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A system of practices, rules and processes, which are used by the companies for being directed and controlled, is the best manner of defining corporate governance. Corporate governance helps in balancing of the stakeholder interests and this is not just for a single stakeholder group, but for all the stakeholder groups, which include customers, suppliers, shareholders, government and the like (Calder, 2008). The Australian Stock Exchan...
Corporate governance is defined as a system that directs and exercise control over the companies. The Board of Directors is accountable for governing the companies. The shareholders of the companies play a significant role in appointing auditors and directors of the company to their satisfaction of an appropriate organizations structure in place. The board of the company is responsible for establishing the strategic aims ...
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1. What is governing document of a company registered under the Corporation Act 2001 (cth) and what is its purpose?
It has been provided by the Corporations Act, 2001 (Cth) that the internal management of a corporation is going to be governed by:
The relevant provisions of Corporations Act;
The constitution of the company; or
In this regard, the constitution of a corporation provides the rules that govern the co...
Australian Securities and Investments Commission v Adler  NSWSC 171 is both a unique and yet very complicated. This case involved the breach of a range of provisions related to the duty of directors laid down in the CA or the Corporations Act, 2001 (Cth). A few of the duties, which were breached in these cases were related to the use of information in a proper manner, duty of care and diligence and the var...
Insolvency refers to such a situation in which the person is unable to pay back the money which they owed to the others. In terms of a company’s insolvency, the company is unable to pay the debts owed by it, to different stakeholders. Insolvency broadly has two forms, i.e., the cash flow insolvency and the balance sheet insolvency (Omar, 2017). In the former, the company has assets to repay the debts; though, it does not have the...
Recent corporate collapse of Ansett One Tel attracts the media and in Adler’s case, court commenced the action after the collapse of HIH. However, this event gives an appropriate stimulus for the purpose of reflecting the potential damages arise because of the breach of provisions of Corporation Act 2001. While considering this case, number of requirements related to transactions arises in respect of providing fina...
Asic V Adler  Nswsc 171
Case summary and breach of duties by directors
In this present case, the directors of the company (Adler) make payment to a planned unit trust. However, the money is used to purchase shares in the parent company. For this transaction, no confirmation by the board was made by Adler. It shows contravention of provisions related to financial support and related party benefit (Viven-Wilksch, 2015). As per t...
Part A -
For the past two years, Sam’s Sausages Ltd (SS) reported tax losses totalling $235,000. Recently, the decision was made to change the company constitution to allow the company’s majority shareholder, Mighty Meats Pty Ltd (MM), to take over SS’s last remaining shares.
Following a shareholder vote, it was agreed to change the constitution and that MM would be allowed to expropriate SS’s minorit...
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