Issue: the issue about company’s constitution and whether the loan contract between ABC bank and Sambal Pty Ltd is invalid.…
(a) The legal issue is can Delusions of Grandeur Ltd increases the dividend rate for preference shareholders from 7 per cent to 10 per cent immediately?…
Consider comparative advantages and disadvantages of each form of association in the light of facts given.…
The case Team B chose to study and analyze is Beckman v Match.com. Mary Kay Beckman joined Match.com and dated another Match.com client, Wade Mitchell Ridley, for a short time. Following the break-up Ridley began harassing Beckman by sending threatening text messages. The harassment escalated to violence and resulted in Ridley attacking Beckman in her home, repeatedly stabbing and kicking her. Beckman was seriously injured and hospitalized and ultimately filed a lawsuit against Match.com, claiming five causes of action including one federal law claim for deceptive trade practices (Yip, 2013). The team studied the legal concepts of the case and how they can be applied within a business managerial setting.…
Facts: Mick, Keith, Charlie, Bill and Brian were directors and equal shareholder of Big Lips Music Pty Ltd. Brian resigned his directorship as a result of differences with Mick, Keith, Bill and Charlie. The others wanted to get rid of Brian as a shareholder. However, Brian told them that he would never sell his shares in Big Lips Music. A general meeting of Big Lips Music’s shareholders is called at which there is a motion to insert a new clause in the company’s constitution that gives Mick, Keith, Bill and Charlie the right to compulsorily acquire Brian’s shares for their issue price. What is the process for inserting a new clause in the company’s constitution? Can Brian prevent the new clause being inserted even thought the others shareholders passed a special resolution that that effect? Required: Student 1 ‐ Advise the other shareholders of Big Lips Music (the Plaintiffs) what is the process for inserting this new clause in the company’s constitution. If they insert this new clause can they acquire Brian’s shares for the issue price? Student 2 ‐ Advise Brian (the Defendant) whether he can prevent the new clause being inserted by the other shareholders and if so how? If he can not prevent it will he have to sell his shares for their issue price? Parties The Majority Mick – Director and shareholder Keith – Director and shareholder Charlie – Director and shareholder Bill – Director and shareholder The Minority Brian – Shareholder Issues…
COMPARISON OF THE FORMS OF BUSINESS ORGANISATIONS Definition Sole-Proprietorship A business owned by one person Partnership An association of two or more persons carrying on business in common with a view to profit Limited Partnership (LP)…
The information revolution and the advances in technology during the past decades has brought to fore many challenges and issues to both governments and businesses, the age-old crime of espionage or the practice of spying to gather secret information is one the most potential issues facing information-based societies. Although, much has been documented as fact and fiction concerning the traditional foreign agents and spies, in today 's world of multi-national, multi-billion dollar corporations, and industrial espionage is a growing danger. Furthermore, this is aggravated by the fact that many large businesses are physically disseminated which has distributed management and administration, and more job specialization.…
Mr. Jarvis was a solicitor for Barking Council. He chose to go for Christmas holiday in Switzerland. He got a brochure from Swan Tours Ltd, which for Mörlialp, Giswil said the attractions were,…
The issue here is whether john could prevail in court by alleging the he was breach the contract with Diamond Car Sales, does he should stop his trading. This essay will apply law theory and precedent cases to distinguish john case. The principle of corporate entity was established in the case of Salomon v A. Salomon, now referred to as the 'Salomon' principle…
Resumo: Enquanto concepções liberais redistributivas buscam corrigir e compensar as injustiças do passado, recorrendo a argumentos procedimentais reparativos em favor da justiça corretiva, os argumentos comunitaristas embasados no reconhecimento tendem a promover por meio de movimentos e lutas sociais pelo reconhecimento uma sociedade livre de preconceitos e desrespeito. Em sociedades democráticas em desenvolvimento, como o Brasil, a contribuição de Axel Honneth para os debates em curso sobre a Ação Afirmativa tem sido evocada, confirmando que a dialética do reconhecimento não se limita a procurar uma solução teórica para as…
As attorney on behalf Caca and Maba, I will tell them the legal effects of incorporation will provide advantages and disadvantages as below:…
Toda organización, pública o privada, tiene unos objetivos y unas metas que alcanzar, para lo cual es necesario hacer una planeación en donde la estructura organizacional y la estrategia de desarrollo se encuentren alineadas. Adicionalmente, las organizaciones están en constante cambio con el fin de mantenerse competitivas. No necesariamente se cambian todos sus elementos al mismo tiempo, pero todos están interrelacionados (basado en el principio que la organización es un sistema) y es por ello que se deben modificar las conexiones entre las diferentes partes de la organización, para lo cual, es muy importante tener una estructura bien definida y alineada con la estrategia de desarrollo.…
El conflicto en el ámbito laboral está representado por las situaciones o momentos en los que un grupo de personas pertenecientes a una organización mantienen posiciones o criterios contrarios entre sí, pudiendo acabar esto en un resultado desfavorable e indeseable en cuanto a la eficacia y efectividad de la actividad organizacional.…
A company is a legal entity that is separate and distinct from its members and shareholders. When a company is legally formed, it has become ‘incorporated’ (Wild and Weinstein, 2009). As a legal person, a company must act in compliance with existing laws and in accordance with the terms of its constitution. Section 33 (1) of the CA 2006 provides:…
(a) The courts usually do not look behind ‘the veil’ to inquire why the company was formed or who really controls it. However, in some situations the veil is pierced so as to render officers criminally liable for their company’s breaches of the Act. Explain clearly statutory exceptions where the court would lift the veil of incorporation.…