- 7 Marks
Question
b) Three friends pooled their resources to form a company. After some time and while the company was running, differences arose among them. Each claimed ownership of the company.
Required: Explain the concept of legal personality of a Company in the light of the above facts. (7 marks)
Answer
- Upon incorporation, a company becomes a body corporate, separate and distinct from its members.
- The company has the powers of a natural person and full capacity.
- Those who pooled their resources to form the company become members of the company if they subscribe to the company’s regulations.
- A member has the right to attend a general meeting of the company and to speak and vote on a resolution.
- None of the members can claim ownership of the company individually as the company itself is a separate legal entity.
- If differences are so acute, the members may apply for dissolution if they cannot resolve their disputes.
(7 marks)
- Tags: Company Law, Dispute Resolution, Legal Personality, Ownership
- Level: Level 1
- Topic: Contract Law
- Series: MAY 2017
- Uploader: Dotse