LPC Law Notes Business Law and Practice Notes
A collection of the best LPC BLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of Business Law and Practice notes available in the UK this year. This collection of notes is fully updat...
The following is a more accessible plain text extract of the PDF sample above, taken from our Business Law and Practice Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Company Law – Private Limited Companies
Appointment and Removal of directors
IN EXAM: remember to advise Director in BOTH his capacities as office holder and employee of the company
Appointment of director
Professional Conduct issue: Who is your client? The company or the individual director being appointed or removed?
First director (office holder) |
Procedure of appointment:
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Subsequent directors (Office holders) |
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Executive directors |
S.188(5) Memorandum setting out proposed contract needs to be available for 15 days prior to meeting (at registered office) and also needs to be presented at the meeting. (NB. No short notice possible for general meeting) Appointment under a Service agreement: Employment agreement Sets out duties, responsibilities of director Terms of employment Can include restrictive covenants Private document Why is it useful: under model articles – Directors cannot enforce their rights but shareholders can. [S.33] Service contract is enforceable under contract law. Procedure to appoint an exec-director:
S.228: Contract must be available for inspection S.229: Members have right to request a copy of contract If no approval / procedure is carried out incorrectly = contract is void and company can terminate employment giving reasonable notice. |
Removal of director
Remove Director as office holder [in his capacity as director] | WAYS TO REMOVE:
Notice requirements:
S.189(1) Send copy of the notice to director S.169(3) & (4): Director has right to be at meeting to defend himself [this is why resolution must be in the form of a GM and not a written res] S.288: written resolution to remove a director under S.168 is not possible!
S.168 cannot be... |
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Buy the full version of these notes or essay plans and more in our Business Law and Practice Notes.
A collection of the best LPC BLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of Business Law and Practice notes available in the UK this year. This collection of notes is fully updat...
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