Tag (SQ): Company Law

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BCL – L1 – Q108 – Governance and ethical issues relating to business

How company law ensures corporate transparency and disclosure to protect stakeholders.

How does company law address issues of corporate transparency and disclosure to protect the interests of stakeholders?

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BCL – L1 – Q99 – Legal implications relating to companies in difficulty or in crisis

Circumstances under which a court may order a company's winding up.

(a). Discuss the circumstances under which a court will order a winding up of a company?

(b). Under what circumstances is a company deemed unable to pay its debts?

(c). Can the Attorney-General cause a company to wind up at a press conference?

(d). Briefly explain: mergers, insolvency, and amalgamation.

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BCL – L1 – Q94 – Legal implications relating to companies in difficulty or in crisis

Explain when a company is deemed dissolved and whether it can be resuscitated.

When is a company deemed to be finally dissolved? Explain whether the company can ever be resuscitated.

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BCL – L1 – Q93 – Legal implications relating to companies in difficulty or in crisis

Identify five situations where a court can order a company to wind up.

Identify FIVE (5) situations in which a company can be ordered by court to wind up.

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BCL – L1 – Q92 – Legal implications relating to companies in difficulty or in crisis

State the effect on the Board of Directors when a liquidator is appointed in private liquidation.

State what happens to the Board of Directors of a company limited by shares on the appointment of a Liquidator in respect of private liquidation.

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BCL – L1 – Q91 – Legal implications relating to companies in difficulty or in crisis

Briefly explain the concept of liquidation in company law.

Briefly explain the following as used in company law:

(a) Liquidation.

(b) Winding-up.

(c) Dissolution.

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BCL – L1 – Q90 – Legal implications relating to companies in difficulty or in crisis

Discuss legal options for companies in financial distress and their implications for stakeholders.

Discuss the legal options available to companies facing financial distress and the implications for stakeholders.

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BCL – L1 – Q88 – Company directors and other officers

List three civil liabilities for a director breaching fiduciary duties and conflict of interest rules.

As part of the duty, a director of a company stands in a fiduciary relationship towards the company and shall observe the utmost good faith towards the company in a transaction with it or on its behalf. He or She shall always act in what the director believes to be the best interests of the company as a whole to preserve its assets, further its business, and promote the purposes for which it was formed, and in a manner that a faithful, diligent, careful and skilful that ordinarily a Director would act in the circumstances. Besides, a director is not to use for his own advantage the money or property of the company or a confidential information or special knowledge obtained in his capacity.

Required:

List THREE (3) civil liabilities that are to be brought against a director who commits a breach of duty and violates the rules regarding conflict of interest.

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BCL – L1 – Q76 – Company meetings and resolutions

Identify resolutions affecting shares that require court confirmation under Act 992.

(a). Indicate resolutions affecting shares that are subject to confirmation by the court.

(b). The class A equity shareholders passed an ordinary resolution abolishing special dividend payment and voting rights of class B equity shareholders stipulated in the constitution. In exchange for these rights, the class A shareholders agreed to pay each class B shareholder GH $20,000. The class B shareholders are opposed to the new deal.

Propose a resolution.

(c). Explain the nature of priority of charges.

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BCL – L1 – Q75 – Types of Capital

Define and explain equity shares, debentures, floating charge, and liquidity of shares.

(a). Define and explain briefly the following terms:

(i) Equity shares

(ii) Debentures

(iii) Floating charge

(iv) Liquidity of shares.

(b). The Managing Director of your organization has just received a share certificate from an agent of Apex Bank and considers the document as incomplete. As the Chief Accountant of your organization, indicate the contents and the effect of a share certificate.

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