Discussion Activity 6.2: The Shadow Director

Can a corporation be a “shadow director” of another corporation? First, let’s look at who in general can be a director. CBCA s. 2(1) and BCBCA s. 1(1) are not very helpful in terms of narrowing down the question of who a director can be, but they are helpful in that they both implicitly allow […]

Discussion Activity 4.1 (and some ramblings…)

Page 88, Question 1) What is the effect of the different wording between s. 15(1) of the CBCA and s. 30 of the BCBCA? The difference in language, of course, is in the characterization of corporate personhood rights by the term ‘natural person’ and ‘individual of full capacity’ respectively. This distinction of statutory drafting throws […]

Discussion Activity – The Barbershop Duet

The following post touches on the discussion activity (3.1/2) from this week which asks us to consider whether the agreement between X and Y regarding their barbershop (Z) constitutes a partnership. I will assume for the sake of this activity that the agreement was made in BC and therefore subject to the BCPA. Provisions 2.2 […]

The Corporation – Reflections

In the ‘limited liability’ section of the Unit 1 material, it is suggested that a ‘countervailing consideration’ which arises out of limited liability is the encouragement of opportunistic behaviour by corporations. Although shareholders are meant to be protected by company law, the corporation, when possible, may seek to protect its own interests separate from this […]