City University of Hong Kong School of Law LW3902 The Law Relating to Companies Mid-Semester Coursework Assignment Semester B‚ 2010/2011 Instructions to Students: 1. The assignment is worth 50% of the overall mark for this course. The total word limit is 2‚000 words‚ excluding footnotes and bibliography. You must do a word count and indicate the number of words on the cover page. If a paper exceeds the allowable word limit‚ only the first 2‚000 words will be read and marked. You must type the answers
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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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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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invested large amount in producing a range of products for supermarkets. The company is facing financial difficulties due to unsuccessful. In that situation director fear the company may now be insolvent. The accountant now wants to understand the issues surrounding insolvency. According to Brown Bothers current situation it has been recommended to their director to follow the following issues. Insolvency A company which is insolvent may be put into liquidation sometimes referred to as winding-up
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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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City University of Hong Kong School of Law LW3902 The Law Relating to Companies Mid-Semester Coursework Assignment Semester B‚ 2012/2013 Instructions to Students: 1. The assignment is worth 50% of the overall mark for this course. The total word limit is 1‚500 words‚ excluding footnotes and bibliography. You must do a word count and indicate the number of words on the cover page. If a paper exceeds the allowable word limit‚ only the first 1‚500 words will be read and marked. 2. Your answers must
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(10 points each) 1. The Blowout Company is a German corporation and manufacturer of the California Custom tire‚ a tire that is compatible with Harley Davidson motorcycles manufactured in the United States. Tofu Granola‚ a resident of Santa Cruz‚ California‚ purchased a pair of California Custom tires for his Harley. Granola purchased the tires from Goodstone Tires‚ Inc.‚ a California corporation‚ at its store in Half Moon Bay‚ California. The Blowout Company and Goodstone provided assistance
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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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Question 1 James runs a single director proprietary company called Jamboos Pty Ltd a) Explain the rules that Jamboos must operate under and James’ powers under the Corporations Act. In Corporations Act‚ S198E‚ 201F and 202C contain certain provisions that govern the operation of single director companies. These provisions apply whether or not the single shareholder company has adopted a constitution which include: The director may appoint another director by recording the appointment and signing
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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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