Company Law Master Case Study Example | Topics and Well Written Essays - 3000 words

Company Law Master - Case Study Example The address of such place will have to be intimated to the Registrar of companies and Madona can find the address of the place from the registrar in case such a regulation has been made in this respect. However Madona should note that under the new provisions "A person seeking access to the register will have to give their name and address and state the purpose for which access is being requested and indicate whether the information will be disclosed. The company can apply to the court for an order that it does not have to comply with the request on the grounds that access is not sought for "a proper purpose"."3 Under the provisions of Section 113 (2) it is necessary for the companies having a share capital to incorporate in the register of members the shares held by each member, with the share numbers if any and also the class of shares where there is more than one class. Hence by the inspection of the register of members of Posh Cars Ltd, Madona may be able to find out the extent of Mr. Cowboy's holdings in the company. Section 353 (1) of the Companies Act 1985 allows the company to maintain the register of members in a place other than the registered office through a notification to this effect. ... However Madona should note that under the new provisions "A person seeking access to the register will have to give their name and address and state the purpose for which access is being requested and indicate whether the information will be disclosed. The company can apply to the court for an order that it does not have to comply with the request on the grounds that access is not sought for "a proper purpose"."3 1.2 Mr. Cowboy's Holdings in Posh Cars Ltd: Under the provisions of Section 113 (2) it is necessary for the companies having a share capital to incorporate in the register of members the shares held by each member, with the share numbers if any and also the class of shares where there is more than one class. Hence by the inspection of the register of members of Posh Cars Ltd, Madona may be able to find out the extent of Mr. Cowboy's holdings in the company. 1.3 Access to Register of Members in the case of a Plc: Section 353 (1) of the Companies Act 1985 allows the company to maintain the register of members in a place other than the registered office through a notification to this effect. However the Registrar will be informed of the address and location of the place where the register of members will be available for inspection. With the proposed amendments in the Companies Act 2006 "persons requesting to inspect or obtain a copy of a company's register will be required to submit a written request to the company, stating their name and address, the purpose for which the information is to be used and whether the information will be disclosed to any other person. It will then be up to the company to decide whether the stated purpose is 'proper' or 'improper' and either fulfil the request within five days or make an