Question
1. How would a company contribute to its capital maintenance by financing dealings in its own shares and share buyback? Is this prohibited by statute?
1. How would a company contribute to its capital maintenance by financing dealings in its own shares and share buyback? Is this prohibited by statute? How so and support your answers with the law. In which set of circumstances is a shareholder able to repurchase shares? Explain and support your reasons with the law.
2. Describe how the principle of unrestrictive object may or may not affect company liabilities and the different ways which directors as agents are individually liable with respect to having this principle in operation. You must illustrate your answers with examples and the current applicable law.
3. What is a pre-incorporation contract? To what extent can a promoter be held liable on a preincorporation contract? Refer to case authorities and statute to support your answer.
4. Compare and contrast the fiduciary duties of Directors in the law of Company and that of a Partner in a Partnership Firm in the law of Partnerships. You must provide examples in support with case authorities establishing these duties and obligations covered in this course.
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