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• What does true freedom encompass beyond the mere absence of constraints?

  The ability to pursue one's potential
• What does the study material say happens when there are differing views of freedom?

  One side's freedom can be another's tyranny
• According to the text, what are two key questions to consider regarding civil society and governance?

  Purpose of civil society and criterion for legitimate governance
• What is the initial critical question that arises when discussing the social contract?

  What do you mean by consent?
• What are the two types of consent discussed in relation to the law and nation-building?

  Express and passive
• When examining the types of consent, what two aspects should be considered?

  • Nature of the consent
  • Implications of the consent
• According to Mill, what are the two types of freedoms?

  Positive and negative
• According to S 112 CA 2006, how does a person become a member of a company?

  By agreeing and having name in register
• What is one way a person might become a company member?

  By subscribing to the memorandum
• How can someone become a member by application?

  Under a prospectus or offer of sale
• How can someone become a member via transfer?

  By acceptance of a transfer from member
• In what event can someone become a member by succession?

  On the death or bankruptcy of a member
• How can shares be acquired through an employee share scheme?

  By the acquisition of shares
• How can a director become a member through qualification?

  By signing to take a qualification share
• How can someone become a member by holding themselves out as one?

  Allowing name on the register of members
• What is the relationship between a company and its members according to s 33?

  A relationship of contract
• According to the text, what rules apply to membership issues?

  General rules of contract
• According to the text, who can generally become a company member?

  Anyone who can make a contract
• According to the text, what is the age of full contractual capacity in Scotland per the Age of Legal Capacity (Scotland) Act 1991?

  16
• According to the text, how can a minor hold shares, if permitted by the Articles?

  Acquire by means other than purchase
• According to the text, what age gives people special rights to apply to court to have prejudicial transactions set aside?

  16 and 17
• According to the text, can a company become a member of another company?

  Yes, if authorised by its Articles
• In such circumstances, according to the text, how can a company attend meetings and vote?

  By representative or proxy
• According to the text, can a company become a member of itself?

  No, a company cannot
• According to the text, what does purchasing its own shares amount to?

  A return of capital
• According to s 113, what must every company keep?

  A register of its members
• What information must the register of members contain?

  • Names and addresses of members
  • Statement of shares held, and classes
  • Amount paid on each member’s shares
  • Date of entry and cessation of membership
• According to the text, under what section must a company keep a register of members available for inspection?

  S 114
• According to s 116 of the 2006 Act, what can a member do if information is withheld or misrepresented?

  Apply to the court for rectification
• According to the text, when may a company not enter into an arrangement under which a director is to acquire a substantial non-cash asset from the company?

  Unless approved by members' resolution
• According to the text, what are the conditions under which an asset is considered substantial?

  Exceeds 10% asset value and more than £5,000 or exceeds £100,000
• What sections of CA 2006 and FSMA 2000 generally discuss disclosure of substantial shareholdings in public companies?

  Ss 820-825 CA 2006, FSMA 2000
• According to the text, when must a person inform a company about share interest?

  When acquires a 3% interest
• According to the text, where can more information on the notification of the acquisition of major shareholdings be found?

  Disclosure and Transparency Rules para 5.1.2(1)
• What must every public company keep regarding share interests?

  Register of interests in shares
• According to the text, when does a person cease to be a member of a company?

  When removed from the register
• According to the text, what are some circumstances that may result in membership termination?

  Transfer, forfeiture, death, or dissolution
• According to the text, how long after termination can the name be removed from the register of members?

  10 years
• According to the text, what are the members of a company entitled to?

  Certain rights in respect of membership
• How are the rights enjoyed by members determined for companies with share capital?

  By the type of shares held