Was the notice given in sufficient time? Is it valid that company secretary does not allow some of the corporate representatives and proxy holders to vote? Law: At least 21 days’ notice of shareholders’ meeting is required. However‚ for listed companies this is 28 days. (S249H) Irregularities may occur where the constitution or Corporations Act were not followed. For example‚ if a meeting is not validly called the meeting may be subject to a procedural irregularity. The relevant notice provisions
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“A company or a corporation is an ‘artificial person’ created by law.” Discuss. Introduction A company or a corporation is an artificial person not natural person. Artificial person are such as are created and devised by human laws for the purpose of society and government which are called corporation. Such artificial persons‚ known as corporation‚ possess similar rights and owe similar obligation as natural person‚ but have no physical or natural existence. The law in creating legal persons always
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CLAW 2201 Corporations Law Assignment Introduction The Corporations Act[1] neither codifies nor excludes rulings at common law in relation to a company’s dealings with outsiders.[2] This means that in advising TV Treats of their contractual obligations‚ consideration need be paid to both common law and statutory positions. While there is some overlap between the two‚ inconsistencies between sources of law can result‚ leaving legislation to take precedence. A. Authority of a Company Secretary
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created by a special law and was enacted by virtue of Act 2705 in order to develop a coal industry. It was engaged in coal mining on reserved lands belonging to the government. The National Coal Co.(NCC) filed a case against the CIR for the recovery of sum of money it paid on protest as specific tax on 24‚089 tons of coals claiming exemption to tax pursuant to Sec. 14 and 15 of Act 2719. Issue: Whether or not NCC is a private corporation? Held: Plaintiff is a private corporation. The mere fact that
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Assignment Corporation Law (CLW 3100) Name: Phuong Thao‚ Nguyen Student ID :121946 Introduction: This case is related to the director’s duties. According to the Corporation Act‚ five directors of De-Caffeine Delights have breached their duties as directors. There are 5 issues in this case: 1.Costa‚ De-Caffeine’s CFO reported wrong financial status and other directors‚ Elliot‚ Chloe and Raj‚ didn’t read financial report carefully. 2. The board decided to pursue an aggressive marketing campaign
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liability of the shareholders. However‚ under certain circumstances the corporate entity may be disregarded. This is also known as piercing the corporate veil and is the most frequent method for holding the shareholders liable for the acts of a corporation. Corporate officers‚ directors and controlling shareholders have a general fiduciary duty of loyalty and care which should govern all their corporate conduct. Unless they breach that duty by gross negligence or acts in bad faith‚ they usually will
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Corporation – A separate legal entity that has an existence at law that is separable from those who form it. It is a separate legal entity in the sense that it has an existence at law‚ but no material existence. * It is separate and distinct from its shareholders * A properly authorized agent may bind the corporation in contract with third parties. * Shareholders possess limited liability for the debts of the corporation‚ and creditors may look only to the assets of the corporation to
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You are required to prepare an investigative report on a recent corporate scandal that involved improper accounting practices or any form of financial scandal. Your report must include the following: an overview of the corporation a description of the scandal methodology - explaining the specific accounting impropriety that the company used. an explanation of how the firm managed to hide their accounting improprieties a discussion of who the scandal effected - both inside‚ and outside
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Reaction Essay: The Corporation The documentary The Corporation‚ directed by Jennifer Abbott and Mark Achbar and produced in 2004‚ although bias‚ opens many doors for discussion in regard to capitalism and the role of corporations in our lives. I found the documentary to be presented professionally‚ and filled with legitimate facts more so than extreme opinion. The documentary truly outlines the "all-pervasive" role the corporation has taken as the "world’s dominant institution". The film opens
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Contract law • Tax law • Accountng • Securites law • Bancruptcy • Intellectal property rights • Licensing • Zoning laws • And the specific to the business of the corporaton that they work for … COMMERCIAL TRANSACTION • Commercial transacton • An interacton between two or more partes in which goods‚ services or something of value is exchanged for some type of remuneraton. Some aspects of commercial transactons‚ such as truthful representaton and contract provisions‚ are governed by law. Remuneraton
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