Current problems of the Companies Act (2006) through the eyes of a foreign commentator

Professor Schall's paper will explore the following issues:

1. What is a company? (sections 1, 16)
2. The company as body corporate (sections 1, 16 (2) and (3)) and veil-piercing after VTB Capital v Nutritek and Chandler v Cape.
3. The consequences of "unlawful purposes" (section 7 (2)).
4. Is a company based on an agreement (section 8)?
5. The CA as mandatory law (eg section 994)?
6. On section 31:
   • Company objects and the corporate objective - how do they relate?
   • What then is the "interest of the company"
   • May company's objects be abandoned under European law
7. On the application of section 33.
8. How to read section 39? In particular: Can any company now become member of another?
9. How to read section 40? In particular: Does Smith v Henniker-Major still have any meaning?
10. How to seize UK company shares abroad (sec 112)?

Professor Schall is Professor of German, European and International Civil and Business Law at the Leuphana Law School. His research interests span international and European company law, specifically corporate insolvency and capital markets. He is particularly interested in English company law from a comparative perspective.