Company Law coursewrok 2009-10 Essay Example | Topics and Well Written Essays - 3000 words

Company Law coursewrok 2009-10 - Essay Example The constitution of the company, i.e. its memorandum and articles of association, govern the way in which these relationships operate and has been referred to as a contract between the members, i.e. the shareholders and the company itself. In this paper, concerns that had previously been raised in relation to section 14 of the Companies Act 1985 are discussed and considered in the context of the new arrangements brought in by section 33 of the Companies Act 2006. In order to discuss these issues, the position under section 14 will first be considered along with relevant case law, before moving on to consider section 33 and the way in which this changes the contractual relationships between the relevant entities. Closed companies present particular difficulties in this regard, due to the fact that control of the company is held either by five or fewer people or where all shareholders are also directors. Although it is recognised that a director is different in terms of entity to a shareholder when the same people undertake both roles, it is simply not practical to deal with the contractual relationship between the company, the members and the directors. Throughout this paper, the focus is on the difficulties, both historically and currently, in relation to the contract between the shareholders and the company where the company is a closed company of the nature described above. As noted by Professor Rajak1, ‘The [s.14 Companies Act 1985] contract between the company and the shareholders gives rise to mutual rights and obligations, but these lie in favour of and against the shareholder in his capacity as a member of the company’. This suggests that, although the concept underlying section 14 is relatively clear, it is not always going to be practically obvious and this has been evident in the way that the court has handled issues of the contractual relationship laid out by the constitution, particularly in relation to closed companies. In accordance with

Use of ict Essay Example | Topics and Well Written Essays - 1250 words

Use of ict - Essay Example Positive ICT investments and policies are undoubtedly beneficial to HEIs, even if ICTs have not managed adequately to replace classroom-based instructing models. Generally, ICTs offer effective access for various target learners besides academically termed as vehicles meant for enhanced pedagogical experiences. This is especially to distance learners whose separation between them and their respective HEIs id due to space as well as time (Surry, Stefurak & Gray, 2011, p.45). In most HEIs, some of the major ICT facilities used include, Together with the ever-rampant utilization of ICTs in basic education, most students get to campus with higher hopes in terms of technology uses and corresponding pedagogies. The gaps that exist between higher educational practices and student social media abilities are likely to broaden unless respective administrators ensure educational practices that bring about adequate reforms. Generally, from a pedagogical outlook, network technology such as social media tools avails greater potentials for both collaborative and interactive learning. Tools that employ networking knowhow avail students with an open as well as an innovative development platform (Surry, Stefurak & Gray, 2011). In addition, it also avails an opportunity for aiding collaborative and interactive ways of learning mainly for those having exceptional needs (Surry, Stefurak & Gray, 2011, p.46). The enhancement of a wireless knowhow such as mobile wireless expertise has ensured generation of a significant level of excitement among academicians and practitioners. Reason being, it leads to a shift in the academic environment from out-dated settings to mobile learning (m-learning) settings (Ehlers & Schneckenberg, 2010, p.14). Certainly, augmenting numbers of HEIs provide courses using wireless technology (for example, m-learning) as an substitute to learning and teaching tools. However, despite such interests in