COMMERCIAL & CORPORATIONS LAW

PRACTICE

Commercial law (or Business law) is the body of law that governs business and commercial transactions. It is often considered to be a branch of civil law and deals with issues of both private law and public law.

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Corporate law is the body of law that applies to the rights, relations, and conduct of persons, companies, organizations and businesses.

It studies how corporations, investors, shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community, and the environment interact with one another. Corporate law is a part of a broader companies law (or law of business associations). It is often considered to be a branch of civil law and deals with issues of both private law and public law.

 

The most prominent kind of company, usually referred to as a "corporation", is a "juristic person", i.e. it has separate legal personality, and those who invest money into the business have limited liability for any losses the company makes, governed by corporate law.

The largest companies are usually publicly listed on stock exchanges around the world. Even single individuals, also known as sole traders may incorporate themselves and limit their liability in order to carry on a business. All different forms of companies depend on the particular law of the particular country in which they reside.

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Other types of business associations can include partnerships (in the UK governed by the Partnership Act 1890), or trusts (like a pension fund), or companies limited by guarantee (like some community organizations or charities). Under corporate law, corporations of all sizes have separate legal personality, with limited or unlimited liability for its shareholders. Shareholders control the company through a board of directors which, in turn, typically delegates control of the corporation's day-to-day operations to a full-time executive. Corporate law deals with firms that are incorporated or registered under the corporate or company law of a sovereign state or their sub-national states.

 

The four defining characteristics of the modern corporation are:

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• Separate legal personality of the corporation (access to tort and contract law in a manner similar to a person)

• Limited liability of the shareholders (a shareholder's personal liability is limited to the value of their shares in the corporation)

• Shares (if the corporation is a public company, the shares are traded on a stock exchange)

• Delegated management; the board of directors delegates day-to-day management of the company to executives

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