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)

  • 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)