A company is usually composed of two main organs which are the board of directors and the members in general meetings. Every company provides the director extensive powers to supervise manage and control the company. Likewise every director owes certain duties and responsibilities towards the company.
Conclusion Introduction Global computer-based communications cut across territorial borders, creating a new realm of human activity and undermining the feasibility--and legitimacy--of applying laws based on geographic boundaries.
While these electronic communications play havoc with geographic boundaries, a new boundary, made up of the screens and passwords that separate the virtual world from the "real world" of atoms, emerges. This new boundary defines a distinct Cyberspace that needs and can create new law and legal institutions of its own.
Territorially-based law-making and law-enforcing authorities find this new environment deeply threatening. But established territorial authorities may yet learn to defer to the self-regulatory efforts of Cyberspace participants who care most deeply about this new digital company law directors duties essay help in ideas, information, and services.
Separated from doctrine tied to territorial jurisdictions, new rules will emerge, in a variety of online spaces, to govern a wide range of new phenomena that have no clear parallel in the nonvirtual world.
These new rules will play the role of law by defining legal personhood and property, resolving disputes, and crystallizing a collective conversation about core values.
Breaking Down Territorial Borders A. Territorial Borders in the "Real World" We take for granted a world in which geographical borders--lines separating physical spaces--are of primary importance in determining legal rights and responsibilities: There has until now been a general correspondence between borders drawn in physical space between nation states or other political entities and borders in "law space.
The Trademark Example Consider a specific example to which we will refer throughout this article: Trademark law is distinctly based on geographical separations.
Different countries have different trademark laws, with important differences on matters as central as whether the same name can be used in different lines of business.
In the United States, the same name can even be used for the same line of business if there is sufficient geographic separation of use to avoid confusion. The physical cues provided by different lines of business allow most marks to be used in multiple lines of commerce without dilution of the other users' rights.
A trademark owner must therefore also be constantly alert to territorially-based claims of abandonment, and to dilution arising from uses of confusingly similar marks, and must master the different procedural and jurisdictional laws of various countries that apply in each such instance.
Although they may be based on historical accident, geographic borders for law make sense in the real world. Their relationship to the development and enforcement of legal rules is logically based on a number of related considerations.
Control over physical space, and the people and things located in that space, is a defining attribute of sovereignty and statehood. For example, the U. Such an assertion of control would conflict with the Brazilian government's recognized monopoly on the use of force over its citizens.
The correspondence between physical boundaries and boundaries in "law space" also reflects a deeply rooted relationship between physical proximity and the effects of any particular behavior. That is, Brazilian trademark law governs the use of marks in Brazil because that use has a more direct impact on persons and assets located within that geographic territory than anywhere else.
For example, the existence of a large sign over "Jones' Restaurant" in Rio de Janeiro is unlikely to have an impact on the operation of "Jones' Restaurant" in Oslo, Norway, for we may assume that there is no substantial overlap between the customers, or competitors, of these two entities.Essay on Directors Duties.
Question is: Do the duties placed on directors of companies encourage or fetter corporate activity. LAWS - Company Law (3) LEX - Law and Society (14) It has a very helpful skeleton in it to help you approach the exam. 5 Ex Credits 5 Exchange Credits View Details.
20 Pages. Corporations Law - Duties of. Discuss about the Research Essay for Directors Duties. The definition of the term ‘director’ is present in section 9, Corporations Act, This definition provides that a person can be described as a director of a company if that person has been validly appointed as the director or as an.
Indiana Rules of Court. Rules for Admission to the Bar. and the Discipline of Attorneys. Including Amendments Received Through March 15, TABLE OF CONTENTS. A Goals Essay connects past, present and future i.e.
your past work- experience (past), your goals, (future), and the need of an MBA from a particular school to achieve your goals (present). The South Sea Company (officially The Governor and Company of the merchants of Great Britain, trading to the South Seas and other parts of America, and for the encouragement of fishing) was a British joint-stock company founded in , created as a public-private partnership to consolidate and reduce the cost of national debt.
The company was also granted a monopoly to trade with South.
When speaking of the duty owed by directors to a company therefore, this includes the legal duties imposed on directors by the case law and statutes dealing with the subject, as well as the soft-law measures implemented in the Combined Code.