Company law tutorial question year 3 Semester1. 1."Under the ordinary rules of law‚ a present company and a subsidiary company‚ even a 100 per cent subsidiary company‚ are distinct legal entities and in the absence of an agency contract between the two companies‚ one cannot be said to be the agent of the other. This seems to be clearly established by the rule in Salomon v. A. Salomon &
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Question 1. [Section 126] stated that a company is allow to contract through an agent and a company will be bound by the acts of its agents in the same way as any other principal. An agent’s acts bind the company into a contract with an outsider when rules of agency law applied. In this case an agent’s apparent or ostensible authority arise. This authority arise because when the receptionist represents Harry out to Micky and Harry did not specify that he wasn’t the factory manager‚ given Micky
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This question involves the rights and duties of the members in their dealings with each other and with the company. The articles of association are the primary source of the provisions determining these internal relationships‚ and they will form the basis of this question and also be combined with aspects of directors’ duties‚ variation of class rights and s459 of the Companies Act 1985. I will split the issues that arise in this question into two parts. The first part would be to deal with Sheila
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UNITED INTERNATIONAL COLLEGE COMPANY LAW 2014 WEEKLY ASSIGNMENT 5 ANSWER Introduction The instant case concerns meetings and resolutions. The central issues are: 1. Was the board meeting of December 31‚ 2013 validly held? 2. Was the resolution passed at that meeting a valid one? 3. What should Bud do to convene an extraordinary general meeting? Board Meeting of December 31‚ 2013 At the outset‚ it must be emphasized that the validity of a meeting hinges on a number of factors: 1. whether
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Q1. At the beginning‚ in this case‚ we may identify two issues needed to be discussed. The first one is whether Kwan or Lau&Kwan Co. would be liable for the debt incurred by Lau. The second issue is whether Lau&Kwan Co. has established a place of business in Hong Kong. In the light of s.7 of the Partnership Ordinance‚ “acts of every partner‚ who does any act for carrying on in the usual way business of the kind carried on by the firm‚ bind the firm and his partners‚ unless the partner
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PROBLEM SOLVING QUESTIONS (4 points per question) 1. Below are the 2007 and 2008 year-end balance sheets for Tran Enterprises: Assets: 2008 2007 Cash $ 200‚000 $ 170‚000 Accounts receivable 864‚000 700‚000 Inventories 2‚000‚000 1‚400‚000 Total current assets $3‚064‚000 $2‚270‚000 Net fixed assets 6‚000‚000 5‚600‚000 Total assets $9‚064‚000 $7‚870‚000 Liabilities and equity: Accounts payable $1‚400‚000 $1‚090‚000 Notes payable 1‚600‚000 1‚800‚000 Total current liabilities
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‘exercised due diligence to prevent’ (s12.3(3) CCA) the bribe and thus‚ s12.3(2)(b) CCA will apply. In Lennards3‚ the court ruled that the director’s knowledge attributed to the company. This means that GE will be liable for the bribe. As GE is not a physical being‚ s4B of the Crimes Act4 states that instead of imprisonment‚ the company pays a fine as penalty.
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COMPANY LAW – EXAM NOTES Incorporation and Its Effects S117 - All companies must register with ASIC S118 – All companies must have a Number S119 – Once the company is registered with ASIC‚ the company has a separate legal existence. Separate Legal Entity The separate legal entity notion is shown in Salomon v Salomon where a company shareholder is limited to the amount of share capital they have contributed and they can not be held personally liable for the dealings of the company. This notion of
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Dignam & Lowry‚ Company Law‚ 5th edition (2009)* ** • Hicks & Goo’s Cases and Materials on Company Law‚ 7th edition 2011** • Mayson‚ French and Ryan on Company Law‚ 26th edition (2010) • Bourne on Company Law‚ 5th edition * Dignam & Lowry‚ Company Law‚ 6th edition (2012) may be published August 2012 ** These books will be used as the module readers Additional reading: The latest editions of: • Gower and Davies’ Principles of Modern Company Law‚ Even if you do
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Note: It is recommended that you save your response as you complete each question. Question 1 (5 points) James believes our system of free enterprise is the best‚ even though businesses are not exactly trying to do nice things to competitors‚ because the end result is that consumers get better products. "Hey‚ even though what the businesses are doing is kind of cruel‚ the ultimate outcome is for the good—what could be wrong with that?" Chris disagrees with James: "No way will you’ll get me to go
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