CACL 2014
Case studies and problem sets
Problem Set 1
The following problems and questions should be answered after you have read Chapters 1 and 2.
1. GML is a public company. Its shares are listed for quotation on the ASX. What does it mean to say that a company is listed? Are all public companies listed on the ASX?
See [¶1-120], [¶1-140] and key terms [¶1-500]
If a public company is listed on the ASX, members of the public can buy and sell securities (such as shares) issued by the company on the secondary market conducted by the ASX. People wishing to buy or sell securities must do so through a broker who is a participant in the ASX.
Listed companies are required to comply with the ASX’s Listing Rules, which impose some
…show more content…
Because it is a separate person, it has its own legal identity or personality, which means that it can, for example, hold property in its own name and enter into contracts in its own name. It can also commence or defend legal proceedings in its own name. Importantly, its liabilities are its own and not those of its members or officers.
Historically, commercial companies developed as a means of allowing a number of people to pool their resources (in the form of capital or management skills) to undertake an enterprise too large for a single individual. Creating a separate legal person to hold and incur the rights and obligations of the enterprise simplified dealings between the enterprise and those with whom it conducted business.
With the introduction of limited liability in the middle of the 19th Century, participants in an enterprise could limit the extent to which their own personal wealth was put at risk if the enterprise failed. In short, limited liability means that even if a company is unable to pay all of its liabilities, then those participants who have invested money in the company are not liable to contribute any more than what they have already paid (or agreed to pay) to acquire their shares in order for the company to meet those liabilities.
Application of law to the facts
Although one of the key drivers of the development of companies was to
On this market of listing, the company must comply with the following criteria. As point out by TalyorWessing, the Company must be a listed company to be able to offer its shares to the public and the published accounts must accord to International Accounting Standards. To be obtain the securities to trading must be freely transfer, enable investors to pay conform obtain electronic settlement and receive their securities through a paperless settlement system known as CREST in the UK.
David Jones has a Share Trading Policy that complies with the requirements of ASX Listing Rule 12.12. This was lodged with the ASX in 2010 and is
The Corporate personhood, a universal legal model, grants corporations genuine rights and responsibilities similar to those of individual citizens. This concept proved useful in American jurisprudence in that it simplified one’s interactions with huge conglomerates. Citing the Fourteenth Amendment of the constitution, the term corporate personhood served to consider corporations similar to individuals. In that vane, corporate entities like individuals could join contracts as a single unit, corporate entities like individuals could be named in civil lawsuits as a single group and corporate entities like individuals could make decisions that would hold the enterprise responsible as a single entity even though the decisions were
This made the corporation a separate legal person acting in its own rights under the law, this
1. What impact will an unanticipated increase in the money supply have on the real interest rate, real output, and employment in the short run? How will expansionary monetary policy affect these factors in the long run? Explain.
As discussed earlier in the chapter, one of the primary reasons to organize a business as a corporation or as a limited liability company (LLC) is to protect the personal assets of the principals. As a general rule of corporate law, which has been a part of the U.S. legal system for over two centuries, the principals of a corporation are not personally liable for a corporation’s debts and obligations. In other words, a corporation’s principals are generally immune from personal liability for the decisions they make and the actions they undertake on behalf of a corporation. For example, assume that Corporation A contracts with Corporation B to purchase equipment valued at $500,000. If Corporation A fails to pay Corporation B for the equipment it purchased, the principals of Corporation A are not personally liable to Corporation B. Rather, Corporation A, the party in privity of contract with Corporation B, remains liable for the liability it incurred. A so-called “corporate veil” protects the principals of Corporation A, which insulates them from legal actions taken by Corporation B to
An Australian public company (ASX: in Australia 's major securities transactions, the Australian Securities Exchange. This was created in July 2006 through a merger Australian Stock Exchange and the Sydney Futures Exchange.
From the beginning of the judicial history, the lawyers and judges have emphasized about how a corporation is an intangible legal entity alone without body or soul (Arthur and Machen, 1911). The doctrine of separate legal personality basically is about how a corporation and the owners were two different entity (Kelly, Hammer and Hendy, 2014). The Limited Liability Act which replaced by the Joint Stock Companies Act 1856, is where the members are only liable up to the amount that
and sell shares (also called as stocks), bonds and other different types of securities. For
1. A company has a separate legal personality from the members in the company so in law it has separate rights and liabilities. The company can enter contracts and own property which wouldn 't make the members of the company liable only the company itself.
Public companies are listed on the Stock Exchange and their shares are available for the public to invest in.
In the following paper, I will look to identify the roles and differences between Limited Liability Corporations and Partnerships. Each has different advantages and disadvantages than the other. I will look to break down each and then identify which method of ownership would be the preferred method from an individual responsibility standpoint. Having stake or being invested into a company is important to know what you rights are and what you as an owner are responsible, liable for, and or entitled to. It is important to understand these things so the best
A corporation is an institution with a unique structure and set of imperatives that direct the action of the people within it. It is also a legal institution, one whose existence and capacity to operate depend on the law. The corporation’s legally defined mandate is to pursue, relentlessly and without exception, its own self-interest, regardless of the often harmful consequences. (Bakan. 2)
A company has satisfied ASX listing rule may step to listing process. The whole process may take 5 months. Basically, company will find an advisor, a stockbroker or investment bank. The bank will recommend the timing and pricing of share, and help to prepare a prospectus. The prospectus is a critical component of the listing process, with detail of past and forecast performances of the company. Secondly, the company should lodge the prospector with ASIC, and during a seven-day exposure time the prospectus is made available for public review and comment. Then lodge
On the other hand, (The Stock Exchange Market of Thailand, 2008), it described the benefit that impact to shareholders, because listed company has under the rules and regulations governing securities trading and also guarantee that investors or shareholders have equal access to the information. Moreover, investors can find a potential buyer more easily because their stocks are more marketable. Furthermore, holding shares that can be exchanged for cash in a short time became one of the choices to invest their money.