Company Law - EssayCombo.com

This is a problem question essay.

In January 2019, Maya decided to form a company, Eatwell Ltd, for her food catering business in the regional city of Hallem. She invited her friends, Judy, Carla and Peter to join her in the company as directors and shareholders, each of them taking 20% shareholding, whilst Maya retained 40% shareholding. Maya then sold her business premises and all her catering equipment to the newly formed company. Maya was also appointed as the managing director. In April 2019, Maya leased some of the company’s catering equipment to Kilop Ltd, a neighbouring catering company. Maya usually leased those equipment to Kilop Ltd when she had her sole proprietorship business, so that Kilop Ltd could utilise the equipment over the spring period. Kilop Ltd usually made payments into Maya’s personal account. After a period of one month, Kilop Ltd realised that the equipment was sold to Eatwell Ltd and stopped making payments into Maya’s personal account for the lease.

Eatwell Ltd’s articles of association provided that all the directors must approve of decisions regarding the source of food products used in the catering business. In January 2020, Maya had several disagreements with Judy and Carla. At a meeting of the shareholders, Maya proposed a resolution to alter the articles in order to change the provision as regards all directors approving the source of food products to requiring the approval of any two of the directors. Maya and Peter then approved the purchase of food products from Jelly Ltd, a prominent food retailer in the area. Judy and Carla opposed the decision because they had heard that Jelly Ltd did not conform to the required environmental standards in their food production processes, and they explained this at the meeting to Maya and Peter. In March 2020, Maya received a notice that Eatwell Ltd was being fined by the Environmental Agency for buying its food products from Jelly Ltd, a situation which has led to losses for the company and reputational damage as well.

Advise Maya on the following issues:
1. Kilop Ltd’s refusal to make payments to Maya’s personal account, their argument being that she does not own the catering equipment.
2. The likelihood of success as regards the proposal to alter the articles as proposed by Maya, without the agreement of Judy and Carla.
3. Options which the other shareholders might take in respect of the decision to purchase food products from Jelly Ltd and its resultant negative consequences on the company.

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