Fraud or improper conduct, Business Law and Ethics

Assignment Help:

Fraud or improper conduct:

English courts have intervened on numerous occasions and lifted the veil of incorporation in order to circumvent a fraudulent or improper design by a bunch of scheming promoters or shareholders. This is illustrated by the decisions in Jones and Another v Lipman and Another (13) and Gilford Motor Co Ltd v Horne (14). The court's order in the latter case is usually cited as an instance of  lifting the veil but it should be noted that the  defendant (Horne) was not a member of the company and, in principle, no veil existed between him and the company which would have been lifted by the court. It is rather an instance of the court regarding the company as Mr Horne in another form ("alter ego").

Enemy Character

A company may be regarded as an enemy if, inter alia, all or substantially all of its shares are held by alien  enemies. This is illustrated by Daimler Co Ltd v  Continental Tyre & Rubber Co (Great Britain) Ltd (15). Since there appears to be no Kenya case on the point, the principles summarised by Lord Parker may be useful guidance to a Kenyan who might have to determine, in a given case, whether a particular company is to be  regarded as a friend or enemy of Kenya.


Related Discussions:- Fraud or improper conduct

Registers and documents - registered office, Registers and documents - regi...

Registers and documents - registered office: The following registers and documents are also kept at the company's registered office:- i.             The register of members

Casual vacancies - accounts and audit, CASUAL VACANCIES: By S.159 (6) ...

CASUAL VACANCIES: By S.159 (6) "The directors may fill any casual vacancy in th office of auditor, so further any there such vacancy maintaining the surviving or continuing au

Directors remuneration - company management, Directors' Remuneration: ...

Directors' Remuneration: For technical reasons the directors are not regarded as servants or employees of the company of that they are directors. Therefore  here they have no

Register of directors shareholdings, Register of Directors' Shareholdings: ...

Register of Directors' Shareholdings: Section 196(1) requires every company to keep a register showing the number, description and amount of any shares or debentures which are

Explain the principles of tort law, QUESTION 1 With reference to the rel...

QUESTION 1 With reference to the relevant articles of the Mauritian Civil Code, explain the principles of tort law QUESTION 2 An employer should ensure the well being of a

Usual business at an annual general meeting, Usual business at an annual ge...

Usual business at an annual general meeting: The registrar is not bound to call or direct the calling of the meeting but, in the event of his refusing to do so, the aggrieved

Glen signs a release, Glenda has taken a household insurance on her classic...

Glenda has taken a household insurance on her classic Queenslander home in North Queensland.  At the time of application, the insurer "URINSURED" asked various questions regarding

What are the fundamental rights regarding the sea, What are the fundamental...

What are the fundamental rights regarding the sea Providing states with a framework to protect their fundamental rights regarding the sea, the 1982 Convention has also set up s

Holder in due course - transferor''s title, Holder in Due Course - Transfer...

Holder in Due Course - Transferor's Title Section number 29 of the Act defines like "a holder in unpaid course" such like "a holder who that has taken a bill, so then complete a

Contract of employment has been terminated, QUESTION (a) Tom is 15 ½ an...

QUESTION (a) Tom is 15 ½ and he has not eaten for three days because his parents did not have any money to buy food when he approached Mr. Taylor for a job in his factory and t

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd