Legal terminology Flashcards

1
Q

When is a company considered insolvent?

A

A company is insolvent when it cannot pay its debts on time or when its liabilities exceed its assets.

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2
Q

What is Intellectual Property?

A

Your intangible property, such as inventions, which are protected via copyrights, patents, design rights and trademarks.

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3
Q

What is issued share capital?

A

The total amount of shares which are issued by a company and held by shareholders.

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4
Q

What is a joint venture?

A

Involved two or more businesses agreeing to pool their resources and work together on a specific task or objective.

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5
Q

What is a leasehold?

A

When you buy a leasehold property, you’ll take over the lease from the previous owner for a fixed amount of time. You do not own the land the property is on. The opposite of this is a freehold property.

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6
Q

What is leveraged finance?

A

Using third party debt to undertake a project.

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7
Q

What is liability?

A

Something a person or company owes, usually a sum of money. Liabilities are settled over time through the transfer of economic benefits including money, goods, or services.

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8
Q

What is licensing?

A

Involves a business (‘licensor’) permitting another (‘licensee’) to use an element of its business, usually in exchange for a royalty.

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9
Q

What is a limited liability partnership?

A

A Limited Liability Partnership (LLP) is a type of business structure that combines features of both a partnership and a company.

Here’s a simple breakdown:

Limited Liability – Unlike a regular partnership, where partners are personally responsible for debts, an LLP protects its partners. This means their personal assets are safe if the business faces losses.

Separate Legal Entity – An LLP is its own legal entity, meaning it can own assets, sign contracts, and sue or be sued, just like a company.

Flexible Management – Unlike a company that requires a board of directors, an LLP is managed by its partners, making operations more flexible.

Tax Benefits – LLPs are taxed like partnerships, meaning they avoid double taxation (where both the business and the owners are taxed separately).A partnership where all or some of the partners have limited liability.
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10
Q

What is liquidation?

A

Applies to companies or partnerships and involves the realisation and distribution of the assets and usually the closing down of the business.

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11
Q

What is litigation?

A

The commencement of legal action through the courts.

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12
Q

What are management buy-outs/buy-ins?

A

‘Buy-out’ refers to an acquisition of a company led by that company’s existing management team. ‘Buy-in’ is where an acquisition is led by an external team of managers.

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13
Q

What is mediation?

A

A process conducted confidentially that involves the parties in a dispute nominating a neutral third party (‘facilitator’) to assist them in working towards a mutually beneficial arrangement.

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14
Q

What is a merger?

A

An agreement that unites two existing companies into a new company.

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15
Q

What is money laundering?

A

The illegal process of making large amounts of money generated by criminal activity appear to have come from a legitimate source.

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16
Q

What is a monopoly?

A

Where a business owns such a large share of the market that it has total or substantial control over trade within that market.

17
Q

What is a non-executive director?

A

A member of a company’s board of directors who acts as an independent advisor and is involved in policymaking and planning exercises.

18
Q

What is offshoring?

A

Involves shifting elements of production or distribution abroad, usually where costs such as labour are lower.

19
Q

What is outsourcing?

A

Involves a business contracting out various roles/processes to external companies.

20
Q

What are patents?

A

Protect inventions that have an ascertainable use or application and are new, unique and non-obvious.

21
Q

What is private equity?

A

Private equity (PE) is a type of investment where money is pooled from investors to buy, improve, and later sell companies for a profit. Unlike public stocks, PE investments are in private companies (or public companies that are taken private

22
Q

What is remuneration?

A

The total compensation received by an employee, including base salary, bonuses, commission payments, and other financial benefits.

23
Q

What is security?

A

A right given by a borrower to a lender that typically entitles the lender to take control of some (or all) of the borrower’s assets if the borrower fails to repay the loan as agreed.

24
Q

What is settlement?

A

A resolution between disputing parties about a legal case, reached either before or after court action begins.

25
What is a shareholder?
An owner of shares in the company who can make important decisions but has limited involvement in the day-to-day running of the company.
26
What is a share sale/purchase?
A share sale involves purchasing either all the company's shares or a controlling stake in another company.
27
What is a syndicated loan?
When borrowers need to raise large amounts of money, lenders may 'syndicate' and collectively provide the required capital.
28
What are trademarks?
Trademarks protect words, signs and symbols that help to distinguish the holder's goods or services from those supplied by other businesses.
29
What is venture capital?
Venture capital firms aggregate (combine) funds from institutional investors and private individuals to invest in businesses and sell at a profit.
30
What is a warranty?
A type of guarantee that a manufacturer makes regarding the condition of its product.
31
What is the difference between a partnership and a company?
1. Legal Identity Partnership: The business and the partners are not separate legal entities. The partners are personally responsible for the business. Company: A company is a separate legal entity from its owners (shareholders). It can own property, enter contracts, and sue or be sued in its own name. 2. Liability Partnership: Partners have unlimited liability, meaning their personal assets can be used to pay business debts (except in an LLP, where liability is limited). Company: Shareholders have limited liability—they are only responsible for the amount they invested in the company. Their personal assets are protected. 3. Ownership & Management Partnership: Owned and managed by partners. Decision-making is typically shared as per the partnership agreement. Company: Owned by shareholders but managed by directors. The ownership and management are separate. 4. Compliance & Regulations Partnership: Fewer legal formalities, easier to start and operate. Company: More compliance, such as filing annual reports, maintaining records, and following corporate laws. 5. Taxation Partnership: Profits are taxed at the partners' individual tax rates (pass-through taxation). Company: Pays corporate tax on profits. If dividends are distributed, shareholders may also be taxed (double taxation). 6. Continuity & Existence Partnership: Ends if a partner dies, resigns, or if partners dissolve it. Company: Continues to exist even if shareholders change or die. 7. Funding & Capital Partnership: Limited funding options, mostly reliant on partners’ contributions or bank loans. Company: Can raise capital by issuing shares to investors.