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代寫Company Law 266

Company Law 266
Assignment 2: Option 2
© Curtin University 1/3
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Company Law 266
Assignment 2
Option 2: Incorporation and Corporate Liability
Due Date: 1 May 5:00 PM WST
Assignment Criteria
The assessment aims to address the following unit learning outcomes:
1. Explain, analyse and apply basic legal concepts and principles relating to company law.
2. Apply appropriate research techniques to select, evaluate and use information from primary and secondary sources to make informed judgments about legal issues.
3. Write well-structured documents relevant to company law using appropriate language and styles.
The following are the assessment criteria for this assignment:
1. Relevant legal concepts and principles of company law are identified, clearly explained and correctly applied.
2. Appropriate and relevant primary and secondary sources are used.
3. Answers are logical and coherent using appropriate and accurate language.
4. Answers are fully and accurately referenced.
Assignment Task
Question 1
Samantha operates a corporate gift and clothing business as a sole proprietor. She decides to form a company to take over the business. She is the sole shareholder and sole director. Samantha sells her business to the company at an inflated price and lends the company $50,000 to meet the cost of the purchase. As security for the loan, Samantha arranges a mortgage over a house (from which the business operates), which she transferred to the company as part of the business sale. For the next two years, the business makes a reasonable profit, but in 2010 there is a significant downturn in the economy and the company losses several of its most important clients. By 2011 it is evident that the company needs to be wound up. The unsecured creditors’ amount is $175,000. Samantha claims she is entitled to the $50,000.
With reference to the Corporations Act 2001 and case law, discuss whether Samantha is entitled to the $50,000. Use the 4 Step Method to answer this question.
15 Marks; 850 words
Company Law 266
Assignment 2: Option 2
© Curtin University 2/3
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Question 2
Windy Willows Winery Pty Ltd owns and operates a successful winery situated in the Perth Hills. The directors and shareholders are all members of the Frost family.
The four directors of the company are Bill Frost (the father) and the children Dan Frost, Ian Frost and Anne Frost. Dan is the managing director and Anne is the financial officer. Mr Bill Frost is a non-executive director.
The company is governed by a combination of the replaceable rules and a constitution. The company has adopted Replace Rules 2 and 4.
Ian and Anne attend a wine trade show in South Australia. They are very impressed with the state-of-the-art equipment especially the automated basket press that would be ideal for pressing the grapes for making their organic wine. They decide to take advantage of the special offers at the trade show and purchase two large basket presses for AU$15,000 each. They also purchase other wine-making equipment to the value of $20,000. All the equipment is purchased from Vinotec Ltd.
A clause in the company constitution states:
‘All contracts over $40,000 require the approval and signature of the managing director.’
Read the facts carefully and advise Windy Willows Pty Ltd on whether the company will have to honour the contract.
Refer to the Corporations Act 2001 (Cth) and relevant case law, and use the 4-Step Method to answer this question.
15 Marks; 850 words
Company Law 266
Assignment 2: Option 2
© Curtin University 3/3
3/3
Guidance Notes on Completing and Submitting the Assignment
Please read the information below very carefully.
Answering the Questions
? Answer both questions.
? Answer each question separately.
? Use the 4 step method to answer both questions.
? The answers must not exceed the number of words that are indicated for each question. You will not be penalised for exceeding the word limit but excess words will not necessarily be marked.
? The word limit is generous and is stated for a reason. The word limit indicates the scope and extent of the answer. There is no need to write more than is required. The skill is to write clear, concise and direct answers. This may require writing several drafts before the final assignment is submitted. Answers that exceed the word limit usually include information that is not relevant to the question. When you use case law you do not need to give details on the facts of the case - rather identify, explain and apply the legal issue/s and general principle of law from the case.
? The maximum number of words includes the in-text references.
Referencing
? The assignment must be fully and accurately referenced. You need to reference your assignment to avoid plagiarism (http://academicintegrity.curtin.edu.au/students/). If the assignment or parts of the assignment are not referenced it will not be marked.
? When you refer to legislation you must refer to relevant sections and provide the full reference. For example: A company is a separate legal entity (s 119, Corporations Act 2001 (Cth)).
? You must provide a full bibliography (reference list) at the end of the assignment.
? You may not use Wikipedia or similar websites or the lecture slides as a reference.
? Please refer to the Curtin library website for information on referencing. There is also an excellent iTutorial that you can watch that gives examples of how to reference: http://libguides.library.curtin.edu.au/content.php?pid=141214&sid=1335432
Electronic Submission
The instructions for submitting the assignment electronically via Blackboard are posted on Blackboard under the link on Assessments. Please note that no late assignments will be accepted. It is the student’s responsibility to ensure that the assignment is submitted on time. Please note that the Blackboard system operates on Western Standard Time so it is the student’s responsibility to ensure that the different time zones are taken into consideration.
Please read the Unit Outline on assessments for this unit and note that there is no extension for this assignment. If you chose not to do this assignment you may choose to do option three.

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