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Application of Law in Business

University: Anglia Ruskin University London

  • Unit No: 11
  • Level: Undergraduate/College
  • Pages: 12
  • Words: 3000
  • Paper Type: Assignment
  • Course Code:

    MOD003379

  • Country: UK
  • Downloads: 0
Question :

First task is related with case law and legislation Second task is linked with duties and role of director of company’s act.

  • To examine various legal laws
  • The designing of business structure
  • Evaluation and application of law
  • Applying Use of various sources and academic convection
Answer :

INTRODUCTION

Legal aspects are important for a business in order to follow all the rules and regulations formulated by government which helps to reduce influences of laws which affect business as well as its success. The report will cover unlimited liability and and private limited business by referring to relevant case law and legislation associated with main features effectively. In addition to this,the report will  also demonstrate understanding and importance of director role in business with relevant case law and legislation associated with duties and roles. The Company Act 2006 with section 171, 172 and 173 will be discussed in this report.

TASK 1

Unlimited Partnership

An unlimited partnership is a firm where two or more than two persons involved and participate in business operational activities or in management of its assets in order to make business successful. The partners are liable for its debts and profits as well. There are some advantages of an unlimited partnership such as simple registration, no minimum capital required and also the simple structure of business (Štofová and Szaryszová, 2017). Unlimited liability business includes joint owners that are equally responsible for managing business profitability and losses effectively. The unlimited liability typically exists in general partnership and sole proprietorship. This will indicate that debt accrues when a firm is unable to pay its repay or defaults in their debts effectively. They are responsible for personal growth and development to cover the owed balance. This is the reason, most of the businesses choose to form as a limited partnership instead of taking risks in personal assets through unlimited liabilities.

For an example, there are four individuals working in a business as partners and each one of them invested $35,000 jointly. In a one year period business accrues a total $225,000 in liabilities. In case if the business is unable to pay or repay its debts or defaults on debts, all four partners are responsible for repayment of debts. Therefore, initial investment made by all the partners of $35,000 required to come up with $56250 in order to repay debts payment effectively.

Partnership Act 1890: The partnership act 1890 is known as traditional partnership and rules are also specified such as all the partners must be active in business and involved in performance activities through management (Sykes, 2016). Minimum two partners are required and maximum are allowed to unlimited. Profit and losses are divided into partners equally and also liable for bearing losses such as loss from fire or danger. Liabilities will be paid by partners equally and effectively. A joint partnership account is needed and should be written in a agreement top conduct real partners involved in activities.

Termination of Partnership Under 1890 Act: There are some situations, where the partnership is broken in business such as if all the partners are mutually agreed to end up business, order from court, if the duration of partnership business expires and death of any partner effectively.

Partnership Act 1907: According to this act, two or more than two partners are involved in a business for the purpose of making profits and also liable for paying debts and bearing losses equally in order to extent their investments is known as limited partnership effectively (Burnham, 2016).

Rebecca Steinfield and Charles Keidan

These two persons take their case to supreme court in order to secure legal recognition as same sex civil partners without getting married. Earlier this year, the issue of extended rights for unmarried couples was debated in the House of Commons and passed to the next stage through Parliament. During that debate, the government was allowed to amend the bill to review the operation of civil partnerships. Further evidence about the demand and need for civil partnerships is likely to be available by July 2018 (Bagley, 2015). in addition to this The Civil Partnership Act 2004 is amended to extend civil partnership to all effectively and efficiently.

Hurst v. Bryk

The lessees' right as trustee to be indemnified by their beneficiaries for liabilities undertaken by them in the course of their trust establishes the business liabilities but says nothing about Mr. Hurst's obligations to his fellow partner to contribute toward its discharge. Partners are jointly and not severally liable for the debts of the firm incurred while they were partners (section 9 of the Act), and they are beneficially entitled to the assets of the firm remaining after the liabilities have been discharged effectively and efficiently.

It can be said that there are different types of partnership involved in unlimited partnership business such as the conventional partners. The partnership is defined under Partnership Act 1890 effectively (Mikaelyan, Mikaelyan and Filippov, 2016). There are some main features of conventional partnership such as the partners are liable for its debts and profits as well as Unlimited liability business includes joint owners that are equally responsible for managing business profitability and losses effectively. All the partners are taxed on their profits and share of profits and will vary the agreements. There is a side way for partners who are not involved in the activity done or made by any other partner in business which produces loss. Thus, who are not involved or fully participated in business activities may restricted to claim side way loss relief effectively. Individual partners are also able to rent their properties to the partners in order to use it for business which will be charged as rent effectively.

The limited partnership 1907

There are some key features of limited partnership such as one partner in business must have unlimited liability and he is known as general partner (Gnusowski and Antunes, 2017). Limited partners will only bear the losses according to their invested capital in business in unless there is a fraud or something similar to that. The contribution will be according to the capital they all have made during the business partnership time effectively. The most common aspect and setup in business is that the limited partner provide initial funding for business. In addition to this, it is not permitted to take participation in management activities or blind the partnerships effectively and efficiently.

Private Limited Company

It can be said that a private limited company is a small business such as retailer who is independent in a town or market effectively. There are two different types of private limited firm such as limited by shares or by guarantee. When a company is owned by shareholders it is a private limited company by shares. In addition to this, the liability of shareholder is limited to the original values of shares issued to them effectively and efficiently (Lajaunie and Morand, 2015). When a private firm is limited by guarantee, it has members who act as guarantors.

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