in somaticd record and the issue of limited liability are at the core of company law . No case illustrated the to a higher place position better than the steer case of Salomon v A Salomon Co Ltd (1897 ) A C 462The entire edifice of advanced(a) company law stands on this collimate principle of corporate personality and limited liability . exceptional liability is the dianoetic consequence of the existence of a separate personality .
The uniform consequence of the creation of a separate legal personality upon incorporation of a company is that a separate legal personality capable of suing and being sued in its own diagnose is created and capable of holding property in its own draw . Thus the company can contract profit and losings that are its own and in its own name and not those of its members (the shareholders . Limited liability simply mean that - flowing from the concept of corporate personality - that the liability of shareholders would be limited to the unsalaried amount of their shares . See section 4 of the Companies Act 1992It is in additi on noteworthy to explain the nature of the r! elationship as between the members /shareholders inter se i .e...If you want to get a full essay, order it on our website: BestEssayCheap.com
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