INTRODUCTION..........................................................................................................................1 MAIN BODY...................................................................................................................................1 CONCLUSION................................................................................................................................6 REFERENCES................................................................................................................................7
INTRODUCTION In current world, business play an important role in society which develop resources that lead towards social development and welfare. This will show the contribution of companies, through commercial operation, actively contribute for the society progression. Corporate law defines the law of body, rules, regulations, norms and practices which regulate the procedure and formation of organization. It is the corporate body which operate the legal entity which present for conducting business in the market place (Lawrence and Weber, 2014). This assignment is focus on role of UK's corporate legislation and its functions for developing rules and regulations. The main purpose of this report is to analyze the role of corporate law and understand economic foundation and incentives of various player which involved government, investors, TASK The United Kingdom corporate law operate various organisation which formed under the companies Act, 2006 and it is also regulated by the Insolvency Act 1986, European Union Directives, UK corporate Governance Code and court cases. The UK is the first nation which framed the modern corporation statutes in which simple registration process of investors can be organized. The role of corporate law is mainly to ensure that corporate serve the appropriate interest rate to their shareholders and this will also support in enhancing the financial returns to the shareholders. The company can increasing their shareholder wealth if they try to raise its stock price in the market. Corporate law is the body of rules, regulations, norms and practices which operate the formation and operation of association. This is the body of regulation which regulate the legal ventures that exist for conducting business. The law which touch the duties and rights of all people which involve owning, forming and managing a corporation. A corporate law is the legal entity which establish under the state law and main purpose of this law is to conduct business in better manner. Such legislation treats a business as an individual who can be sued. The corporation is different from their single owners, shareholders who have personal stock in the firm. This law encompasses with all legal issues or problems which face by an association. The business or corporate are subject to number of rules or regulations which must be follow to utilize the tax and getting profit by business firm (Scherer, Palazzo and Matten, 2014). There are large number of states which required corporation for conducting annual meetings along with shareholders, business officers and board of directors. 1
Under this law, an organisation formulated contract which is under the seal comprising certain provisions that is specific in this act. The first act related to the registration of companies was The Joint Stock Companies Act, 1844. UK Corporate law play a unique role in business and legal areas which help in managing and controlling all functions in proper manner. The role of corporate law is to provide legal advice to the internal customers and protect the legal interest of the firm effectively, that mainly consider financial issues and control the cost. The major issue for this law is cost certainties and return of investment which should be maintained on internal basis (Bendell, 2017). This law helps in managing and protecting information which provide advantages to the company. Along with this, it will assist in analysing major issue or problem which occur in the business operations. They are play a role as a decision maker through which they provide higher growth to the firm. The economic foundation of corporate law is the concept which describe about economic structure and economic status of the business in the market. This is the main encompassing and interdisciplinary collection of corporate law which are available. It will directly reflect on tremendous alteration that occur in business concern. The economic foundation support in making relation with creditors which involved for secured credit and insolvency situations. In general terms, economic foundation is developed when it is presence in the form of legal personality,transferableshares,delegatedadministration,limitedliabilityandinvestor ownership (Dentchev, Haezendonck and van Balen, 2017). The main agency issue is to attend the corporate concern and it must be identified. The role of corporate law is structuring corporations that includes compulsory functions, failure rules and regulations, choice of legal law, standard forms and promoting social development and welfare. There are various actors who are involved that are described as under: Government– The UK government role in business is to regulate and operate their functions effectively. They are promote company products and services among customers in the large market place. There is various role which performed by authorities of nation such as consumer protection, contract engagement, providing permission to form, protect their staff members as well as external environment of businesses. Investors– An investor is an individual who play an essential role in the firm. They are assign capital as per the anticipation of future returns. There are various investment such as 2
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equity, debts, commodity, derivatives, etc. which are provided by business owners. Investors provide funds to the company in exchange of ownership share for the future returns. Creditors– A business who provide products or services to an organisation and creditor is an individual who does not demand for payment at specific time from the company. A creditor represent as a bank, person, supplier which provide credit amount to the firm. This will play an important role in business at the time of lower balance with company and they require to deliver order to their customer in given time period. During this time, the firm take capital from the creditors for long term basis. Enlightenedshareholdervalueistheideawhichcorporationneedtoengagethe shareholder wealth with a long term placement that desire sustainable profit and growth. This approach related to management that comparing with short term focus on actual share value and its main objective is to imply the immediate and longer term negative effect on non shareholders. It is consider as a new approach which regulate the interest of firm that should be run with the assessed in better manner. It can be seen that market shift from shareholder primacy model to stakeholder value model in quick way. Shareholder value model- Shareholder value is that value which is enjoyed by shareholder by owning shares of a firm. It is the value that deliver by organisation to the shareholder. The enhancing shareholder value is the major importance for managing and maintaining company in better manner. It emphasises income over the responsibility and see company as primary techniques for their owners (Jones, Wicks and Freeman, 2017). Shareholder value consider that company success and growth level can be measured by various things such as share prices, economic profitability, and stakeholder management. They determined that social responsibility is not matter for company and also they claim society to serve best by company. The term shareholder value is mainly used as that way which refer the theory where firm is gaining success if its shareholders are amended. It is analysed that shareholder value is the main objectivity of market valuation. Market price are determined as objectivity consistency in all over the companies. If various market valued businesses so there is an opportunity occurs which can purchase share of the firm at reasonable price on the market. The enhancing of shareholder value is the important factor of an organisation. The management should have involvement of shareholders at the time of making decisions. If shareholder value is higher than it will develop better 3
company management. The main aim of this is based on value management, maximising shareholderprices. There are various factors which arise with shareholder such as manipulation, poorimage,missingconnectiontogainingoperationalobjectivesorgoalsandproper implementation of company policies. Stakeholder value model– It is that approach which is maximising the interest of all stakeholder such as customers, employees, shareholder and society with high objectives. The main objective of this model is to increasing the value of various policies and procedures which help in maintaining business operations. A stakeholder mainly believes that narrow focus on developing wealth for business owners can lead towards getting best outcome in better manner (Saeidi and et. al., 2015). The company consider the impact of activities on all stakeholders and need to make values for all investors. Stakeholder value is the natural measures for success or growthwhich directly impact on non - profit organisation. The firm operate the regulated industries which required for serve customer interest, citizen and stakeholder so they increasing its values. The aim of stakeholder are sustainability and reasonable viability of the firm and it involves management, clients, employees, suppliers, government, shareholder, public, etc. There are certain issue or problem included in stakeholders such as elimination of specific objectives, management acceptance, creating complexities and necessity of homogeneity. Key basisShareholder valueStakeholder value PurposeIncreasingshareholdervalue which is legally permissible Managingandmaintaining financial viability at the time of giving values PhilosophyIncome over responsibilityResponsibilityover profitability Parties servedPartiesareownersand shareholders Involvedmanagers,workers, suppliers, customers, suppliers, public, citizens. DimensionsFollow one dimensionalFollow multi-dimensional Success indicatorsEnhancingdividends,shareSatisfactionforall 4
value and economic incomestakeholders AdvantagesItiseasytoevaluatethe performance,cleargoalsfor employers,boostfinancial period. Developing better relation with stakeholders, accept decision, transformation in brand image. DisadvantagesBiasinshorttermbenefits, focusonfinancialsituation, unwantedexternalities,bad image of brand. Disputinggoals,biasamong activistobjectives,lead stakeholderwhichdevelop slow decision and enhancing value A corporation is the type of concern structure and legal entity which has been stated separatefromtheirownersanditsshareholders.Thecompanyenjoytheirrightsand responsibilities of an individual that include enter into a contract, owning assets, taking loan and hire. The corporation can be expensive and complex business structure of an organisation (Smith, 2014). The procedure of incorporation provides appropriate business venture which has different feature which protect their owners that is being liable for conducting program or event at workplace. On the other hand, there are various types of stakeholders which develop relationship with corporations such as employees, customers, suppliers and investors. First is employee who is the main asset of the company and they are playing essential role in managing and operating businesscorporationinpropermanner.Theyareperformingbetterworkwhichhelpin enhancing company income and profitability. Second is customers who is consuming business products and services in effective way that assist in getting higher income and revenue. They are directly connected with the business and acquiring commodities from the business. Customer satisfaction is the vital success for any business. The employees are considered as backbone of the corporation which infest their performance in increasing company growth and success level. They are play an important role in gaining higher profitability and productivity by doing effective work for an organisation. If company provide training and development sessions to their employees so this will be enhancing its skills and knowledge for completing each work. 5
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Along with this, suppliers are considering as those individual who are delivering products or services to the business (Crane and Matten, 2016). The corporation and suppliers can have interrelated with each other if suppliers do not provide them goods at given time so this will create issue on business profitability and selling volume. Another is investors who is main person for investing funds and financial amount in the company growth so this will be increasing its market share in the market place. The business partners are relying partners which assist them in giving best value for their customers. They are enhancing relation with corporation for providing best quality based products and services to their customers. CONCLUSION From the above description, it can be analysed thatbusiness play an important role in society which develop resources that lead towards social development and welfare. Corporate law is the body of rules, regulations, body, practices, norms and practices which operate the formation and operation of association. This law helps in managing and protecting information which provide advantages to the company. Shareholder value is that value which enjoyed by shareholder by owning shares and stakeholder mainly believe that narrow focus on developing wealth for business owners. There are various types of stakeholders which develop relationship withcorporationssuchasemployees,customers,suppliersandinvestorsthatdeveloping effective relation with their corporation. 6
REFERENCES Books and journals Lawrence, A.T. and Weber, J., 2014.Business and society: Stakeholders, ethics, public policy. Tata McGraw-Hill Education. Scherer, A.G., Palazzo, G. and Matten, D., 2014. The business firm as a political actor: A new theory of the firm for a globalized world.Business & Society. 53(2). pp.143-156. Bendell, J.,2017.Termsfor endearment:Business, NGOsand sustainabledevelopment. Routledge. Dentchev, N.A., Haezendonck, E. and van Balen, M., 2017. The role of governments in the business and society debate.Business & Society. 56(4). pp.527-544. Macaulay, S., 2018. Non-contractual relations in business: A preliminary study. InThe Law and Society Canon(pp. 155-167). Routledge. Jones, T.M., Wicks, A.C. and Freeman, R.E., 2017. Stakeholder theory: The state of the art.The Blackwell guide to business ethics, pp.17-37. Saeidi and et. al., 2015. How does corporate social responsibility contribute to firm financial performance? The mediating role of competitive advantage, reputation, and customer satisfaction.Journal of business research. 68(2). pp.341-350. Smith, N.C., 2014.Morality and the Market (Routledge Revivals): Consumer Pressure for Corporate Accountability. Routledge. Crane,A.andMatten,D.,2016.Businessethics:Managingcorporatecitizenshipand sustainability in the age of globalization. Oxford University Press. Online What is Corporate Law?. 2018. [Online]. Available through: <http://legalcareerpath.com/what- is-corporate-law/>. 7