The ‘rescue culture’ in financially failing businesses There has been a major impact on how financial failure of a business is dealt with in the UK after the introduction of the Enterprise Act 2002.
Finance Law Essays
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The rescue culture The rescue culture is fundamental to the 1986 Insolvency Act (UK) and drawn upon recommendations made by Kenneth Cork who argued that a concern for the livelihood and well being of those dependent upon an enterprise
Rescue culture under insolvency law The previous insolvency regime did not provide enough transparency and accountability to the range of stakeholders, especially to creditors.
Cheltenham and Gloucester Building Society v. Norgan Assess whether the decision in Cheltenham and Gloucester Building Society v. Norgan [1996] 1 All ER 449 favours borrowers or lenders.
The republic of mauritius The Republic of Mauritius or the little giant of the Indian Ocean is widely known for its Sea, Sun and Sand. It is situated in the middle in the Indian Ocean and surrounded by the African, Asian and Australian continents.
Informal corporate rescue mechanism Modern corporate and banking practices around the world have, over the years, adopted various measures to deal with distressed companies and distressed debts/loans.
Taxation of Chargeable Gains Act 1992 The aim of this paper is to analyse the scope of the TCGA 1992 (The Act) and posit a conclusion whether it is too broad or not.
Particular average and insurance laws Arnould defined “particular average” as ‘ a loss arising from damage accidentally and proximately caused by the perils insured against, to some particular interest, as the ship alone or the cargo alone.
Corporate disclosure and transparency There is no gainsaying of the importance of corporate governance at a time when stock market interests have clambered up on to a much higher perch as compared to some years ago.
Letter of Credit | Free Financial Law Essay Letter of Credit. The letter of credit is the most commonly used method of payment for goods in international trade. This thesis highlights the imbalance of the rights and duties of the parties in a letter of credit transaction by…
Best judgment assessment Assessment means appraisal, evaluation, estimation, measurement, judgment etc. In the context income tax law it means then evaluation, estimation, or measurement of income.
Director and its kinds This paper explores the term director and its kinds. It further discusses board and its composition. It will also briefly describe the term corporate governance, but the main emphasis of this paper remains the role
A special economic zone A Special Economic Zone is a geographical region that has economic laws that are more liberal than a country’s typical economic laws.
Liability to tax on income Any analysis of liability to tax on income of taxpayers living and working abroad, particularly those engaged in a trading venture, is inevitably complex.
The rights of a shareholder One is regarded to be a shareholder if his or her name is entered into a company’s share register as being a holder at that time of one or more shares in the company or if you are entitled
International financial crime The Suspicious Activity Report (SAR) is a piece of information which alerts the relevant authorities of any suspicious customer activity .
Stakeholder approach It used to be thought that the company’s primary goal is or ought to be maximizing the interests of the shareholders. Nonetheless, more problems are increasingly raised concerning the shareholder primacy theory,
Firm of auditors employed Z & Partners is a firm of auditors employed by X plc. Fred, the Chief Executive of X plc, asked Z & Partners to prepare some special accounts concerning X plc, telling them that he wanted to review the company
Increasing popularity of economic globalisation Question: In The Light Of Thousands Of Bilateral Investment Treaties, Customary International Law Is Irrelevant For The Legal Protection Of Foreign Investors.
How corporate Expose shareholders and directors In what ways may the corporate veil be pierced in order to expose shareholders and directors to personal liability for the debts of the company?
Equity came not to destroy law Equity is a set of rules that exists alongside the common law and is applied where the normal form of dispute resolution, namely damages (monetary compensation), would not be sufficient,
The Consumer Credit Act 1974 and the Human Rights Act This thesis will consider whether or not the protection that is offered to the debtor is at the detriment, always, of the creditor.
Equity not perfects on imperfect gift Equity will not perfect an imperfect gift”, this maxim from Milroy (1862) had been recognized as the strict rule that apply to the area of law related to the transfer of a gift.
Advantages of incorporation This question requires the explanation of the incorporation, limited liability, separate legal entity, other advantages of incorporation and a brief discussion on the preserve manner from partnership.
Corporate law and governance Limited liability can be seen as being a distinguishing aspect of corporate law. It is the concept where shareholders financial liabilities are limited to the amount they invested into the company and they are not liable for any debts that are incurred by the company