Law of Sri Lanka Quiz

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Questions and Answers

What is required for a sole proprietorship to officially register its business name?

Only verbal permission from local authorities

A partnership agreement with another business

Certification from the Grama Niladharee and an application form (correct)

Financial statements of the business

Which of the following statements about partnership registration is correct?

Partnerships do not require any form of registration.

Registration is required in all cases for partnerships.

Registration is advisable if initial capital exceeds 1000 LKR. (correct)

Partnerships only need to register if there are three or more partners.

In terms of registration, how do companies differ from sole proprietorships and partnerships?

Companies require no formal registration process.

Companies are not required to register at all.

Companies must always register with local businesses.

Companies are recommended to register, especially with higher initial capital. (correct)

What document does one need to obtain from the Divisional Secretariat Office for business registration?

An application form for registration Signup and view all the answers

What does the Divisional Secretary issue upon successful registration of a business name?

A Certificate of Registration of Business Name Signup and view all the answers

What is required for a company application to the Registrar?

A declaration that the company name is unique Signup and view all the answers

How many shareholders must a company have at minimum?

Two shareholders unless one is the Secretary to the Treasury Signup and view all the answers

Which type of company requires an initial consent from the directors and the secretary?

All types of companies Signup and view all the answers

What is the purpose of the Intellectual Property Act No. 36 of 2003?

To promote national creativity and protect creative efforts Signup and view all the answers

What type of company can have a single shareholder?

Any company with Secretary to the Treasury as a shareholder Signup and view all the answers

What does the Wages Board Ordinance primarily address?

Minimum wages and working conditions Signup and view all the answers

Which of the following is NOT a type of company mentioned?

Sole Proprietorships Signup and view all the answers

Which of the following is covered under Intellectual Property Law?

Copyrights and Trademarks Signup and view all the answers

What can be considered the highest law in Sri Lanka?

Constitution Signup and view all the answers

Which of the following is NOT a source of law in Sri Lanka?

Traditions Signup and view all the answers

What role does Parliament play in the creation of laws in Sri Lanka?

It enacts acts Signup and view all the answers

Which type of law in Sri Lanka deals primarily with offenses against individuals?

Civil Law Signup and view all the answers

Which of the following is NOT a characteristic of Criminal Law?

Regulation of private disputes Signup and view all the answers

What is the purpose of regulations in the legal framework of Sri Lanka?

To enforce existing laws Signup and view all the answers

How do local authorities create laws in Sri Lanka?

By passing ordinances Signup and view all the answers

Which law governs issues related to financial crimes in Sri Lanka?

Financial Transactions Reporting Act Signup and view all the answers

Which historical law system heavily influenced Sri Lankan law during the colonial period?

Roman Dutch Law Signup and view all the answers

Which of the following is a type of law that governs the operations of businesses?

Commercial Law Signup and view all the answers

What is the role of the judiciary in the creation of law in Sri Lanka?

To interpret laws through judgments Signup and view all the answers

Which law primarily addresses family matters such as divorce in Sri Lanka?

Civil Law Signup and view all the answers

What type of legislation would likely regulate corporate governance in Sri Lanka?

Statutes Signup and view all the answers

Which principle is emphasized in the Penal Code regarding personal defense?

Right of Private Defence Signup and view all the answers

Study Notes

Law of Sri Lanka

Presenter: Sachith Ranasinghe
Qualifications: B.Com (Hons), Attorney-at-Law, Notary Public, Commissioner of Oaths, CIMA MA

Outline

Introduction to Law of Sri Lanka
Laws important to Entrepreneurs
Employment Law in Sri Lanka

What is Law? Why is it Important?

"Law is the thing which is controlling the society" - Plato (427-347 B.C.)
"The law is enacted by the Emperor" - Justinian (527-565 A.D.)
"The law has come from the God" - Thomas Aquinas (1225-1274 A.D.)
"Law is the rule which divides the Right and Wrong in the society" - William Blackstone (Famous English Jurist, 1723-1780 A.D.)
A set of rules created and enforced by social or governmental institutions to regulate behavior.
The precise definition of law is a subject of ongoing debate.
Law is the system of rules that a country or community recognizes as regulating the actions of its members and can enforce with penalties.

Sources of Law in Sri Lanka

Constitution - The Supreme Law
Statutes - Passed and enforced legislation
Customs - Generally accepted behaviors among members of a social group
Code - e.g. Corporate Governance Code
Regulations - e.g. SEC Regulations
Charters - Internally customized agreed-on virtues

Creation and Execution of Law

Parliament/Legislature – Acts
Local Authorities – By Laws
Courts – Judgements (Case Law)
Executive – Regulations

Types of Law (Liability)

Criminal Law (e.g. Rape, Grave Sexual Abuse, Robbery, Murder, Financial Crimes, Money Laundering, Criminal Breach of Trust)
Sources: Penal Code, supportive legislation (AML Act), procedure laid out in CCP Act.
Civil Law (e.g. Divorce, Land Matters, Debt Recovery)
Sources: Various legislations, procedure in CPC.

Origin of Law in Sri Lanka

King as head of judiciary (e.g. King Kakille, Sri Wickrama Rajasinghe)
Similar to British system (e.g. Battle of Hastings, William the Conqueror)
Portuguese influence - Did not embed their laws
Dutch influence - Roman Dutch Law (Placcarts in 17th Century)
British influence - English Law
Other influences: Kandyan Law, Thesavalamai Law, Muslim Law, Roman Dutch Law, English Law, Kandyan Law, Thesavalamai Law, Muslim Law

Origin of Law in Sri Lanka (Court System)

Supreme Court
Court of Appeal
High Court of Civil Appeal
Provincial High Court
Commercial High Court
District Courts
Magistrates' Court

The Constitution of Sri Lanka

Sovereignty resides in the people and is inalienable.
Sovereignty includes the powers of government, fundamental rights, and the franchise.

Few Important Legal Provisions for General Public

The Sovereignty of the People shall be exercised in the following manner:
Legislative power: Parliament (elected representatives and referendums).
Executive power: President.
Judicial power: Parliament through courts, tribunals, and institutions created and established or recognized by the Constitution.
Fundamental rights (e.g. Freedom of thought, conscience, and religion; freedom from torture; equality before the law; right to a fair trial; freedom of speech and expression; freedom of association; right to return to Sri Lanka).

Penal Code Chapters

Chapters 1-6 are categorized by topic
Pages 1-2 have a list of chapters, sections and page numbers

Other Legislations

Various acts including the Convention on the Suppression of Terrorist Financing Act, the Prevention of Money Laundering Act, the Financial Transactions Reporting Act, Computer Crime Act, and the Code of Criminal Procedure Act.

Civil Legislation

Marriage Registration Ordinance; Partnership Ordinance; Registration of Business Names Act; Companies Act

Law & Business for Entrepreneurs

Types of Businesses: Sole Proprietorships, Partnerships, Companies
Sole Proprietorships: No registration required if the full name of the owner is used for business.
Partnerships: Registration is not required, but it is advised when business capital exceeds LKR 1000.
Companies: Registration required.

Business Registration (Sole & Partnerships)

Obtain relevant application form from Divisional Secretariat Office.
Required documents: application form, report from Grama Niladharee, registration fee
Registration certificate to be displayed at business location.

Company Registration

A company is a legal entity formed by individuals for a commercial or industrial venture.
Application to register a company is filed with the Registrar (with required documents).
A company needs at least two shareholders.

Types of Companies

Limited companies (Public, Private, Listed)
Unlimited companies
Limited by Guarantee companies
Special types: Off-shore, Overseas

Additional laws for Entrepreneurs (Intellectual Property law)

Governing Statute: Intellectual Property Act No. 36 of 2003
Came into effect November 12th, 2003
Promotes national creativity and protects creative efforts.

Employment Law

Wages Board Ordinance
Shop and Office employees' Act
Employment of Women, young Persons and Children Act
Maternity Benefits Ordinance
Workmen's Compensation Ordinance

Main Elements of Employment Law

Minimum age of employment
Minimum wages
Regulation of hours, overtime
Holidays
Meals
Sanitary and Washing Facilities
Maintaining Records
Maternity benefits
Payments
Termination of Employment

Justifiable Causes for Termination

Disciplinary: Misconduct, unsatisfactory performance, persistent absence, abusive behavior, dishonesty, intoxication
Non-Disciplinary: Inefficiency, breach of contract, conviction of an offence

What do I do if terminated?

Employee can seek redress in labor tribunals.
If not satisfied, employees can take the case to civil litigation.

Notice of Termination

No mandatory notice period for individual terminations.
Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 governs specific circumstances related to termination, particularly in cases of retrenchment.
One-month notice period required for employees who have completed one year of service.

State Sector Employees

Rules and regulations followed by government servants are mentioned in the Establishment code (E-code) of Sri Lanka.
Ministry of Public Administration revises circulars.

Q&A Session & Comprehension

Identify and briefly describe four (4) main types of leave entitlements available to an office worker in Sri Lanka.

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Description

Test your knowledge of the Law of Sri Lanka, covering essential laws relevant to entrepreneurs and employment regulations. This quiz explores foundational concepts of law, its importance, and notable historical perspectives. Discover how the legal framework operates within Sri Lankan society.