Legal Guide Pg5
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This document discusses the risks and benefits of incorporating an organization versus keeping it unincorporated. It notes that risk of personal liability is one of the main reasons an unincorporated organization may seek incorporation. Some situations that carry particular risk of liability include large contracts, loans that may need to be repaid, employing others, and leasing or buying property. However, it also lists other factors to consider in determining the best legal structure, such as regulations, the organization's stage of development, and tax advantages. The document then briefly defines limited liability as meaning the liability is generally that of the organization itself rather than the individuals involved.
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LSEEssaySummerSchool2012LL135
The document discusses the position of shareholders' limited liability according to UK law. It examines the Salomon case, which established that a company is a separate legal entity from its shareholders. However, this allows shareholders to unfairly shield themselves from liability, leaving creditors at risk. The document argues that while limited liability encourages entrepreneurship, minority and involuntary creditors deserve greater protection. It concludes that UK law excessively protects shareholders at the expense of involuntary creditors, and questions whether the Salomon precedent still applies in the 21st century.
12Investing in FinanciallyDistressed andBankrupt Securitie.docx
12
Investing in Financially
Distressed and
Bankrupt Securities
As we have learned from the history of the junk-bond market, investors have traditionally attached a stigma to the securities of financially distressed companies, perceiving them as highly risky and therefore imprudent. Financially distressed and bankrupt securities are analytically complex and often illiquid. The reorganization process is both tedious and highly uncertain. Identifying attractive opportunities requires painstaking analysis; investors may evaluate dozens of situations to uncover a single worthwhile opportunity.
Although the number of variables is high in any type of investing, the issues that must be considered when investing in the securities of financially distressed or bankrupt companies are greater in number and in complexity. In addition to comparing price to value as one would for any investment, investors in financially distressed securities must consider, among other things, the effect of financial distress on business results; theavailability of cash to meet upcoming debt-service requirements; and likely restructuring alternatives, including a detailed understanding of the different classes of securities and financial claims outstanding and who owns them. Similarly, investors in bankrupt securities must develop a thorough understanding of the reorganization process in general as well as the specifics of each situation being analyzed.
Because most investors are unable to analyze these securities and unwilling to invest in them, the securities of financially distressed and bankrupt companies can provide attractive value-investment opportunities. Unlike newly issued junk bonds, these securities sell considerably below par value where the risk/reward ratio can be attractive for knowledgeable and patient investors.
Financially Distressed and Bankrupt Businesses
Companies get into financial trouble for at least one of three reasons: operating problems, legal problems, and/or financial problems. A serious business deterioration can cause continuing operating losses and ultimately financial distress. Unusually severe legal problems, such as those that plagued Johns Manville, Texaco, and A. H. Robins, caused tremendous financial uncertainty for these companies, leading them ultimately to seek bankruptcy court protection. Financial distress sometimes results almost entirely from the burdens of excessive debt; many of the junk-bond issuers of the 1980s shared this experience.
Financial distress is typically characterized by a shortfall of cash to meet operating needs and scheduled debt-service obligations. When a company runs short of cash, its near-term liabilities, such as commercial paper or bank debt, may not be refinanceable at maturity. Suppliers, fearing that they may not be paid, curtail or cease shipments or demand cash on delivery, exacerbating the debtor's woes. Customers dependent on anongoing business relationship may stop buying. Employees may abando ...
Loan lord
This document provides terms and conditions for a book on loans. It states that while the publisher has tried to be accurate, the contents may not be fully accurate due to the changing nature of information. It also notes that any perceived issues with specific groups are unintentional. The document encourages readers to rely on their own judgment and seek professional advice as needed. It also notes the book is not intended as a source of legal, business, or financial advice.
Using Multiple Operating Businesses, Real Asset Protection Strategies
The following is some good advice on how you can use multiple entities to protect yourself in the case of a lawsuit.
Explain how EBIT influences debt capacity and the relevance.pdf
The document discusses EBIT's influence on debt capacity and the continued relevance of Donaldson's 1962 article "New Framework for Corporate Debt Policy". Donaldson argued that commonly used rules of thumb for evaluating debt capacity based on balance sheet ratios or income statement ratios can be misleading or dangerous. Instead, he proposed that management should determine debt capacity based on their unique corporate circumstances and cash flow patterns. While conventional practice often involves seeking counsel from lenders or comparing to peers, Donaldson advocated an independent analysis by management using familiar company data and risk assessments. His framework remains a valuable guide for a rational, customized approach to debt policy decisions.
Investing in FinanciallyDistressed andBankrupt SecuritiesA.docx
Investing in Financially
Distressed and
Bankrupt Securities
As we have learned from the history of the junk-bond market, investors have traditionally attached a stigma to the securities of financially distressed companies, perceiving them as highly risky and therefore imprudent. Financially distressed and bankrupt securities are analytically complex and often illiquid. The reorganization process is both tedious and highly uncertain. Identifying attractive opportunities requires painstaking analysis; investors may evaluate dozens of situations to uncover a single worthwhile opportunity.
Although the number of variables is high in any type of investing, the issues that must be considered when investing in the securities of financially distressed or bankrupt companies are greater in number and in complexity. In addition to comparing price to value as one would for any investment, investors in financially distressed securities must consider, among other things, the effect of financial distress on business results; the availability of cash to meet upcoming debt-service requirements; and likely restructuring alternatives, including a detailed understanding of the different classes of securities and financial claims outstanding and who owns them. Similarly, investors in bankrupt securities must develop a thorough understanding of the reorganization process in general as well as the specifics of each situation being analyzed.
Because most investors are unable to analyze these securities and unwilling to invest in them, the securities of financially distressed and bankrupt companies can provide attractive value-investment opportunities. Unlike newly issued junk bonds, these securities sell considerably below par value where the risk/reward ratio can be attractive for knowledgeable and patient investors.
Financially Distressed and Bankrupt Businesses
Companies get into financial trouble for at least one of three reasons: operating problems, legal problems, and/or financial problems. A serious business deterioration can cause continuing operating losses and ultimately financial distress. Unusually severe legal problems, such as those that plagued Johns Manville, Texaco, and A. H. Robins, caused tremendous financial uncertainty for these companies, leading them ultimately to seek bankruptcy court protection. Financial distress sometimes results almost entirely from the burdens of excessive debt; many of the junk-bond issuers of the 1980s shared this experience.
Financial distress is typically characterized by a shortfall of cash to meet operating needs and scheduled debt-service obligations. When a company runs short of cash, its near-term liabilities, such as commercial paper or bank debt, may not be refinanceable at maturity. Suppliers, fearing that they may not be paid, curtail or cease shipments or demand cash on delivery, exacerbating the debtor's woes. Customers dependent on an ongoing business relationship may stop buying. Employees may abandon s.
LC4S174 Research Methods.docx
The document discusses the doctrine of piercing the corporate veil in company law. It provides background on the concept, noting that piercing the veil is an exception that makes shareholders liable for a company's debts in certain circumstances, such as fraud. The document also discusses different definitions and interpretations of lifting the corporate veil from a narrow to broader perspective. It explores reasons for piercing the veil, such as to prevent abuse of power or using the corporate structure to hide wrongdoing. The aims of the research are to evaluate the effectiveness of piercing the corporate veil and the law's ability to apply it appropriately when needed.
Insolvency a glossary of terms
This is a brief explanation of some of the te
rms you may come across in company insolvency
proceedings. Please note that this glossary is for ge
neral guidance only. Many of the terms have a
specific technical meaning in certain c
ontexts that may not be covered here.
Takeover- a better understanding
This document discusses strategies for defending against hostile takeovers. It begins by outlining warning signs that a takeover may be impending. It then describes several preventative measures companies can take, such as controlling access to shareholder registers and increasing debt, to deter potential acquirers. Finally, it outlines reactive defenses that can be employed once a takeover attempt is underway, like litigation, share buybacks ("Pac-Man defense"), and recruiting a friendly acquirer ("White Knight"). The overall message is that advance preparation and flexibility are key to successfully defending against a hostile takeover.
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12Investing in FinanciallyDistressed andBankrupt Securitie.docx
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Using Multiple Operating Businesses, Real Asset Protection Strategies
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Explain how EBIT influences debt capacity and the relevance.pdf
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Investing in FinanciallyDistressed andBankrupt SecuritiesA.docx
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More from guest7cae353
Legal Guide Pg26
A registered charity receives donations from individuals through inheritance, capital gains, and income tax which are tax deductible. It can also receive tax deductible donations from companies. However, only trade that furthers the charity's core charitable objectives qualifies for tax relief. If trade falls outside this, the charity risks losing tax relief except for some small financial limits. To overcome this, the charity can set up a wholly owned trading subsidiary to conduct non-primary trade, with any profits donated to the charity so both maintain tax relief. Registered charities must file annual returns and accounts with the Charity Commission similar to what is filed with other regulatory bodies like Companies House. Extensive guidance for charities is available on the Charity Commission
Legal Guide Pg25
This document discusses legal structures for organizations operating in multiple EU member states, including charitable organizations. It outlines the Societas Europeae and European Co-operative Society structures for multi-national organizations. It also discusses charitable status, noting that a charity is a recognized status rather than a legal structure, and outlines requirements for obtaining charitable status like having exclusively charitable objects and existing for public benefit. The document notes some tax advantages of charitable status.
Legal Guide Pg24
The LLP provides limited liability for members similar to a CLG, but members remain liable for their own actions. Each member's liability is limited to their agreed contribution. Unlike a company, the LLP's income is taxed as the direct income of members according to their profit shares. The LLP allows parties to contribute unequal capital amounts and in different forms, taking into account different contributions through profit shares.
Legal Guide Pg23
An LLP is a new legal structure introduced in 2001 that provides limited liability for its members like a company, but members are taxed as partners. Key aspects of an LLP include:
- It has members rather than partners, and its internal structure can be flexible.
- Formation requires filing an incorporation document with the Registrar containing information about members.
- It must maintain accounting records, prepare annual accounts, and submit an annual return, similar to a company's reporting requirements.
- While not required, experts recommend drafting a private members' agreement to define members' roles and responsibilities.
Legal Guide Pg21
The document discusses two legal structures for organizing a social enterprise: an unincorporated association and a trust.
For an unincorporated association, basic rules will need to be established to regulate the relationship between stakeholders, and this can cost around £500. Trustees hold the association's assets but are subject to the committee's directions. The committee's contractual liability and any limitations on their powers should be made clear.
A trust is created by a settlor transferring property to trustees for charitable purposes. It is governed by a trust deed that identifies its purposes and the trustees' powers. Trustees do not have limited liability, but it may be possible to incorporate the trust or appoint a corporate trustee to gain limited liability for directors.
Legal Guide Pg20
The document discusses the unincorporated association, which is a common organizational structure for voluntary and community groups. An unincorporated association is governed by a constitution or rules agreed upon by its members. It has a managing committee responsible for operations, but no separate legal identity from its members. Assets are usually vested in a few members rather than the association itself. The document provides details on committee appointments, membership provisions, and responsibilities of general meetings that the rules would need to address.
Legal Guide Pg19
The document discusses two legal structures for community organizations: the Community Interest Society (CIS) and the Charitable Incorporated Organization (CIO). The CIS allows assets to be "locked" so members cannot dissolve the organization and distribute assets without regulatory approval, providing assurance for funders. The CIO is a proposed new corporate form for charities that would have separate legal identity from members and limited liability. It aims to reduce duplicate filing requirements compared to existing structures. The CIO is expected to be most suitable for charities wishing to gain limited liability but remain under regulatory oversight.
Legal Guide Pg18
The document discusses the requirements and ongoing costs for a Community Interest Company (CIC) legal structure in the UK. A CIC must file a community interest statement with its registration documents identifying how it will benefit the community. It must also produce an annual community interest report and financial audit like other legal structures. Ongoing costs are similar to a CLG (Company Limited by Guarantee), though the community interest reporting may incur small additional expenses. More information on CIC incorporation and costs is available on online.
Legal Guide Pg16
This document summarizes the costs associated with registering an Industrial and Provident Society (IPS) in the UK. It notes that the registration fee is £40 if adopting standard model rules without amendments, but is higher if amendments are made. Sponsor fees for using model rules range from £300-£500. Registering with custom rules costs £950. Annual recurring fees for an IPS range from £60 for assets under £50,000 to £350 for assets over £1 million. Up-to-date information on costs can be found on the FSA website.
Legal Guide Pg15
The document discusses several aspects of Industrial and Provident Societies (IPS), including:
- Shares in an IPS may pay interest or dividends which could qualify for tax incentives depending on the purpose and location, though there are also other conditions to consider.
- There is a statutory limit of £20,000 on individual investments in withdrawable share capital of an IPS, though this limit may be abolished for transferable share capital.
- IPS structures have not benefited from the same level of resources and promotion as company structures, and there is a lack of transparency and familiarity with IPS among professional advisors.
- Registering an IPS is simpler than a company limited by shares, requiring completed forms, society rules
Legal Guide Pg13
The document provides information about Public Limited Companies (PLCs) and compares them to Close Limited Companies (CLSs). It notes that PLCs can offer shares to the public, whereas CLSs are considered private companies. Additionally, PLCs may choose to list their shares on a stock exchange, which subjects them to additional rules and costs. The formal process of incorporating a PLC is similar to a CLS, but PLCs have a minimum £50,000 share capital requirement and must include "Public Limited Company" or "PLC" in their name. Custom governing documents are also more common and costly for PLCs compared to standard documents for CLSs.
Legal Guide Pg12
This document discusses different legal structures for social enterprises, including the Community Interest Company (CLS) and Public Limited Company (PLC). It notes that while the CLS structure is commonly used for commercial enterprises, it remains a popular vehicle for charities and social enterprises as a trading subsidiary or for joint ventures due to its flexibility. The PLC structure is also suitable, as demonstrated by examples of social enterprises that have adopted this structure, including Cafedirect PLC and The Ethical Property Company PLC.
Legal Guide Pg11
The document discusses two types of companies that can be used to incorporate a social enterprise: a Company Limited by Guarantee (CLG) and a Company Limited by Shares (CLS). While a CLS may be seen as a purely commercial venture, its structure can accommodate the objectives and restrictions required of a social enterprise. A CLS offers more flexibility than a CLG in its ability to issue different share classes and raise money through equity and loans. However, a CLS is restricted from offering shares to the public. More information on incorporation costs can be found at Companies House.
Legal Guide Pg10
The document discusses the structure and formation of a Community Interest Company (CLG) in the UK. It notes that a CLG is a limited liability structure that cannot typically raise equity capital except through debt. Voting is usually democratic on a one-member, one-vote basis, though membership classes and voting rights can vary. Members' liability is limited to a small guarantee, usually £1-10, in the event of winding up the company. Setting up a CLG requires filing paperwork and paying fees to Companies House and involves establishing articles of association agreed upon by founder members.
Legal Guide Pg4
This document provides an overview of different legal structures for social enterprises, dividing them into unincorporated and incorporated groups. Unincorporated structures include associations, trusts, and partnerships, while incorporated structures comprise companies, industrial and provident societies, community interest companies, and charitable incorporated organizations. The main distinction is that unincorporated organizations do not have a separate legal identity, so individuals involved may be personally liable for debts and liabilities, while incorporated structures are legally distinct entities.
Legal Guide Pg3
Wrigleys Solicitors LLP is a specialist charity law firm considered one of the top 20 advising charities in the UK. The firm has 9 lawyers in its Charities and Social Economy Team who work exclusively with charities and the social economy across areas like charity law, company law, intellectual property, tax, and property law. While the firm advises charities in other legal areas, it does not handle litigation and will connect clients to external specialists for those needs.
Legal Guide Pg27
This document provides a guide to different legal structures for social enterprises, comparing key aspects of each. It outlines options including unincorporated associations, charitable incorporated organizations (CIOs), community interest companies (CICs), and companies limited by guarantee. Each structure varies in terms of its separate legal identity, liability of members, governing documents, registration requirements, applicable regulators, ability to restrict assets for social purposes, and allowance of equity investment. In general, the guide helps social enterprises evaluate the pros and cons of different legal forms based on their objectives and needs.
Legal Guide Pg2
This document provides an introduction to legal structures for social enterprises. It notes that there is no agreed definition of a social enterprise, but the DTI defines it as a business with primarily social objectives whose surpluses are reinvested in the community rather than maximizing profit for shareholders. The document states that a social enterprise is defined by its purpose and effect, not its legal structure, and the structure adopted should reflect the specific needs of the enterprise. It does not provide comprehensive legal statements and advice should be sought on tax and financial issues for a particular social enterprise.
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https://www.oeconsulting.com.sg/training-presentations]
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Legal Guide Pg5
- 1. remain personally at risk, particularly if the funds of the organisation are not sufficient to cover its liabilities. From this it will be seen that risk (and the benefit of limited liability) is one of the principal reasons why an unincorporated organisation may seek to incorporate or that incorporation is sought from the start. Risk may arise through any of the activities of an organisation but those who carry the risk of liability should be particularly concerned, and take appropriate advice in any of the following situations: • large or unusual contract; • loans or other funds which may reqwre re-payment e.g. claw back 10 service contracts; • employing others; or • leasing or buying property, especially if It IS subject to any borrowings e.g. mortgage. However there are other reasons which will help in determining which legal structure is more appropriate to an organisation such as: • the level of regulation, including disclosure; • the stage of development of the organisation, where there IS perhaps little likelihood of personal liability in the early stages; • tax advantages, which fall outside the remit of this Guide; or • status or perhaps more likely the perception and requirements of others, such as funders and potential investors. Limited Liability It is likely that you have heard about 'limited liability', but what does this mean? As already noted an organisation with legal status can contract in its own name and has its own assets and liabilities. This means that, generally, any liability is the liability of the A Guide to Legal Structures for Social Enterprise © Wriglers Solicitors LLP Sept 2009 (mjl) 4