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Concept
Corporate law
Summary
Corporate law (also known as business law, company law or enterprise law) is the body of law governing the rights, relations, and conduct of persons, companies, organizations and businesses. The term refers to the legal practice of law relating to corporations, or to the theory of corporations. Corporate law often describes the law relating to matters which derive directly from the life-cycle of a corporation. It thus encompasses the formation, funding, governance, and death of a corporation.
While the minute nature of corporate governance as personified by share ownership, capital market, and business culture rules differ, similar legal characteristics and legal problems exist across many jurisdictions. Corporate law regulates how corporations, investors, shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community, and the environment interact with one another. Whilst the term company or business law is colloquially used interchangeably with corporate law, the term business law mostly refers to wider concepts of commercial law, that is the law relating to commercial and business related purposes and activities. In some cases, this may include matters relating to corporate governance or financial law. When used as a substitute for corporate law, business law means the law relating to the business corporation (or business enterprises), including such activity as raising capital, company formation, and registration with the government.
Academics identify four legal characteristics universal to business enterprises. These are:
Separate legal personality of the corporation (access to tort and contract law in a manner similar to a person)
Limited liability of the shareholders (a shareholder's personal liability is limited to the value of their shares in the corporation)
Transferable shares (if the corporation is a "public company", the shares are traded on a stock exchange)
Delegated management under a board structure; the board of directors delegates day-to-day management of the company to executives.
Official source
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