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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Faculty of Business and Management BBUS2103 Company Law January 2013 Companies Act 1965 Section 181: Member’s Remedy Name: Mohd Afiq bin Sahar NRIC No: 871226-43-5677 Matric No: 871226435677001 Pages 1. Introduction………………………………………………………………………….3 2. Example of oppressive‚ disregard of members’ interest and unfairly prejudicial or unfairly discriminatory conduct………………………………………5 Diversion of corporate assets or opportunity………………………………...5 Diversion of profits.…………………………………………………………
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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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mendelsohn@hud.ac.uk • • • • • Corporate personality Artificial‚ separate legal personality Registration at Companies House Limited liability Salomon • Issues arising from separate‚ artificial legal personality A. PROMOTERS • Background • Definition - no statutory definition - 2 common law definitions • Twycross v Grant (1877) 2 CPD – someone who “undertakes to form a company with reference to a given project‚ and to set it going and… takes the necessary steps to accomplish that purpose”
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Company Law 1) Explain the background to the case Salomon vs. Salomon. Mr. Salomon was a leather merchant in a large establishment. Solomon converted his business into a limited company as Solomon and Company limited with his wife and five children becoming members. Each member took one £1 share each. The company bought the business for £39‚000. Mr. Salomon subscribed for 20‚000 further shares. The company also gave Salomon £10‚000 in debentures (i.e. Salomon gave the company a £10‚000 loan
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Year 12 UNIT 2 (British History) Topic D2: Britain and the Nationalist Challenge in India 1900-47 MOCK REVISION LIST 2012 The main focus of this option is on the changing relationship between Britain and India in this period and on the reasons for this‚ with particular reference to Indian nationalism. Students will be expected to understand the importance of the growth and impact of Congress and the Muslim League as they challenged Britain’s traditional role in India‚ and they should understand
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of a company. And the common law has extended the scope of “promoter” further in Tracy v Mandalay Pty Ltd (1953) 88 CLR 215. In this case‚ the High Court held that the promoters are not just these persons who take an active part in the formation process‚ but also these who profits from the operation of the company with a passive role. Applying this doctrine to the case study‚ Alicia can be regarded as one of the promoters of Batco Ltd‚ since she had involved in the formation of the company and
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cancelled only by special resolution of the company and: (c) by special resolution passed at a meeting: (i) for a company with a share capital of the class of members holding shares in the class… (d) with the written consent of members with at least 75% of the votes in the class.” (Tony & Christopher 2009) It would seem that the Company has the special resolution about the preference shares’ rights. By reliance on the assumption in s246B (2)‚ the Company will cannot increase the dividend rate for
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MATERIALS REVOLUTION UNIT REVISION BOOKLET Vikram Mahal How To Use this Booklet: This booklet has been created by addressing all the points on the OCR B salters specification for the section‚ what’s in medicine. I advise reading through the Book‚ highlighting or underlining words written in ALL CAPITALS. I also suggest making a spider diagram or mind map to summarise key points and help the information here stick in your mind. You could also draw your own images by points on this
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The Great Gatsby Revision Notes Contents 1. Background 2. Setting 3. Characters 4. Narration 5. Themes 6. Symbolism 7. Imagery 1. Background Economic extremes The early part of the 1920s was a time of economic boom for the United States. Their industries had supplied the war in Europe‚ generating enormous profits. The automobile industry and those related to it‚ such as the oil companies‚ were expanding very rapidly. In The Great Gatsby‚ we are
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