LPC! Practical Legal Research.. help!

Hi im currently doing my LPC and im goin crazy..

Im attempting to do a practical legal research question and just cant seem to come up with the correct legislation!

ive tried many search terms on lexis and they al yield common results but not what im looking

so if anyone can help id be grateful.. forever :redface:

Reply 1

britishseapower

I'm a 1st year LLB so I know nothing but the only thing I can suggest is going to the library and locating some company law related books and just checking the contents page/list of statutes to see if there is anything relevant or the index page

Reply 2

aimsi

you should try halsburys laws, thats what i used for my PLR assessment and i think i got the right answer to the question....to be honest its pretty basic stuff reallythough and stuff you should probably know how to do by now seeing as youre doing the lpc

Reply 3

Dizzy gal

thanx for that, ive already tried halsbury laws.

Ive yielded what i wanted to know..
Basically i was jus tryna figure out if it is the same for a company limited by shares, and those limited by guarantee.. that it what im having trouble pinpointing.

but erm thanx for ur comment :rolleyes:

Reply 4

chalks

I can't access UK legislation easily from here. However, it seems to me that this should be a straightforward Companies Act 1985 and Companies Regulation question. I suggest you look at those pieces of legislation in relation to companies limited by guarantee as a starting point. What are the various provisions re: memoranda/articles of association and how do they limit who can/cannot vote at an AGM? Are there any different CA85 provisions for a company limited by guarantee?

Avoid just sticking a couple of search terms into Lexis. With respect, that's the lazy approach. Try a couple of company law texts as a starting point. Then move onto the legislation itself. Otherwise, Halsburys will give you a good overview.

Reply 5

Dizzy gal

omg thank u for your help.

any more posts are welcome hehe :biggrin:

Reply 6

Dizzy gal

ok im confused now..

i found that by virtue of the companies regulations:

There is no common law right on the part of a member1 to vote by proxy2, but, by statute, any member of a company is entitled to appoint another person, whether a member or not, as his proxy to attend and vote instead of him5; ......
this provision does not apply in the case of a company not having a share capital8,

does this mean that someone cant vote then on his behalf as the company is limited by guarantee and not share capital.. right?

Reply 7

chalks

From the extract you have cited it seems straightforward to me:

1) no common law right to vote by proxy
2) statute may grant right to vote by proxy
3) the regulation continues to provide when you may vote by proxy
4) those provisions do not apply to a company not limited by share capital
5) a company limited by guarantee is a company not limited by share capital.

What does the Act say, as opposed to the Regulation? If nothing, it seems to me that a member of a company limited by guarantee cannot vote by proxy.

Reply 8

aimsi

but remember that PLR is not just about finding the right answer, its how you got to that answer...

Reply 9

Dizzy gal

thank you for your replies!

Devious question had me thinking that the articles could not possibly restrict ones rights to vote. duh dizzy girl.

:biggrin:

Reply 10

legdoc

pl specify the scenerio