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Task 1 Case Study
Write a report focused on the scenario below
Anushka and Taiwo have been friends for 5 years. They both love vintage motor vehicles and they are thinking about starting a business buying and selling motor vehicles. Anushka is a trained mechanic and Taiwo has a hobby, to fix up old cars and re-sell them.
They both own a flat: Anushka’s flat is worth £250,000 and she has no mortgage where as Taiwo’s flat is worth £150,000 and she has a £75,000 mortgage. Immediately prior to making this decision, Taiwo have agreed to purchase a 1929 Fabric Minor Saloon.

The law firm you work for has been asked to advise them. Write a report answering the following queries, complete with references to case law where applicable and refer back to Anushka  and Taiwo’s example as much as you can.

1.    Anushka has read a newspaper article and it stated “that the best reason to form a company is because it has its own corporate personality. Janet wonders about this and asks you to explain the concepts of corporate personality and lifting the veil (AC 1.1).
2.    Anushka and Taiwo are not sure whether they should form a company or start a partnership. They ask you to analyse the advantages and disadvantages of incorporation (AC 1.2)
3.    They now ask you about the process of forming a company. Taiwo mentions that he has agreed to buy the 1939 Fabric Minor Saloon and Anushka  replies, “Don’t worry, we can agree that the new company will buy it instead”. Describe the law on promoters and pre-incorporation contracts (AC 1.3)
4.    Explain the requirements for registration and commencement of trading (AC 1.4)
5.    Anushka and Taiwo have not yet decided whether they want a company with share capital or a company without share capital. Explain the differences in their memoranda and draw up both memoranda. (AC 2.1)
6.    Draw up the articles of association for Anushka  and Taiwo (AC 2.2)
7.    Evaluate the doctrine of ultra vires and its effect on Janet and Syed (AC 2.3)
8.    You explain to Anushka and Taiwo, that it is possible to form a private limited company or a public limited company. Explain the contents of a prospectus and listing particulars (AC 2.4)


Task 2
Please write a report focused on the scenario below
Preity has run a small corner store as a sole trader for many years. However, her adult children (the eldest is called Sunita ) pester her to set up a company so that they can share in the prosperity of the business as shareholders. Preity complies and sells the business into a newly created company with 2 classes of shares: A class shares that have voting rights and B class shares that have no voting rights but may receive dividends. Preity holds the sole A class share, whilst her children and spouse hold the B class shares between themselves. Preity and Sunita are directors. The company’s purchase of the business from Preity was financed by a loan provided by Preity and secured by a debenture that has a charge over all of the company’s assets. Unfortunately, the economic slowdown puts pressure on the business and the new company is unable to service the loan to Sunita.  Preity takes possession of the company’s assets as a secured creditor leaving the business creditors with nothing.
Steven has come to you asking for advice.
1.    Explain to Sunita the different types of capital. (AC 3.1)
2.    Assess the law on issue of shares, class rights and dividends and give Sunita any advice you feel is appropriate on whether, as a shareholder, she might receive some value from the business. (AC 3.2)
3.    Discuss the law applicable to capital maintenance and insider dealing and conclude from the information available.  (AC 3.3)
4.    Describe the duties and powers Sunita has as a director. (AC 4.1)
5.    One of the things that Sunita wondered is whether decisions at the company had been made properly. Explain the rules on the different types of meetings. (AC 4.2)
6.    Discuss the law on minority protection and advise Sunita if it pertains to her. (AC 4.3)
7.    Evaluate the Sunita’s rights as a shareholder and Preity’s rights as a debenture holder (AC 4.4)
8.    Discuss what rights Preity, Sunita  and the business creditors had on liquidation. (AC 4.5)

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