Question Tag: Legal Effects

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Explain THREE (3) main effects of incorporation of a company under the Companies Act 1963 (Act 179).

(9 marks)

  • Contract under seal between Company, Members, and its Officers: When the Regulations are registered, they become a binding contract between the company, its members, and its officers.
  • Perpetual Succession: The company continues to exist regardless of changes in membership or ownership.
  • Separate Legal Status: The company becomes a separate legal entity, capable of suing and being sued, independent of its members.
  • Legal Person: Upon incorporation, the company is recognized as a legal person, distinct from its shareholders, with the ability to own property, enter into contracts, and conduct business.                                                (3 points @ 3 marks each = 9 marks)