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BULAW5915 Corporate Law

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Questions:

The Taskforce forms part of the Fraud and Anti-Corruption Centre, which is led by the AFP. Offences targeted by the Taskforce relate to serious fraud, money laundering and defrauding the Commonwealth. Current priorities include: criminality related to international tax evasion, fraudulent phoenix activity, trusts and superannuation.

Part A

Research the topic of phoenix activity and respond to the following questions:

  1. What is meant by the term ‘phoenix activity’?
  2. Can phoenix activity be beneficial to society? If so, how?
  3. What purpose is behind phoenix activity? Can there be more than one purpose?
  4. Who benefits from phoenix activity and who loses? Give reasons.
  5. Is there a section of the Corporations Act 2001 (Cth) that specifically prohibits phoenix activity? If so, which section?
  6. Are there sections of the Corporations Act 2001 which may be breached by phoenix activity? If so, identify at least two sections.
  7. Identify (and correctly cite) at least one case in which phoenix activity was considered. What were the main issues and what was the decision?
Part B
  1. Do you think prohibiting phoenix activity by creating a phoenix offence, or a phoenix prohibition is likely to be successful? Why, or why not?
  2. How could an offence or prohibition be structured?
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My Assignment Help (2021) Corporate Law [Online]. Available from: https://myassignmenthelp.com/free-samples/bulaw5915-corporate-law/company-and-securities-law-journal.html
[Accessed 23 September 2021].

My Assignment Help. 'Corporate Law' (My Assignment Help, 2021) <https://myassignmenthelp.com/free-samples/bulaw5915-corporate-law/company-and-securities-law-journal.html> accessed 23 September 2021.

My Assignment Help. Corporate Law [Internet]. My Assignment Help. 2021 [cited 23 September 2021]. Available from: https://myassignmenthelp.com/free-samples/bulaw5915-corporate-law/company-and-securities-law-journal.html.


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