科廷大學澳洲會計法碩士課程essay：Fundamentals of Business and Corporations Law

 

Duration:You are required to attempt a take home problem questions test, from 5pmFriday 11th May to 5pm Saturday 12th May. The take home test requires you to write an answer to the problem questions dealing with material from Lectures 7, 8, and 9 of the semester program. The take home test will be posted on the unit website by 5pm Friday 11th May WST. The test must be submitted through Blackboard before 5pm Saturday 12th May WST. Marks will be deducted for late submission.

 

You will not be awarded marks for copying directly from any textbook or legislation. 

 

The take home test has a word limit of 1500 words and it must be typed/word processed unless prior agreement has been obtained from your tutor.  The take home test will not be assessed if it exceeds 2000words. Please ensure that you have checked the document for spelling and grammar before submission. 

 

The take home test MUST be submitted ELECTRONICALLY.

 

Please observe the following requirements:

Font: - Times or similar font - no smaller than 12 point in size

Spacing: - 1.5 line spacing, and appropriate paragraph spacing

Margin: - at least 2.5cm on the top, left, right & bottom 

Pages: - Numbered in top or bottom margin

Paper: - A4 size paper

 

The take home test must be accompanied with the cover sheet provided with the test and must be received by 5pm WST Saturday 12th May.

 

Once you are satisfied that your take home test is ready for submission, you should save it with a filename as below:

Student ID_FirstnameLastname.doc

For example: 12345678_JohnSmith.doc or 12345678TakehometestJohnSmith.doc

 

It is important that you don’t include characters other than your student number, underscores and your student name.This means do not include characters such as * or / or ANY SPACES IN THE FILE NAME. 

 

Please ensure that you click on the submit button to upload your take home test.#p#分頁標題#e#

 

Failure to submit the take home test by the due date may result in a zero mark for that part of the assessment.

 

Total Marks: 25 Marks comprising 25% of the final subject grade.

 

QUESTION 1

 

Susan and Rebecca have been experimenting for the past 10 years and have discovered certain minerals, when used in fabrics makes it wrinkle free.   They are thinking of incorporating a company whereby they could mine the minerals and manufacture and market wrinkle free fabrics.

They have completed a marketing study and have discovered that the textile industry would be highly interested in this type of fabric for men’s and women’s clothing. Together they have $200,000 and will require a further $1.3 million to purchase equipment and set the company up. Susan and Rebecca are considering getting a loan from the bank for $300,000 and the remainder $1 million from issuing shares once the company has been registered. 蘇珊和麗貝卡在過去的10年里一直在嘗試，并已發現某些礦物質，在面料中使用時，無皺。他們正在考慮納入公司，使他們可以開采的礦物質，制造和市場無皺織物。

他們已經完成了營銷研究，在這種類型的男子和婦女的服裝面料，紡織行業將是非常有興趣的。他們一起有$200,000，將需要進一步的130萬美元購買設備。蘇珊和麗貝卡正在考慮從銀行獲得貸款300,000美元，其余的100萬美元一旦公司發行股份已登記。

 

Susan and Rebecca would like to keep the affairs of the company private and confidential. Susan would like to be the managing director and Rebecca would like to be the development and marketing director. They would also like to have a constitution with the following clauses:

 

• An objects clause stating that the company’s business is to be restricted tomining minerals and manufacture and sale of wrinkle free fabrics. 

 

• Any contracts over $25,000 require the approval and signature of the managing director.

Susan and Rebecca have some legal issues that need to be addressed before they canset up the company with a constitution. 

 

With reference to the Corporations Act and case law Susan and Rebecca would like you to investigate the following legal issues:

一個對象的條款說明，該公司的業務是要的限制tomining礦物質和無皺織物的制造及銷售。

 

任何超過25,000美元的合同，要求董事總經理的批準和簽字。

蘇珊和麗貝卡有一些CANSET公司與憲法法律問題需要解決。#p#分頁標題#e#

 

參照公司法和判例法蘇珊和麗貝卡想去調查以下法律問題：

 

1. The type and class of company that will best suit Susan and Rebecca.

 

2. The impact of managers entering into contracts over $25,000 without the approval and signature of the managing director. 

 

3. Whether Susan and Rebecca can expand the business by making women’s clothing by using the wrinkle free fabrics.  

Required:

With reference to the Corporations Act 2001 (Cth) and case law, advise Susan and Rebecca of the outcome of your investigation of the above legal issues. 

[25 marks]