Corporate Law, Corporate Constitution And Corporate Litigation

Corporate law is the set of regulations instigated forUnited States. In case of civil law jurisdictions, both the
the corporate world. The word corporation isdocuments are consolidated into one single document
synonymous with publicly owned large companies. Inknown as the Charter.
US, a company is equivalent to a firm or business,Usually many companies supplement the Corporate
irrespective of whether or not it is a separate legalConstitution with additional agreements. This may
entity. A corporation can be called a company but ainclude documents like shareholder’s agreements
company cannot be called a corporation because aetc. One advantage of this document is that it will be
corporation is an association or a union that carries oncompletely confidential and will not be publicly filed in
industrial enterprises.case of a jurisdiction. This document fulfils many
The most important feature of a corporation is thefunctions same as that of the Corporate constitution
legal independence of it from the people who arethat incorporate the Corporate Law.
impetus in creating it. If a corporation is on the verge ofAnother supplement to corporate constitution is that of
bankruptcy it will affect the employees more than thethe voting trusts which is most common in United
higher executives. The shareholders will lose theirStates.
money but they are not liable for the debts that remainCorporate Litigation
to be paid to the creditors. This rule is known as limitedAs per the Corporate Law, as framed under the
liability and is the reason why corporations have aCorporate Constitution, members of the company
name ending with Ltd.have rights against the company and against each
Corporate Constitutionother. According to this right, minority shareholders
Corporate law is derived from two sources whichshould accept that they do not have an overall control
constitute the corporate constitution. In some commonover the company and have to accept the wishes of
law countries including United States, corporatethe majority shareholders. This is because of their
constitution is divided into two different documents.voting limits. This is usually known as the majority rule.
The main and primary document is the MemorandumHowever, especially in case there is only one majority
of association which regulates the activities of theshareholder, this customary majority rule may be
companies with the outer world. This document impliesunethical.
the various objects to be followed by the companyThere are number of exceptions to this majority rule,
and provides the authorized share capital of theaccording to the Corporate Law. Minority Members
company.have the right to sue the majority shareholders if they
The second document is the Articles of Associationare voting to fool the minority and if the majority
which regulates the internal management and affairsinvades the personal right of the minority. Another
of the company. These internal procedures includeexception is that if the company is controlled by
board meetings, entitlements etc. In case of anpotential wrongdoers, the minority shareholders can file
inconsistency, only the memorandum is publicized ina suit against them.