Directors’ Duties 2 Preparation: Read: Jason Harris‚ Anil Hargovan and Michael Adams‚ Australian Corporate Law (LexisNexis‚ 4th ed‚ 2013) Chapters 15‚ 16 Questions/Activities: 1. What is meant by good faith? 2. What are the company’s interests? 3. What are proper purposes? 4. How does a court resolve the purpose for which a power has been exercised where a director has more than one purpose? 5. (Seminar Problem) A tsunami hits the west coast of Java. The board of directors of a large
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There are few types of directors a company may have. Managing director or chief executive officer is appointed in many companies. He is put in charge of managing the company’s daily business. A managing director may be conferred with any of the powers that the directors can exercise. He also performs a vital role in large companies because of the scale of the company’s business it is usually impractical for the board to actively carry out daily management and so it delegates its management function
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STUDIES DEPARTMENT : FINANCE COURSE : COMPANY LAW 2 CIN 2206 LECTURER : MR MAKUYANA QUESTION “By becoming a shareholder in a company‚ a person undertakes by his contract to be bound by the decisions of the prescribed majority of shareholders‚ if those decisions on the affairs of the company are arrived at in accordance with the law‚ even when they adversely affect his own rights as a shareholder
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5. Director’s Duties Director’s Duties are part of the idea of risk management; because they take risks all the time‚ they require a certain element of regulation. The law must provide a way of mitigating against the risk‚ so creditors and shareholders can have potential recourse. This is all done indirectly; the company will recover in the event of a breach of duty arising. If the company recovers and suffers no harm‚ then that protects shareholders and makes sure their investments are secure.
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❖ S 9: “Officer” includes directors‚ secretaries‚ receivers‚ administrators‚ liquidators‚ administrating trustees. ❖ S 9: “Director” includes shadow & de facto directors. enforcement of directors’ duties enforcement of statutory duties Civil penalties Who may apply for a Declaration or Order? ❖ S 1317J(1): ASIC may apply for a declaration of contravention‚ a pecuniary penalty order or a compensation order. ❖ S 1317J(2): The company may apply for a compensation order. ❖
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decisions. The board of directors is a major mechanisms used to solve agency problem‚ which arises when the management and ownership is separated in the company. The board of directors is an internal control mechanism to make sure the company’s decision making is align with the interest of shareholders. In US and UK‚ in order to improve the effectiveness of corporate governance‚ both internal control and external control mechanism has been applied. The active market for corporate control in these countries
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Project Part 1 Task 1 Draft Risk Management Plan Ernest Martinez Jr. C. Flack IS3110 October 22‚ 2012 Purpose The Senior Management of the Defense Logistics Information Services (DLIS) has decided to update the previous risk management plan with a developing‚ new risk management plan. This new risk management plan will not only minimize the amount of risk for future endeavors‚ but will also be in compliance with regulations such as the Federal Information Security Management Act (FISMA)
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Regulatory Complaints Summary Marriage and Family Regulatory Complaints Summary Members from team b will critique four cases dealing with ethical violations.in order to establish boundaries. Scope of practice through risk strategies and competence‚ scope of practice‚ strategies will be analyzed and applied to the following scenarios. The specific ethical standards that were violated will also be included in regards to each case. Case One Discussion Case one is about a therapist who treated
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Introduction Our assigned topic deals with a phenomenon that has taken the corporate world by storm rather recently‚ particularly in Pakistan. It entails the dilemma that every corporation faces when they have to make decisions regarding the firm’s profitability and their corporation’s social responsibility. The term "corporate social responsibility" came into common use in the late 1960s and early 1970s after many multinational corporations formed the term stakeholder‚ meaning those on whom an
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ACW 204/3 COMPANY LAW AND SECRETERIAL PRACTICES SEMESTER 1 ACADEMIC SESSION 2012/2013 LECTURER: DR. HAZRIL IZWAR IBRAHIM PREPARED BY: NAME MATRIC NO. CHEE HUI JUN 114071 GOH XIAO YUING 111912 KOK JE SEN 111919 LEE CHIA YEE 111921 TOH SHER LYNN 111987 YEOH LI YEN 111996 1. “Incorporation is the bedrock upon which Company Law is built.” Incorporation means the process of legally declaring a corporate entity as separate entity from its owners. Incorporation
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