the loan contract between ABC bank and Sambal Pty Ltd is invalid. State the law: Section 140 of the corporations act states that: “A company’s constitution (if any) and any replaceable rules that apple to the company have effect as a contract: (a) Between the company and each member; and (b) Between the company and each director and company secretary; and (c) Between a member and each other member; Apply the law: According to section 140‚ a company’s constitution is only an internal governance
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[Type the document title] [Type the document subtitle] [Pick the date] [Type the company name] Khan QUESTION On 1 October‚ Buyer saw a courier van with a FOR SALE sign that included a telephone number and a price of "$25‚000 cash." That night‚ Buyer called Seller. Buyer explained that he would have to borrow the money but could get it next week. Seller provided his address to Buyer and told Buyer‚ "If you want the van‚ mail me a cheque for $5000. Pay the balance by1 November." Later
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Introduction The issues in the case of ‘Hawthorn Blood Supplies Co Ltd’‚ which is a listed company on Australian Securities Exchange (ASX)‚ are concerned protection of shareholder’s and creditor’s interests. We will identify possible legal issues in the relation to the Corporation Act 2001 and discuss whether they have been any breaches of relevant common law rules and statutory provisions in relation to ‘capital maintenance’‚ ‘share buy-backs’‚ financial assistance’ and ‘payment of dividends’.
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running the business gives the business a lot more flexibility about how to operate compare to sole traders. The second major advantage is the low administration requirements compare to form a company. Disadvantages The first major disadvantage is for partnership there are unlimited liability for Andy and Zara. The second major disadvantage is there is no separation between Andy and Zara to manage and control the business. ii) Advantages: The first major advantage is the company has limited
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COMPANY LAW ISSUE 1 MAIN ISSUE; Danny‚ who is one of the directors‚ doesn’t hold any shares at all in the company. LAW; Section 124 talks about “Qualification of Director” Section 124 (1) states that “Without affecting the operation of any of the preceding provisions of this Division‚ every director‚ who is by the articles required to hold a specified share qualification and who is not already qualified‚ shall obtain his qualification within two months after his appointment or such
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BUS203 Company Law and Corporate Governance Assignment 2 - Group-Based Assignment July 2012 Presentation BUS203 Group-based Assignment Group-based Assignment This assignment is worth 30% of the final mark for BUS203 Company Law and Corporate Governance. The cut-off date for this assignment is 14 October 2012‚ 2359 hrs. This is a group-based assignment. You should form a group of 3 members from your seminar group. Each group is required to upload a single report to MyUniSIM via
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CURTIN COLLEGE BUSINESS LAW 1100 ASSIGNMENT TWO (30%) Part A - Four step process The case study which students are required to resolve using the four step process is set out below. Students are required to apply the relevant legal concepts and principles to analyse and solve the legal issues arising in the case study by explaining and applying their knowledge of the legal principles and rules arising in Australian legal system: topic four to five inclusive. Please note also that
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to be in the best interests of the company both subjectively and objectively. The statutory remedy for disadvantaged shareholders‚ s 459‚ may provide a remedy for H‚ but the courts have set their face against using the section to provide a remedy for shareholders who object to the board’s bona fide actions if they do not impinge upon the ‘legitimate expectations’ of the shareholder; see‚ for example‚ Re A Company (No 002567 of 1982) (1983)‚ the wine bar case mentioned above‚ and Re Saul Harrison
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remedy when there is no available remedy at law. Deals with fairness in justice‚ usually stemming from natural law. Injunctions‚ court orders‚ restraining order. Civil action. * Court of Law – “black letter law” you did or did not do something. * Legal action – action typically for money damages such as a tort or breach of contract action. Criminal charges. Sources of Contemporary Law * United States Constitution – supreme law of the land. Any law that conflicts with it is void.
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ASIAN CASE RESEARCH JOURNAL‚ VOL. 8‚ ISSUE 2‚ 187– 213 (2004) ACRJ Diecraft Australia This case was prepared by Associate Professor Kannan Sethuraman and Visiting Professor Devanath Tirupati of the Melbourne Business School as a basis for classroom discussion rather than to illustrate either effective or ineffective handling of an administrative or business situation. Please address all correspondence to: Associate Professor Kannan Sethuraman‚ Melbourne Business School‚ Carlton‚ Australia‚ Vic
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