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LAWS4112 (10)

Study Guides for LAWS4112 at University of Queensland

Corporate Law

LAWS4112 Study Guide - Final Guide: Secured Creditor, Mercedes-Benz W140, Fide

VOLUNTARY ADMINISTRATION Aim of administration The goal of administration is to maximize the chance of the Co continuing its business, or if this is not achievable, to ensure a better return for members an...

Law
LAWS4112
All Professors
LAWS4112 Study Guide - Final Guide: Misfeasance, Floating Charge, Unfair Preference

o o WINDING UP Two stages: o Winding up (liquidating and distributing property) o De-registration Different types of winding up which depends on: o Solvent (Pt5....

Law
LAWS4112
All Professors
LAWS4112 Study Guide - Final Guide: Negotiable Instrument, Accounts Receivable, Westpac

CAPITAL TRANSACTIONS Share Issues - Co has the power to issue shares: s124(1) - Includes power to issue bonus shares, preference shares and partly paid shares: s254A - S254A ISSUE OF PREFERENCE SHARES (AME...

Law
LAWS4112
All Professors
LAWS4112 Study Guide - Final Guide: Financial Statement, Deloitte, Contributory Negligence

DIRECTORS DUTIES General law duties are owed by fiduciaries (directors, senior executive officers and employees) - S9 A director is: o A person who is duly appointed to the position of a director o A pe...

Law
LAWS4112
All Professors
LAWS4112 Study Guide - Final Guide: Moral Turpitude, Aust, Civil Penalty

PROPER PURPOSE S181(1)(b) - Applies to the exercise of corporate power (including powers aimed at affecting the control of companies, as well as decisions to buy or sell assets, or to lend and borrow, whe...

Law
LAWS4112
All Professors
LAWS4112 Study Guide - Final Guide: Fiduciary, Ampol, Aust

CORPORATE GOVERNANCE - Corporate governance is the system by which companies are directed and managed. It influences how the objectives of the company are set and achieved, how risk is monitored and ...

Law
LAWS4112
All Professors
LAWS4112 Study Guide - Final Guide: Fiduciary, Dividend Policy, Improper Conduct

OPPRESSION Standing: Those with standing to bring an action for oppression S232 Member S231 Former member: o Where they have been removed because of selective reduction of capital S234(b) o Where the application relates ...

Law
LAWS4112
All Professors
LAWS4112 Study Guide - Final Guide: Fide, Ultra Vires, Lexus Gs

MINORITY PROTECTION Statutory Derivative Action (Part 2F. 1A) A statutory derivative action is where a member brings an action on behalf of the company. Therefore, any compensation goes back to the company, not the share...

Law
LAWS4112
All Professors
LAWS4112 Study Guide - Final Guide: Telnet, Fiduciary, Westpac

GOOD FAITH The directors of a company must act bona fide in what they consider not what a court may consider is in the interess of the company, and not for a collateral purpose. (Re Smith and Fawcett Ltd) S181 A director o...

Law
LAWS4112
All Professors
LAWS4112 Study Guide - Final Guide: Royal British Bank, Apparent Authority, Shareholder Resolution

CORPORATE CONTRACTING Corporate Capacity and Powers - Companies can contract directly or through an agent - S124 companies have legal capacity to contract as a natural person, with additional powers too: o ...

Law
LAWS4112
All Professors

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