Company Law Fundamentals: Structure, Formation, and Capital
Understanding Companies: Definitions and Features
Definition of a Company
A company is a legal entity separate from its members, created by law, with its own rights, duties, and liabilities. It is a business organization formed to carry out specific activities as defined in its charter. Companies have the ability to own property, incur liabilities, and engage in business transactions in their own name.
- According to Section 2(20) of the Companies Act, 2013, “Company means a company incorporated under
Property Expropriation: Rights, Compensation, and Legal Process
Understanding Property Expropriation
Expropriation is a legal process where a public entity acquires private property for public use, often against the owner’s will, with compensation. This document clarifies the effects, claims, compensation methods, and legal aspects of expropriation.
Key Effects of Expropriation
- Property Unmarketability: Once an act of expropriation is initiated, the affected property becomes unmarketable and cannot be subject to any further acts or contracts.
- Right to Claim: The
Safeguarding Your Rights: IP and Consumer Law
Intellectual Property Rights: An Introduction
World Intellectual Property Day is observed annually on April 26. The event was established by the World Intellectual Property Organization (WIPO) in 2000 to “raise awareness of how patents, copyright, trademarks, and designs impact daily life” and “to celebrate creativity and the contribution made by creators and innovators to the development of societies across the globe.” April 26 was chosen as the date for World Intellectual Property Day because it
Read MoreCommercial Registry: Functions and Legal Principles
Functions of the Territorial Commercial Registry
Besides its advertising function, the Territorial Commercial Registry is assigned other key functions:
- Legalization of company books.
- Appointment of independent experts for the valuation of in-kind contributions in public limited companies (SA) or limited partnerships by shares, and for cases of company mergers or divisions. It is also responsible for appointing auditors.
- Deposit and publication of annual accounts for limited liability companies and corporate
Understanding Functional Mobility, Dismissal, and Leave Rights
Functional Mobility
Within the Group
Not required because the employer has no time limit, provided they do not infringe on the rights of workers. This will receive the remuneration for being guaranteed what was being perceived.
Outside the Group
Justification for economic or organizational reasons and limited in time.
- Lower: unforeseen emergencies or for as long as required but at the same salary.
- Top: 6 months to 1 year or 8 in 2 years.
Rights: To receive the salary and claim that summit the vacancy from
Read MoreJohn Locke’s Enduring Legacy: Social Contract, Rights, and Governance
John Locke’s Social Contract and Civil Society
The Origins of Civil Society
John Locke posits that while individuals possess natural rights, these rights are not always respected or effectively protected in the state of nature. To ensure the more effective preservation of rights and freedoms, individuals form a civil society through a social contract or agreement. Establishing a civil society involves individuals giving up certain rights, but it offers significant benefits:
- A written, established law.