Template:M comp 2002 ISDA 10(a): Difference between revisions

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(Created page with "A seldom-regarded but basically potty representation thrown in to allow parties to represent that if it trades through a minor branch, recourse against it will be no different from the recourse it would have had it traded though its head office. Law students of all vintages will remember from Company Law class that this is necessarily the case: this is what the legal fiction of the “corporate legal personality” is designed to do: create a new, unitary...")
 
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A seldom-regarded but basically potty representation thrown in to allow parties to represent that if it trades through a minor [[branch]], recourse against it will be no different from the recourse it would have had it traded though its [[head office]].
[[10(a) - ISDA Provision|A]] seldom-regarded but basically potty representation thrown in to allow parties to represent that if it trades through a minor [[branch]], recourse against it will be no different from the recourse it would have had it traded though its [[head office]].


Law students of all vintages will remember from Company Law class that this is necessarily the case: this is what the legal fiction of the “corporate [[legal personality]]” is designed to do: create a new, unitary “person” who is liable at law, can sue and be sued, live, love and survive independently of its stakeholders, for anything done in the name of that company — as long as intra vires and properly authorised by the company, regardless of where and through whose agency it is done.
Law students of all vintages will remember from Company Law class that this is necessarily the case: this is what the legal fiction of the “corporate [[legal personality]]” is designed to do: create a new, unitary “person” who is liable at law, can sue and be sued, live, love and survive independently of its stakeholders, for anything done in the name of that company — as long as intra vires and properly authorised by the company, regardless of where and through whose agency it is done.

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