ABSTRACT

This chapter focuses on registered companies, with the key difference between a partnership and a constituted company being that the constituted company has its own legal personality. Towards the end of the chapter is an overview of the Nuttall Review 2013. The Nuttall Review made a set of recommendations based around employee ownership, and how employees can play a bigger role in the company’s management. The nature of the statutory contract constituted by a company’s articles of association must be recognised as sui generis, i.e. unique, in that the courts have made it clear that the majority of the rules of contract law do not actually apply to them in relation to formation, operation or the consequences of breaching them. A request to inspect the register of members of the company was made by a party whose business was to trace lost members in public listed companies. Once traced, the shareholders were informed that they had interest in some property.