LPAB 10: Law Of Associations

Description

These detailed notes include all the topics discussed in all the lectures throughout the semester. I was marked with high distinction. List of topics: Topic 1: Unincorporated Non-Profit Associations -Re constitution not binding -Exceptions to Hogan rule -Re not being a legal entity -Nature of unincorporated non-profit associations -Liability in tort Topic 2: Incorporated non-profit associations Topic 3: The Law of Partnership -Elements of the partnership -Relationship of partners to outsiders -Relationship of partners to each other Topic 4: A company as a corporate entity -Effect of registration of a company -Equating a company to an individual -The company as a separate legal entity -Mitigating the rigour of the separate legal entity doctrine – exceptions -1. Fraudulent use of the corporate form or to avoid an existing legal obligation -2. Agency -3. Groups of companies – most important Topic 5: The Law of Corporate Governance -Mechanisms for decision-making -Duties of the directors -Corporations’ decision made upon public policies -Exceptions -Oppression -Common areas of oppression -Remedy to oppression -Re winding up order under s 233 -Re altering the Constitution -Re compulsory purchase order at the fair market price -Applicants for membership -Altering the constitution -Effects of altering the constitution -Membership - What are the rights of a shareholder? -The Board of Directors and the General Meeting -Structure of board of directors -The board’s operations -Members’ meetings -Statutory validation of irregularities – s 1322 Topic 6: The law of corporate liability -Corporate capacity -Authority to act for a company -Statutory Indoor Management Rule