Capacity: Difference between revisions

From ACT Wiki
Jump to navigationJump to search
imported>Doug Williamson
(Separate the corporate and individual legal capacity issues.)
imported>Doug Williamson
(Add definition - source - edie - https://www.edie.net/definition/capacity/)
 
(15 intermediate revisions by 2 users not shown)
Line 3: Line 3:
If a company or individual lacking contractual capacity purports to enter a contract, the contract may not be enforceable.  
If a company or individual lacking contractual capacity purports to enter a contract, the contract may not be enforceable.  


Problems of contractual capacity may arise in relation to requirements for dual signatories to bind certain foreign companies.
Problems of contractual capacity may arise, for example, in relation to requirements for dual signatories to bind certain companies or to bind companies of particular kinds in certain [[jurisdiction]]s.


Other potential capacity problems - relating more to individuals - include minors, mental incapacity or intoxication.
Other potential capacity problems - relating more to individuals - include minors, mental incapacity or intoxication.
Line 13: Line 13:




3.  
3. ''Regulation.''


More generally, the ability to absorb or hold.  For example, tax capacity or borrowing capacity.
An authorisation or entitlement to undertake a role, under a regulatory regime.


(Tax capacity being the ability to use tax reliefs efficiently to shelter otherwise taxable profits or gains. Borrowing capacity being the maximum amount of borrowing which can be sustained based on a firm's expected future cashflows and its assets.)
 
4. ''Tax and borrowings.''
 
More generally, the ability to absorb or hold. 
 
For example, tax capacity or borrowing capacity.
 
(Tax capacity being the ability to use tax reliefs efficiently to shelter otherwise taxable profits or gains. Borrowing capacity being the maximum amount of borrowing which can be sustained by a business, based on its expected future cashflows and its assets.)
 
 
5. ''Project management.''
 
The amount and nature of responsibilities that an organisation, department or individual is able to deal with successfully.
 
 
6. ''Systems and processes.''
 
The maximum physical or data flow that a system can manage successfully.
 
 
7. ''Power generation.''
 
The maximum power output from a generator.




== See also ==
== See also ==
* [[Authority]]
* [[Bandwidth]]
* [[CB&E]]
* [[Contract]]
* [[Contract]]
* [[Debt capacity]]
* [[Dual capacity]]
* [[Intra vires]]
* [[Jurisdiction]]
* [[Loss absorbing capacity]]  (LAC)
* [[Minor]]
* [[Minor]]
* [[Primary Loss Absorbing Capacity]]  (PLAC)
* [[Regulation]]
* [[Risk capacity]]
* [[Shelter]]
* [[Single capacity]]
* [[Tax]]
* [[Tax capacity]]
* [[Tax relief]]
* [[Total Loss Absorbing Capacity]]  (TLAC)


[[Category:Self_management_and_accountability]]
[[Category:Planning_and_projects]]
[[Category:Long_term_funding]]
[[Category:Long_term_funding]]
[[Category:Compliance_and_audit]]
[[Category:Compliance_and_audit]]

Latest revision as of 22:06, 15 August 2022

1. Law.

If a company or individual lacking contractual capacity purports to enter a contract, the contract may not be enforceable.

Problems of contractual capacity may arise, for example, in relation to requirements for dual signatories to bind certain companies or to bind companies of particular kinds in certain jurisdictions.

Other potential capacity problems - relating more to individuals - include minors, mental incapacity or intoxication.


2. Banking.

In relation to the individuals whom a bank will authorise to open and operate a bank account, the appropriate level of seniority and the role of the individuals within the business of the customer.


3. Regulation.

An authorisation or entitlement to undertake a role, under a regulatory regime.


4. Tax and borrowings.

More generally, the ability to absorb or hold.

For example, tax capacity or borrowing capacity.

(Tax capacity being the ability to use tax reliefs efficiently to shelter otherwise taxable profits or gains. Borrowing capacity being the maximum amount of borrowing which can be sustained by a business, based on its expected future cashflows and its assets.)


5. Project management.

The amount and nature of responsibilities that an organisation, department or individual is able to deal with successfully.


6. Systems and processes.

The maximum physical or data flow that a system can manage successfully.


7. Power generation.

The maximum power output from a generator.


See also