Commercial Applications of Company Law 23rd Edition by Hanrahan, Ramsay, Stapledon ISBN 0190337206 9780190337209

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ISBN 10: 0190337206
ISBN 13: 9780190337209
Author: Hanrahan, Ramsay, Stapledon

A practical, accessible approach to how company law shapes business planning.Commercial Applications of Company Law makes corporate law accessible to students and practitioners by putting the law in context. Focusing on typical experiences of companies and their advisers, it explains the application of the law in an understandable and relevant manner.This textbook guides readers through complex legislation and contemporary issues with expert commentary, while practically demonstrating how company law shapes business planning and decision-making.NEW TO THIS EDITIONUpdated legislation on virtual meetings and electronic documents in response to COVID-19New insolvency and work-out arrangements for SMEsImplementation of the new Australian Business Registry Service (ABRS) and the director identification number regimeChanges to continuous disclosure lawsUpdates to Directors’ Duties chapters including:safe harbour protectionexamples of directors not acting in good faith in the best interests of the company.

Commercial Applications of Company Law 23rd Table of contents:

Part 1: Introduction to Company Law

1. Introduction to Company Law

   • Overview of Commercial Law
   • The Role of Companies in Business
   • Sources of Company Law: Statutes, Case Law, and Regulations
   • Company Law as a Legal Framework for Business

2. Company Formation

   • Types of Companies (Private, Public, Ltd., PLC, etc.)
   • Incorporation Process and Requirements
   • Company Constitution: Articles of Association
   • The Role of Directors, Shareholders, and Other Stakeholders

3. Legal Personality and Corporate Structure

   • The Concept of Legal Personality
   • The Doctrine of Separate Legal Entity
   • Corporate Veil and Its Implications
   • Group Structures and Subsidiaries

Part 2: Corporate Governance

4. Directors and Their Duties

   • Role and Appointment of Directors
   • Duties and Responsibilities of Directors
   • Fiduciary Duty and Duty of Care
   • Directors’ Conflicts of Interest

5. Shareholders and Their Rights

   • Rights of Shareholders in Different Types of Companies
   • Shareholder Meetings and Voting Rights
   • Shareholder Agreements and Minority Rights
   • Derivative Actions and Protecting Shareholder Interests

6. Corporate Governance Codes and Best Practices

   • Codes of Corporate Governance
   • Corporate Social Responsibility (CSR)
   • Sustainability and Ethical Business Practices
   • Compliance with Governance Standards

Part 3: Corporate Finance

7. Capital Structure of Companies

   • Equity vs. Debt Financing
   • Shares and Share Capital
   • Issuance of Shares and Debt Instruments
   • Raising Capital: IPOs and Private Placements

8. Financial Reporting and Disclosure

   • The Role of Financial Statements in Company Law
   • Annual Reports and Disclosure Obligations
   • Corporate Audits and Accounting Standards
   • Regulatory Compliance with Financial Reporting

9. Debentures and Other Securities

   • Types of Debentures and Bonds
   • Security Interests: Mortgages, Pledges, and Charges
   • The Role of Debenture Holders in Corporate Governance
   • Restructuring Corporate Debt

Part 4: Company Law in Action

10. Contracts and Company Law

• The Role of Companies in Contractual Relationships
• Authority of Directors to Bind the Company
• Contractual Liabilities and Company’s Legal Obligations
• Dealing with Breach of Contracts in Company Law

11. Mergers and Acquisitions

• Legal Framework for Mergers and Acquisitions (M&A)
• Types of Mergers and Acquisition Structures
• Due Diligence and Regulatory Approvals
• Shareholder and Employee Considerations in M&A

12. Corporate Insolvency and Restructuring

• The Insolvency Process: Liquidation and Administration
• Creditors’ Rights and Debtors’ Obligations
• Restructuring, Voluntary Arrangements, and Rescue Plans
• Corporate Governance During Financial Distress

Part 5: Regulation and Compliance

13. Regulatory Authorities and Corporate Law

• The Role of Regulators: Companies House, SEC, etc.
• Regulatory Framework for Financial Markets
• Consumer Protection Laws in Company Transactions
• Compliance with Competition Law

14. Taxation and Company Law

• Corporate Taxation Principles
• International Tax Considerations for Multinational Companies
• Transfer Pricing and Tax Avoidance
• Tax Liabilities in Corporate Mergers

15. International Business Law

• Cross-Border Business and International Contracts
• Comparative Company Law Systems (Common Law vs. Civil Law)
• Jurisdictional Issues in Multinational Corporations
• International Trade and Foreign Direct Investment (FDI)

Part 6: Contemporary Issues and Emerging Topics

16. Technology and Company Law

• The Impact of Technology on Corporate Governance
• Cybersecurity and Data Protection in Companies
• Blockchain and Cryptocurrency in Corporate Transactions
• Intellectual Property Issues in Corporate Law

17. Corporate Social Responsibility (CSR) and Sustainability

• Legal and Ethical Considerations in CSR
• Environmental Law and Corporate Responsibility
• Sustainable Business Practices in Company Law
• Global Challenges and Corporate Compliance

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