Referencing Styles : Footnotes and bibliography
A. Governments all over the world regulate the way in which companies operate through legislation. In Australia the Corporations Act 2001 (Cth) provides the law covering companies registered in Australia or foreign companies operating in Australia and the Australian Securities and Investment Commission administers the law. In Singapore the Companies Act (Chapter 50) provides the law covering companies in Singapore and the Monetary Authority of Singapore administers the law. Explain why it is necessary to have extensive laws regulating the conduct of companies and what groups of people are protected by this law.
Specifically discuss the Australian approach to regulating companies. If you wish to highlight any particular point by making a comparison with the regulation of companies in another country then you can discuss that law in your assignment answer.
(15 marks)
B. What research methodologies did you adopt to answer the above? Briefly outline your approach to researching this problem: the databases checked; sources used; websites visited etc. (5 marks)
C. Heritage Pty Ltd is a manufacturer of custom-made jewellery. It also makes badges and pins for sports clubs and corporations. Its business is small, and is run from rented premises in Brisbane. The company has clients in Sydney and Melbourne, and makes deliveries using a van hired from Brisbane Van Rentals & Sales Ltd. Its directors are Peter, Paul and Mary. Mary is named as Managing Director in the company’s constitution. This appointment is stated in the constitution to be subject to annual confirmation by the Board. The last time this occurred was in February 2007. Despite this, Mary has carried on performing her duties as Managing Director. The constitution also states that any contract over $ 50,000 in value requires the prior approval of the board.
Mary is of the view that the company should expand its business, and so approaches Mike Smith, Managing Director of Brisbane Van Rentals & Sales. Mike Smith has previously visited Heritage’s premises and knows Mary well, having advised her over the past five years on the most economical way to spend Heritage’s transport budget which he knows is $150,000 per annum. Mary says that Heritage Ltd wants to purchase 3 armoured vans at a cost of $100,000 each, and signs a contract to this effect on behalf of Heritage. Mike has not seen Heritage’s constitution.
Peter and Paul are shocked when they hear about the contract for the armoured vehicles, which they certainly do not approve of, and have now received a letter from Brisbane Van Rentals & Sales stating that the armoured vans are ready for delivery and asking Heritage to perform under the contract.
Advise: Heritage and Brisbane Van Rentals & Sales, citing authority for your answer. (10 marks)