Corporations law

1.0 Areas of law Corporate social responsibility (CSR) has long been a touchy issue for governments not just in Australia, but around the world as well. Companies in Australia are governed by the corporation’s act, which outlines the legal capacity and power of a company. The Corporations Act 2001 (Cth) s 57A1, defines a corporation as a separate legal entity, that includes any corporate body and unincorporated bodies that may sue, be sued or hold property in the name of an office holder appointed

Directors are agents of the company that are selected to act in the best interest of the corporation. The duties of director’s under Australia’s Corporation Law will be discussed. The history, evolution and the future of director’s duties will be observed and discussed as well as the consequences they face if the law is infringed. Companies hire directors to act on their behalf and manage the corporation based on their values and organisational culture. Directors are individuals who are appointed

Dignam & Lowry, Company Law, 5th edition (2009)* ** • Hicks & Goo’s Cases and Materials on Company Law, 7th edition 2011** • Mayson, French and Ryan on Company Law, 26th edition (2010) • Bourne on Company Law, 5th edition * Dignam & Lowry, Company Law, 6th edition (2012) may be published August 2012 ** These books will be used as the module readers Additional reading: The latest editions of: • Gower and Davies’ Principles of Modern Company Law, Even if you do not

statements, Betty had not right to act on behalf of Bechdo Pty Ltd and Bechdo has the capacity to sue Betty for acting contrary to the company constitution. Based on the case study, Betty had breach the contract which existed between her and the company laws. If an act carried is outside the objects for which the company was founded to as contained in the company’s memorandum of association which is this case is the company’s constitution, then the acts are deemed to be ultra vires. In other words, the

CLAW 2201 Corporations Law Assignment Introduction The Corporations Act[1] neither codifies nor excludes rulings at common law in relation to a company’s dealings with outsiders.[2] This means that in advising TV Treats of their contractual obligations, consideration need be paid to both common law and statutory positions. While there is some overlap between the two, inconsistencies between sources of law can result, leaving legislation to take precedence. A. Authority of a Company Secretary

CML3001W: Corporation law Opinion 1. Who owes the company a duty to exercise reasonable care and skill? Section 76 of the Act includes in the definition of directors alternative directors, prescribed officers, or a person who is a member of a committee of a board of a company, or of the audit committee of a company, irrespective of whether or not the person is also a member of the company’s board. A prescribed officer, as defined in section 1, as ‘any person who, within a company, performs any

Company Law Assignment (All sections are referred to the Corporations Act 2001) Part A i. According to S129, a company be legally bound by a contract depending on the authority granted to an agent or officer under the common law of statutory provisions. A contract can be directly executed under the common law provision s127(1) which states that a contract is executed when signed by two directors or a director and a company secretary. Ickea can rely on the statutory assumptions under s129(3), which

For the purposes of this assignment the relevant law is the Corporations Act 2001 (Cth) (either as the “Act” of the “CA”). From now on I will refer to it as the Act (Hinchy, McDermott 2008). PART A: a.) How can you change the name and convert the status of a company from a Private to a Public company? Bimbi Fashion Pty Ltd has decided to change company type from a proprietary company to a public company due to wanting to raise funds. Under chapter 6D of the Act, a proprietary company cannot engage

For the purposes of this assignment the relevant law is the Corporations Act 2001 (Cth) (either as the “Act” of the “CA”). From now on I will refer to it as the Act (Hinchy, McDermott 2008). PART A: a.) How can you change the name and convert the status of a company from a Private to a Public company? Bimbi Fashion Pty Ltd has decided to change company type from a proprietary company to a public company due to wanting to raise funds. Under chapter 6D of the Act, a proprietary company cannot engage

YU PAN Professor Pooja Kumar LAW 202 14/10/2016 Australia Corporation Law Who are directors of company? A director is a person in company who leads or supervises a particular area while the company is developing. These persons have similar duties and play different roles. In more details, “director” that cleared in S9 of the Corporations Act 2001 means that: ● A person validly appointed as a director or an alternate director; ● A person, even though not validly appointed as a director,