Whenever franchisor violates rules or breaches the terms of the franchise agreement or files an unfair lawsuit against you, then you can be protected by Franchise Lawyers Attorney.
Australian homes purchased by foreign investors over the past 10 years will be randomly audited by the Australian Taxation Office (ATO) as part of the crackdown on foreign investment. ATO now has greater access to investor information and has commenced processing foreign investment data relating to residential real estate.
Whenever franchisor violates rules or breaches the terms of the franchise agreement or files an unfair lawsuit against you, then you can be protected by Franchise Lawyers Attorney.
Australian homes purchased by foreign investors over the past 10 years will be randomly audited by the Australian Taxation Office (ATO) as part of the crackdown on foreign investment. ATO now has greater access to investor information and has commenced processing foreign investment data relating to residential real estate.
All agreement are contracts if they are made by the free consent of the parties competent to contract, for a lawful consideration and with a lawful object and are not expressly declared to be void.
All agreement are contracts if they are made by the free consent of the parties competent to contract, for a lawful consideration and with a lawful object and are not expressly declared to be void.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
2. According to Section 10, “All agreements are
contracts if they are made by the free
consent of the parties competent to
contract, for a lawful consideration and
with a lawful object and are not hereby
expressly declared to be void.”
2Dr Siddharth Shimpi 13/08/2015
3. Proper offer and acceptance
Intention to create legal relationship
Free consent
Capacity of parties
Lawful consideration
Lawful object
Agreement not expressly declared void
Certainty of meaning
3Dr Siddharth Shimpi 13/08/2015
5. Two parties
Valid offer:
a. Intend to create legal relations
b. Terms must be certain and unambiguous
c. Must be communicated to the person to whom it is
made
Valid Acceptance:
a. Absolute and unconditional
b. Prescribed manner
5Dr Siddharth Shimpi 13/08/2015
6. In commercial and business agreements, the
usual presumption is that the parties intend
to create legal relationship unless otherwise
agreed upon
Social or domestic agreements – not intend
to create legal relationship
6Dr Siddharth Shimpi 13/08/2015
7. Consent is said to be free when it is not
caused by
1. Coercion
2. Undue influence
3. Fraud
4. Misrepresentation
5. Mistake
7Dr Siddharth Shimpi 13/08/2015
8. Person must be major
Must be of sound mind
Must not be declared disqualified from
contracting by any law to which he is subject
8Dr Siddharth Shimpi 13/08/2015
9. Must be supported by lawful consideration
E.g.: No injury to person or property
9Dr Siddharth Shimpi 13/08/2015
10. Agreement must be lawful
E.g.: No immoral or oppose to public policy
10Dr Siddharth Shimpi 13/08/2015
11. 1. Agreement in restraint of marriage
2. Agreement in restraint of legal proceedings
3. Agreement in restraint of trade and
4. Agreement in restraint of wager
have been expressly declared void.
11Dr Siddharth Shimpi 13/08/2015
12. Must be certain
Unambiguous
12Dr Siddharth Shimpi 13/08/2015
13. Must be such as are capable of performance
Agreement to do an impossible act is void
13Dr Siddharth Shimpi 13/08/2015
14. Must comply with the necessary formalities
as to writing, registration, stamping, etc.
14Dr Siddharth Shimpi 13/08/2015
