Mr. Koka is the one of the subscriber of the MOA, of Momu investment limited, out of the 7 subscribers but his name is not mentioned in the register of member of the company at the time of declaring the dividend, the company had not declared the dividend after arguing that Mr.Koka is not a registered shareholder of the company. Explain as per provisions of the company’s act 2015.( 15 marks)
Zuri and his friends (promoters) have submitted an application to the Registrar of Companies for getting a company incorporated as a public company. Pending the Registrar’s decision of granting certificate of incorporation, the promoters enter into certain contracts for the purchase of some assets for the proposed company. Explain the legal position of promoters’ liability and the liability of the proposed company after its incorporation, in this regard. (15 marks)
Explain the 2 branches of international law
1.1 Identify the relationship between Sam, Henry, Paul, and Allen. Motivate your answer with reference to both the relevant law and the facts. (8) 1.2 How would you describe Sam’s role in the relationship referred to in Question 1.1 above? Motivate your answer with reference to both the relevant law and the facts. (6) 1.3 How would you describe Henry’s friend in the relationship referred to in Question 1.1 above? Motivate your answer with reference to both the relevant law and the facts. (3) 1.4 Do Sam, Henry and Paul have any recourse against Allen for using the rented 4X4 vehicle to go camping with his girlfriend? Explain in full. (8) 1.5 When Paul and Allen claim their share of the treasure, Henry refuses, and tells them that he found it on his own. He claims that they did not have anything in writing about sharing. Is he correct?
Abram, Bob and Cathy are in a partnership trading as retailers for stationery products. In terms of their partnership agreement only Abram has the right to represent the partnership. For the past two years Bob has regularly entertained clients at Dick’s Restaurant, and the corporation has never hesitated to settle the account. On his fortieth birthday Bob treats his friends to a lavish dinner at Dick’s Restaurant and charges the bill to the corporation’s account. Abram and Cathy are furious, but Bob does not have the money to settle the account personally. Can Dick’s Restaurant hold the partnership liable? Discuss in full.
Mirjam owns a farm and Filimon a house in town. They want to exchange these properties but have been warned that they will have to pay transfer duty (a type of tax) to the Receiver of Revenue. To avoid this, they disguise the transaction as a partnership agreement, in terms of which they each contribute the respective properties. Advise the Receiver of Revenue, who wishes to levy transfer duty on the transaction, while Mirjam and Filimon insist this is a partnership. [10
Discuss general observation at crime scene involving murder.