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Legal Analysis: Company Constitution And Expropriation Of Shares Essay.

13 Pages / 3,076 Words Published On: 30-12-2020

Advise:

  1. Salman, what the process for altering a company constitution is, and whether she can prevent the inclusion of the clause allowing the directors to expropriate her shares?
  2. Melanie, what recourse, if any, she has for the non-payment of her monthly payments for the remainder of her 12 month contract?

Upon application by creditors who had not been paid, the court orders that a liquidator be appointed and Chip-Eze Pty Ltd be wound up in insolvency. Archibald is then appointed as liquidator.

Advise:

  1. Archibald whether the directors of Chip-Eze Pty Ltd have breached s181 of the Corporations Act 2001 (Cth) or their equivalent equitable duties and what penalties or remedies might be applicable; and
  2. Faizah whether she has an action against Jordon for breach of directors’ duties for selling her the shares in Chip-Eze Pty Ltd just before it was going into liquidation.

As noted in the course outline, the assessment criteria for this assessment task are:

  1. Demonstration of knowledge of the law, as evidenced by accurate statement of relevant legal principles;
  2. Demonstration of understanding of the law, as evidenced by cogent and coherent application of legal principles to the fact situation as stated;
  3. Demonstration of requisite academic communication skills, as evidenced by logical structure of arguments, appropriateness of conclusions, accuracy of citations (legal referencing) and academic referencing and use of accurate and appropriate expression.

In terms of addressing the assessment criteria:

  • In order to demonstrate knowledge of the law for this assignment, you need to state the relevant legal principles accurately and reference them appropriately by citing case law and legislation;
  • In order to demonstrate understanding of the law, you need to apply the relevant legal principles to the facts of the case study in order to reach a conclusion;
  • You need to adopt a logical structure (it is recommended you use headings), avoid spelling and grammatical errors (see further under ‘Structure and Style’ below) and present your arguments in a coherent and convincing manner. Note that the use of footnotes is the required method of referencing for legal writing (you can use the ‘Insert > Footnote’ function in Word). The following guidelines stem from the criteria stated above:
  • It is not enough to discuss the facts in a general way without reference to legal principle/s.
  • It is not enough to state relevant legal principles without explicitly applying those principles to the facts.
  • Statements of legal requirements/ principles must be accurate. Use of your own words is encouraged but must convey the substance (meaning of) the legal principle/s.
  • Merely reproducing the facts given in the problem will not attract marks. This problem commonly occurs in written introductions, where it would appear that the writer is not sure where to start.
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My Assignment Help. (2020). Legal Analysis: Company Constitution And Expropriation Of Shares Essay.. Retrieved from https://myassignmenthelp.com/free-samples/acc520-legal-regulation-of-business-structures/oppression-of-majority-shareholders.html.

"Legal Analysis: Company Constitution And Expropriation Of Shares Essay.." My Assignment Help, 2020, https://myassignmenthelp.com/free-samples/acc520-legal-regulation-of-business-structures/oppression-of-majority-shareholders.html.

My Assignment Help (2020) Legal Analysis: Company Constitution And Expropriation Of Shares Essay. [Online]. Available from: https://myassignmenthelp.com/free-samples/acc520-legal-regulation-of-business-structures/oppression-of-majority-shareholders.html
[Accessed 29 September 2023].

My Assignment Help. 'Legal Analysis: Company Constitution And Expropriation Of Shares Essay.' (My Assignment Help, 2020) <https://myassignmenthelp.com/free-samples/acc520-legal-regulation-of-business-structures/oppression-of-majority-shareholders.html> accessed 29 September 2023.

My Assignment Help. Legal Analysis: Company Constitution And Expropriation Of Shares Essay. [Internet]. My Assignment Help. 2020 [cited 29 September 2023]. Available from: https://myassignmenthelp.com/free-samples/acc520-legal-regulation-of-business-structures/oppression-of-majority-shareholders.html.


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