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Aspiring Lawyers - Applications & General Advice
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Limited Company Assets
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<blockquote data-quote="SSKiR" data-source="post: 54012" data-attributes="member: 10139"><p>Hello,</p><p></p><p></p><p>Student here who is struggling to understand an aspect of company law relating to company assets. Obviously since a limited company is its own separate legal entity, it is the legal owner of all its assets, not the shareholder. My question however is, other than through a dividend, salary, or directors loan, can a majority shareholder (75% share) by special resolution vote to transfer company assets to themselves personally? (e.g. vote to transfer expensive machinery to them as a person, or alternatively a rather cheap computer?)</p><p></p><p></p><p>In this theoretical situation, the company is using the model articles with no additional shareholder agreement. If more clarification is required, please do let me know.</p><p></p><p>Thanks!</p></blockquote><p></p>
[QUOTE="SSKiR, post: 54012, member: 10139"] Hello, Student here who is struggling to understand an aspect of company law relating to company assets. Obviously since a limited company is its own separate legal entity, it is the legal owner of all its assets, not the shareholder. My question however is, other than through a dividend, salary, or directors loan, can a majority shareholder (75% share) by special resolution vote to transfer company assets to themselves personally? (e.g. vote to transfer expensive machinery to them as a person, or alternatively a rather cheap computer?) In this theoretical situation, the company is using the model articles with no additional shareholder agreement. If more clarification is required, please do let me know. Thanks! [/QUOTE]
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