ABSTRACT
INTRODUCTION Questions are rarely set solely upon the rules relating to the formation of companies. However, in tackling questions on the consequences of incorporation, some appreciation of the rules of formation (and the different types of company) is appropriate. Factors which might influence the decision to incorporate, the effects of incorporation and ‘lifting the veil’ are common areas for questions. Questions involving ‘lifting the veil’ generally require some form of critical analysis rather than a mere recitation of decisions. Another, broader type of question regularly encountered involves advice about incorporation and running of companies and possible types of investment in a company either in general or for specified persons (e.g. a brilliant, but non-business minded, inventor). Material relating to formation should also be incorporated in questions relating to the different legal regime applicable to public and private (particularly quasi-partnership) companies and general questions about disclosure.
