information: s 157(2) Financial assistance to director-related companies: s163 Directors remuneration and benefits: s168‚169&172 Interested persons transactions: SGX Listing Manual Section 156 disclosures: s156(1)&(5) Duty to retain discretions Duty to avoid conflicts of interests Duty to use powers for a proper purpose Duty to act in good faith in the interests of the company Liability for fraudulent trading: s 340(1) General law Duties Loyalty and good faith THE DUTIES Care and
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1. (A) : Agent: An agent stands in a fiduciary relationship with the principal. According to Doolan (1981)‚ an agent must not allow a situation to occur duty to the principal conflicts with personal interest and he/she must act in good faith also. As has been argued‚ Doolan (1981) states that an agent is authorized by the principal to perform certain acts‚ for and on behlaf of the principal. According to Doolan (1981)‚ an agent is never required to perform an illegal act. The agent is not liable
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LAND LAW INTRODUCTION REVISION NOTES What is land? Law of Property Act 1925 s.205 (1)(ix) Land includes land of any tenure‚ and mines and minerals‚ whether or not held apart from the surface‚ buildings or parts of buildings (whether the division is horizontal‚ vertical or made in any other way) and other corporeal hereditaments; also a manor‚ an advowson‚ and a rent and other incorporeal hereditaments‚ and an easement‚ right‚ privilege‚ or benefit in‚ over‚ or derived from the land Law
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which the Court can order that a company be wound up compulsorily. B.H McPherson defines winding-up as a process whereby the assets of a company are collected and realised‚ the resulting proceeds are applied in discharging all its debts and liabilities‚ and any balance which remained after paying the cost and expense of winding-up is distributed among the members according to their rights and interests or otherwise dealt with as the constitution of the company directs. S213 of the 1963 Act sections
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LAWS2301 | Take Home Assignment | Sandy Goh (20806534) *Note: Unless otherwise mentioned‚ all sections mentioned in this essay are from the Corporations Act1. PART A (i) – whether Monica/ GE will be liable Under s12.1(1) of the Criminal Code Act2 (CCA) criminal liability may be imposed on GE due to Monica’s actions. A criminal offence consists of physical elements and fault elements (s3.1 CCA). The physical element is attributed to GE (s12.2 CCA) as Monica‚ who is a defacto Managing Director
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corporation 2. Outline the development of company law in England and Australia 3. List the various types of corporation 4. Describe the Corporations Law scheme. 5. Outline the recent reform of company law in Australia 6. Explain the need for the introduction of the Corporations Act 2001 Chapter 1 Historical Development of Company Law Chapter Summary 1 THE CONCEPT OF THE CORPORATION A corporation is a body created by law‚ with its own legal status‚ and continues to
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Indian Contract Act‚ 1872. The law relating to contracts in India is contained in the Indian Contract Act‚ 1872. It extends to the whole of India except the State of Jammu and Kashmir from the first day of September‚ 1872. The Act deals with the general principles of the law of contract and some special contracts. The first six chapters of the Act deal with general principles of contracts. Essentials of a Valid Contract (All Contracts are Agreements but all Agreements are not Contracts)
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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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On a proper interpretation of the case law of the European Court of Justice‚ there can be no doubt that the real seat theory is dead throughout the EU Discuss. Since the Treaty of Rome entered in force in 1958‚ companies were allowed to be formed across the EU benefit from the basic right of the freedom of establishment. The principle of freedom of establishment set out in Article 49 (ex Article 43 TEC) enables an economic company to operate an activity in one or more Member States. At present
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Unit 1D5: Pursuing ‘Life and Liberty’ Introduction – The political structure of the USA To appreciate fully the events that are studied in this unit‚ it is important to have a grasp on some of the key features of the American political system. This had been set up in the late eighteenth century through the Constitution. Three branches of government were set up. These were the Executive‚ the Legislature and the Judiciary. They were to operate at both state and federal (national) level. At federal
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