Case s ummary: Person DE was serving as the chief financial officer for a company REC. The company was an electricity distributor in some parts of North Dakota. Company, REC was taking over a company, DGI that was distributing natural gas within the premises of North Dakota. DE went for a trip with his uncle EW. During the trip, DE told his uncle that he has been investing a lot of extra time in company REC as it was taking over the natural gas distributing company DGI. Person EW purchased a stock of
To f ind : The person who will be authorized to certify the accuracy of the financial statement of REC under Sarbanes Oxley Act.
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Chapter 28 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
- Duties and Liabilities of Corporate Directors Discuss the extent to which a director should be held liable for breaching his or her duty of care if he or she simply neglects to read materials regarding issues to be voted on at board meetings or neglects to show up for these meetings. 2. Should such a person be equally or less liable than a director who knowingly votes to approve an illegal or harmful act?arrow_forward1. Should George have accepted the listing? George states, “I am not discriminating. The owners are the guilty party.” Can george filter potential buyers by credit score? By race? 2. Now that George has accepted the listing, could he be guilty of fair housing violations by association? Could he be innocent because he is only “following orders”?arrow_forwardThe board of directors of Northshore plc decided to make a takeover bid for South Shore plc. After the decision was taken, but before it was announced the following chain of events occurred: Blue, a director of Northshore plc, buys shares in South Shore plc Blue tells his friend White about the likelihood of the takeover and White buys shares in South Shore White in turn passes on the information to his friend Green who also buys shares in South Shore Green tells his friend Grey about the information, and he too buys shares in South Shore At a dinner party Blue, without telling him about the takeover proposal, advises his brother Tom to buy shares in South Shore and Tom does so. Questions: Explain the Fiduciary duties of Directors and their relevance. Based on your knowledge of the Director’s duties and powers, explain whether the parties are guilty in each chain of events or the implications.arrow_forward
- James Stilton is the chief executive officer (CEO) of RightLiving, Inc., a company that buys life insurance policies at a discount from terminally ill persons and sells the policies to investors. To RightLiving pays the terminally ill patients a percentage of the future death benefit (usually 65 percent) and then sells the policies to investors for 85 percent of the value of the future benefit. The patients receive the cash to use for medical and other expenses. The investors are “guaranteed” a positive return on their investment, and RightLiving profits on the difference between the purchase and sale prices. Stilton is aware that some sick patients might obtain insurance policies through fraud (by not revealing the illness on the insurance application). Insurance companies that discover this will cancel the policy and refuse to pay.Stilton believes that most of the policies he has purchased are legitimate, but he knows that some probably are not. Using the information presented in…arrow_forwardBernard Koch was president of United Corporation, a closely held corporation. Koch, James Trent, and Henry Phillips made up the three-person board of directors. At a meeting of the board, Trent was elected president, replacing Koch. At the same meeting, Trent attempted to have the salary of the president increased. He was unable to obtain board approval of the increase because, although Phillips voted for the increase, Koch voted against it. Trent was disqualified from voting by the corporation’s charter. As a result, the directors, by a two-to-one vote, amended the bylaws to provide for the appointment of an executive committee composed of three reputable businesspersons to pass upon and fix all matters of salary for employees of the corporation. Subsequently, the executive committee, consisting of Jane Jones, James Black, and William Johnson, increased the salary of the president. Will Koch succeed in an appropriate action against the corporation, Trent, and Phillips to enjoin them…arrow_forwardMerrill Lynch employed Post and Maney as account executives. Both men elected to be paid a salary and to participate in the firm’s pension and profit-sharing plans rather than take a straight commission. Thirteen years later, Merrill Lynch terminated the employment of both Post and Maney. Both men began working for a competitor of Merrill Lynch. Merrill Lynch then informed them that all of their rights in the companyfunded pension plan had been forfeited pursuant to a provision of the plan that permitted forfeiture in the event an employee directly or indirectly competed with the firm. Is Merrill Lynch correct in its assertion? Why or why not?arrow_forward
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