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companys capitalan order made by the court may-a regulate the conduct of the companys affairs in future as in re hr harmer ltd- in which the father
oppression of minorities 731 section 211 of the act provides that any
resolution for the variation - statutory provisionswhere any application is made pursuant to this provision the variation shall not have effect
statutory provisionsarticle 4 of table a permits a company to vary the rights attached to any class of shares if the proposed variation is consented
legal protection - significant instancesthere are however a few but significant instances in which the companies act and the general law
legal protection of minoritiesaccording to decisions of english courts companies are democratic organisations whose affairs are to be managed by the
directors to perform the dutiestherefore it cannot be that the auditors are to be at the expense and trouble not merely of sending their report
reports and balance sheetsthe reports and balance sheets for the years ending june 30 1925 and june 30 1926 were signed by two directors the
articles of associationthe articles of association cannot absolve the auditors from any obligation imposed upon them by the statute under the
realization of auditorsit is a mere truism to say that the value of loans and securities depends on their realization we were told that a
theobaldconversely there such i take to be the duty of the auditor then he must be honest ie like he must not certify that what he does not believe
fraudulent concealment of a bookhence it is nothing to him where dividends are properly or improperly declared and provided he discharges his own
re london and general bank an auditor represented a confidential report to the directors calling their attention
schemes of fraudauditors must not be made liable for not tracking out ingenious and carefully laid schemes of fraud whenever there is nothing to
liability of auditorsit would cover any act of negligence - any actionable wrong by an officer of a company which did not involve any misapplication
misfeasance by the auditorshowever it is not sufficient to describe that the frauds must have been detected whether the entries in the books had been
complaints made against the auditorsthese are the most simple principles that such have to be applied to cases of this descriptioni protest however
duty of an auditorthe duty of an auditor generally was very carefully considered by this court in re london and general bank 1895 and i cannot
accuracy of the managers certificatewas it the duty of the auditors to test the accuracy of the managers certificate by a comparison of the figures
duties of auditorsthe duties of auditors are explained in the following cases1 re kingston cotton mill co 1896chanceryfor some years before a company
penalty for improper appointment s161 4 provides that if any unqualified person is appointed as auditor the
casual vacanciesby s159 6 the directors may fill any casual vacancy in th office of auditor so further any there such vacancy maintaining the
appointment by directorsthe company first auditors of may be appointed through the directors at any time before the first annual general meeting and
auditorsappointment s159 1 provides that every company shall at each annual general meeting appoint an auditor or
directors reportby s157 1 the balance sheet must have attached to it a directors report on the companys affairs including the amount if any which