THE PRINCIPLES IN THIRD PARTY TRANSACTIONS AND INSIDER DEALINGS: AN EVALUATION OF RECENT LEGAL ISSUES *
Authors:
IMOSEMI Adekunbi
Publication Type: Journal article
Journal:
ISSN Number:
0
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Abstract
A company is a legal and juristic person capable of bearing rights and duties equivalent to those
of human beings1. It becomes an artificial legal entity once the formal process of brining it into
existence has been complied with2. In essence, it is a legal personality created by a process other
than “natural birthâ€. Having been cloaked with personality, it is deemed to be a separate and
distinct entity from its cooperators3. Despite being fitted with the toga of personality however, a
company is admittedly an artificial person, a legal fiction which perforce has to operate through
the medium of human being in accordance with provisions of the Company’s Constitution4, the
Memorandum and Articles of Association. In recognition of this fact, the courts have continually
reiterated that a company must act through natural persons who form its vital organs and who
must be deemed to be the company itself to all intents and purpose5. This paper sets out to
identify those human beings who have the responsibilities of piloting the affairs of a company.
Having identified them, efforts will be made to see their relationship with each other all with a
view to seeing to what extents a third party who deals with them can reasonably be assured of
protection under the law and concludes by recommending the need to amend some of the laws
that affect the subject matter of this write-up.