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Going concern

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Going Concern
The Transfer of Undertakings (Protection of Employment) Regulations 1981 ("TUPE") apply where an undertaking (business) is sold as a going concern (as opposed to a sale of assets or a sale of shares) or where a unit within a business is ...

 


On winding up the organization cease to be a going concern. The owners are eligible to get the share of residual property and may require to compensate in the event the assets are insufficient and the existing agreement so specifies.

Net worth in this formulation is not an expression of the market value of the firm: the firm may be worth more (or less) if sold as a going concern.

calls on contributories, sues debtors, takes misfeasance proceedings, if necessary, against directors or promoters, and carries on the company's business - supposing the goodwill to be an asset of value - with a view to selling it as a going concern.

personal property is sometimes more difficult to identify: a beneficiary’s expectation under the will of a person not yet deceased, the unexpired term of a pre-paid lease, a seat on the New York Stock Exchange, goodwill in a going concern, ...

See also: Assets, Share, Person, Goodwill, Use

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