Facts: Mick, Keith, Charlie, Bill and Brian were directors and equal shareholder of Big Lips Music Pty Ltd. Brian resigned his directorship as a result of differences with Mick, Keith, Bill and Charlie. The others wanted to get rid of Brian as a shareholder. However, Brian told them that he would never sell his shares in Big Lips Music. A general meeting of Big Lips Music’s shareholders is called at which there is a motion to insert a new clause in the company’s constitution that gives Mick, Keith, Bill and Charlie the right to compulsorily acquire Brian’s shares for their issue price. What is the process for inserting a new clause in the company’s constitution? Can Brian prevent the new clause being inserted even thought the others shareholders passed a special resolution that that effect? Required: Student 1 ‐ Advise the other shareholders of Big Lips Music (the Plaintiffs) what is the process for inserting this new clause in the company’s constitution. If they insert this new clause can they acquire Brian’s shares for the issue price? Student 2 ‐ Advise Brian (the Defendant) whether he can prevent the new clause being inserted by the other shareholders and if so how? If he can not prevent it will he have to sell his shares for their issue price? Parties The Majority Mick – Director and shareholder Keith – Director and shareholder Charlie – Director and shareholder Bill – Director and shareholder The Minority Brian – Shareholder Issues…
Issue: the issue about company’s constitution and whether the loan contract between ABC bank and Sambal Pty Ltd is invalid.…
(a) The legal issue is can Delusions of Grandeur Ltd increases the dividend rate for preference shareholders from 7 per cent to 10 per cent immediately?…
Consider comparative advantages and disadvantages of each form of association in the light of facts given.…
This assignment related to the company Gemsales Pty Ltd, which is engaged in the business of importing and supplying jewellery as wholesalers to the local market. Andrew, Brian, Elizabeth, Diana and Colin were the directors of the company. The company decided that the market becoming more competitive so they need to expand its business. To achieve their target they obtained 4 million dollar loan from Friendly Bank Ltd. They spent all the money to increase their business. All the directors of the company not attended the meetings of the company. Brian and Andrew only participate in the meetings actively. At this time Brian contact with another retailer of jewellery company, victor who looking for reliable suppliers. But he would not deal Gemsales Pty Ltd because he didn’t like…
The case Team B chose to study and analyze is Beckman v Match.com. Mary Kay Beckman joined Match.com and dated another Match.com client, Wade Mitchell Ridley, for a short time. Following the break-up Ridley began harassing Beckman by sending threatening text messages. The harassment escalated to violence and resulted in Ridley attacking Beckman in her home, repeatedly stabbing and kicking her. Beckman was seriously injured and hospitalized and ultimately filed a lawsuit against Match.com, claiming five causes of action including one federal law claim for deceptive trade practices (Yip, 2013). The team studied the legal concepts of the case and how they can be applied within a business managerial setting.…
1. Estimate the cost of equity appropriate for the evaluation of the incremental cash flows associated with the Collinsville investment. Estimate the weighted average cost of capital appropriate for discounting the Collinsville plant’s incremental cash flows…
COMPARISON OF THE FORMS OF BUSINESS ORGANISATIONS Definition Sole-Proprietorship A business owned by one person Partnership An association of two or more persons carrying on business in common with a view to profit Limited Partnership (LP)…
This is the doctrine to the effect that the separate personality of a corporation may be disregarded if such entity is used to defeat public convenience, justify wrong, protect fraud, or defend crime…
Representations: statements of facts that are made by one party before or at the time of making a contract to induce an offeree to enter the contract. *Do not form part of the contract, not actionable at contract law…
Por democracia moderna comprendemos a la forma de gobierno o de organizar el poder político en el que lo decisivo o lo importante es que el pueblo no sólo es el objetivo de gobierno; sino que también el sujeto que gobierna. El principio constitutivo de la democracia moderna es la soberanía popular, el pueblo es la fuente única y legítima de poder. También es el conjunto de procedimientos encargados de hacer viable el principio fundamental de la soberanía popular; es un procedimiento no una solución a los problemas de la sociedad.…
Resumo: Enquanto concepções liberais redistributivas buscam corrigir e compensar as injustiças do passado, recorrendo a argumentos procedimentais reparativos em favor da justiça corretiva, os argumentos comunitaristas embasados no reconhecimento tendem a promover por meio de movimentos e lutas sociais pelo reconhecimento uma sociedade livre de preconceitos e desrespeito. Em sociedades democráticas em desenvolvimento, como o Brasil, a contribuição de Axel Honneth para os debates em curso sobre a Ação Afirmativa tem sido evocada, confirmando que a dialética do reconhecimento não se limita a procurar uma solução teórica para as…
Mr. Jarvis was a solicitor for Barking Council. He chose to go for Christmas holiday in Switzerland. He got a brochure from Swan Tours Ltd, which for Mörlialp, Giswil said the attractions were,…
The second major advantage is the share of the company allow for transfer and expansion.…
1. ¿Qué es una organización que aprende?, ¿Por qué este concepto es tan importante para la calidad total?…