Company, Associations and Commercial Law Dictionary (Duhaime. org)

 0    89 fiche    JolaW
Télécharger mP3 Imprimer jouer consultez
 
question English réponse English
Abuse of Dominant Position
commencer à apprendre
Intentional anti-competitive acts by persons substantially in control of a market, that has had, is having, or is likely to have the effect of preventing or lessening competition.
Accardi Doctrine
commencer à apprendre
An agency must abide by its own regulations.
Ad Hoc
commencer à apprendre
Latin: limited in time; to this point.
Amalgamation
commencer à apprendre
The merging of two things together to form one, such as the amalgamation of different companies to form a single company.
Anti-trust
commencer à apprendre
Prohibited trade, marketplace or merchant activities as defined in a relevant anti-trust or such other restraint of trade statute.
Arm's Length
commencer à apprendre
A transaction or relationship where there is an absence of control the one over the other.
Association
commencer à apprendre
A form of organizational structure which is institutionally operated on a cost recovery basis, for which incorporation is extended by the government or, in some jurisdictions, as an unincorporated association of individuals, for a set of purposes set out in statute such as religious, scientific, social, literary, educational, recreational or benevolent purposes, and generally operated as nearly as possible at cost.
Auditor
commencer à apprendre
A private person who examine, inspects or verifies the accounts of another.
Bank
commencer à apprendre
A corporation empowered to deal with cash, domestic and foreign, and to receive the deposits of money and to loan those monies to third-parties.
Board of Directors
commencer à apprendre
The group of most senior managers, operators and administrators of a corporation or association.
Call For Tenders
commencer à apprendre
A property owner's invitation, sometimes at large, sometimes to a select group, for bids to complete a particular project.
Carry
commencer à apprendre
The observation or declaration by the chair of a meeting that a member’s motion has passed or attained the requisite majority vote, and is thus converted into a resolution of the whole meeting or organization.
Cartel
commencer à apprendre
An agreement between two or more merchants to create or control a monopoly, to lessen or prevent competition.
Check or Cheque
commencer à apprendre
A form of bill of exchange where the order to pay is given to a bank which is holding the payor’s money.
Committee
commencer à apprendre
A term of parliamentary law which refers to a body of one or more persons appointed by a larger assembly or society, to consider, investigate and/or take action on certain specific matters.
Commodity
commencer à apprendre
A fungible, tradeable thing, good, product, interest including money or negotiable instruments.
Common Share
commencer à apprendre
The basic share in a corporation.
Company
commencer à apprendre
A legal entity, allowed by legislation, which permits a group of people, as shareholders, to apply to the government for an independent organization to be created, which can then focus on pursuing set objectives, and empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money.
Competitive Injury
commencer à apprendre
A price difference designed to harm competition.
Conflict of Interest
commencer à apprendre
A personal interest that conflicts with a public or fidiciary interest.
Consolidation
commencer à apprendre
The union of two or more corporations into one corporate body after which the constituent corporations cease to exist.
Corporate Secretary
commencer à apprendre
Officer of a corporation responsible for the official documents of the corporation such as the official seal, records of shares issued, and minutes of all board or committee meetings.
Corporation
commencer à apprendre
A legal entity, created under the authority of a statute, which permits a group of people, as shareholders, to apply to the government for an independent organization to be created, which then pursues set objectives, and is empowered with legal rights usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money.
Custom
commencer à apprendre
The consensual regulation of human conduct and commerce by the community itself.
Deceptive Trade Practice
commencer à apprendre
An intentional act or omission in the course of trade or commerce that has the tendency or capacity to mislead or create the likelihood of deception.
Derivative Action
commencer à apprendre
A class action brought for a wrong done to a corporation.
Director
commencer à apprendre
Senior manager(s) selected by shareholders to manage a corporation.
Dividend
commencer à apprendre
A proportionate distribution of profits made in the form of a money payment to shareholders, by a for-profit corporation. Dividends are declared by a company's board of directors.
Double Escrow
commencer à apprendre
The secret use of escrow funds with those of another escrow fund, for the purposes of financial gain by the holder of the escrow funds, and without the knowledge of the owners of the two funds.
Dragnet Clause
commencer à apprendre
A clause in a credit agreement which purports to secure future liabilities.
Drawee
commencer à apprendre
The bank which has the drawer's checking account from which a check is to be paid.
Drawer
commencer à apprendre
The person who signs a check to his or her bank ordering the latter to pay the face amount of the check to the payee.
Due Diligence
commencer à apprendre
Reasonable verifications and precautions taken to identify or prevent foreseeable risks.
Duty of Care
commencer à apprendre
An obligation to conform to a certain standard of conduct for the protection of another against an unreasonable risk of harm.
Exclusive Dealing
commencer à apprendre
An arrangement designed to throttle or control legitimate trade by the selection and exclusive use of a particular supplier's product.
Fidelity Rebate
commencer à apprendre
Offering loyalty rebate program to select customers.
Franchise
commencer à apprendre
A licensing contract in which a holder of certain legal rights gives another to sell or package those rights.
Franchisee
commencer à apprendre
The person who receives, for consideration, the license to right to sell a product or service and to operate a business along the lines developed by the franchisor and using the franchisor's trade name or other designation.
Franchisor
commencer à apprendre
The legal rights holder who licenses, in whole or in part, those legal rights to another pursuant to a franchise agreement.
Functus Officio
commencer à apprendre
Latin: an officer or agency whose mandate has expired either because of the arrival of an expiry date or because an agency has accomplished the purpose for which it was created.
Guarantor
commencer à apprendre
A person who pledges payment or performance of a contract of another, but separately, as part of an independently contract with the obligee of the original contract.
Harassment
commencer à apprendre
Unsolicited words or conduct which tend to annoy, alarm or abuse another person.
Insider Trading
commencer à apprendre
Participation by corporate officers, directors or employees in the trade of a stock based on confidential or privileged corporate information, knowing that information to be confidential, and seeking thereby to acquire profits or avoid losses on the stock market.
Law Merchant
commencer à apprendre
International commercial law; the law as it relates to merchant
Lay on the Table
commencer à apprendre
Also “to table”; a term of parliamentary law and procedure which refers to a motion in regards to another motion being actively debated, but intended to defer a final disposition of the pending motion.
Lifting the Corporate Veil
commencer à apprendre
Disregarding the general rule a corporation is a legal entity distinct from its shareholders by regarding the company as a mere agent or puppet of a controlling shareholder or parent corporation.
Liquidation
commencer à apprendre
The converting of the the assets of a person into cash.
Meeting
commencer à apprendre
The coming together for the transaction of a lawful object of two or more persons.
Merchant
commencer à apprendre
A person engaged in the making, buying or selling of goods or services.
Merchantable Quality
commencer à apprendre
A product which is undamaged and usable and of sufficient quality to merit purchase at the requested price by a reasonable buyer.
Merger
commencer à apprendre
The absorption of one corporation by another.
Misleading Advertising
commencer à apprendre
Materially false or misleading representations concerning a product or service.
Money Laundering
commencer à apprendre
The conversion or transfer of money obtained by crime for the purposes of frustrating law enforcement.
Monopoly
commencer à apprendre
A commercial advantage enjoyed by only one or a select few companies in which only those companies can trade in a certain area.
Monopsony
commencer à apprendre
Market conditions in which there exists only one buyer for a commodity or service.
Moratorium
commencer à apprendre
The temporary suspension of legal action against a person.
Mortmain
commencer à apprendre
French: dead hand. Property taken out of circulation.
Motion
commencer à apprendre
A proposal made to a Court or at a meeting and intended to be considered and decided upon.
Nerve Center Test
commencer à apprendre
A judicial analysis used to determine a corporation's real place of business where activities are decentralized; the focus is locating where the corporation's overall policy originates.
Nondisclosure Agreement
commencer à apprendre
A contract between the holder of confidential information and another person to whom that information is disclosed, prohibiting that other person from disclosing the confidential information to any other party.
Officer
commencer à apprendre
A management-level employee of a corporation entrusted with discretion in the exercise of some portion of corporate powers.
Oligopoly
commencer à apprendre
A market condition that results when there are but a few sellers
Oppressive
commencer à apprendre
Harsh, dishonest or wrongful conduct and a visible departure from the standards of fair-dealing.
Parliamentary Law
commencer à apprendre
Rules of deliberative bodies by which their procedure is regulated.
Person
commencer à apprendre
An entity recognized by the law as separate and independent, with legal rights and existence including the ability to sue and be sued, to sign contracts, to receive gifts, to appear in court either by themselves or by lawyer and, generally, other powers incidental to the full expression of the entity in law.
Piercing the Corporate Veil
commencer à apprendre
To hold a corporate entity liable for the acts of a separate, related entity.
Place of Operations Test
commencer à apprendre
A judicial analysis used to determine a corporation's real place of business which prioritizes the venue of corporate activities.
Point of Order
commencer à apprendre
A term of parliamentary law and procedure which refers to an interjection during a meeting by a member, who does not have the floor, to call the attention of the chair to an alleged violation or breach of the assembly’s or meeting’s rules of order.
Predatory Pricing
commencer à apprendre
The pricing of products in an unfair manner with an object to eliminate or retard competition and thereby gain and exercise control over prices in the relevant market.
Preferred Shares
commencer à apprendre
A share in a company that has some kind of special right or privilege attached to it, such as that it is distinguished from the company’s common shares.
President
commencer à apprendre
The appointed or elected head of a group of individuals, such as of a company or of a state.
Pro Socio
commencer à apprendre
Latin: on behalf of a partnership.
Question of Privilege
commencer à apprendre
A term of parliamentary law and procedure which refers to an urgent motion made at a meeting which seeks an immediate ruling on an alleged violation of the rights or privileges of members as a whole, or in regards to a negative personal remark.
Quorum
commencer à apprendre
The minimum number of voting members that must be in attendance at a meeting of an organization for that meeting to be regularly constituted.
Ratification
commencer à apprendre
The act by a principal, after the agent has acted, confirming that what the agent may have done without authority, is binding on the principal.
Rule in Foss v Harbottle
commencer à apprendre
A rule of corporations law: shareholders have no separate cause of action in law for any wrongs which may have been inflicted upon a corporation.
Share
commencer à apprendre
A portion of a for-profit corporation bought by cash.
Shareholder
commencer à apprendre
Persons who own a share(s) of a for-profit corporation.
Shareholder agreement
commencer à apprendre
A contract between the shareholders of the company and the company itself, in which certain things which would otherwise be the purview of the board of directors, are predetermined.
Sherman Antitrust Act
commencer à apprendre
American federal statutes that defines and prohibits contracts or conspiracies which are designed to restrain trade.
Society
commencer à apprendre
A group of people formed as a separate organization and which has as a stated purpose some charitable or benevolent purpose either in regards to the public at-large or in regards to the common interests of the members, and which operates as nearly as possible at cost.
Standard
commencer à apprendre
The technical or performance specifications in regards to a product.
Standing Committee
commencer à apprendre
Committees which have a continued existence; that are not related to the accomplishment of a specific, once-only task as are ad hoc or special committees.
Storm Warning
commencer à apprendre
Data available to an ordinary investor that would give rise to a suspicion of fraud.
Subsidiary
commencer à apprendre
A corporation subordinate to a dominant company which is able, through share ownership, to exert influence or control over its affairs.
Successor
commencer à apprendre
A person who takes over the rights of another.
Tax
commencer à apprendre
A payment to a public authority, required by statute, for a public purpose.
Tied Selling
commencer à apprendre
Where a supplier sells on condition that the buyer to the purchase of another associated or "tied" product.
Vertical Restraint
commencer à apprendre
Special condition or term offered to select distributors by a supplier in order to manipulate trade.

Vous devez vous connecter pour poster un commentaire.