...Business Law- In this unit you, Click Link Below To Buy: http://hwcampus.com/shop/business-law-in-this-unit-you/ In this unit you, you will select a case law pertaining to the topic of business entities. Each case law analysis allows you to express yourself as clearly and fully as possible in dissecting a court decision. The purpose of the assignment is two-fold: 1. To give you the opportunity to read a real court decision. 2. To challenge you to think about how you would have decided the case. In your case law analyses, you must be able to navigate the court's decision and summarize it; you are not expected to act as a judge or an advocate. Using your selected court decision, prepare an analysis that responds to the following: 1. Articulates the importance, context, purpose, and relevance of law in a business environment: • Identify the parties who are before the court. • Provide a brief background to problem. Summarize the facts in no more than 2–3 paragraphs. • Identify what is the specific disagreement between the parties. • Explain the ruling of the court in no more than 1–2 paragraphs. 2. Evaluate legal options to create a business entity. • Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision. • Compare to other types of business entities-would the party have been in a better position if they formed as a different type of legal business entity? • Do you agree with the...
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...Business Law- In this unit you, Click Link Below To Buy: http://hwcampus.com/shop/business-law-in-this-unit-you/ In this unit you, you will select a case law pertaining to the topic of business entities. Each case law analysis allows you to express yourself as clearly and fully as possible in dissecting a court decision. The purpose of the assignment is two-fold: 1. To give you the opportunity to read a real court decision. 2. To challenge you to think about how you would have decided the case. In your case law analyses, you must be able to navigate the court's decision and summarize it; you are not expected to act as a judge or an advocate. Using your selected court decision, prepare an analysis that responds to the following: 1. Articulates the importance, context, purpose, and relevance of law in a business environment: • Identify the parties who are before the court. • Provide a brief background to problem. Summarize the facts in no more than 2–3 paragraphs. • Identify what is the specific disagreement between the parties. • Explain the ruling of the court in no more than 1–2 paragraphs. 2. Evaluate legal options to create a business entity. • Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision. • Compare to other types of business entities-would the party have been in a better position if they formed as a different type of legal business entity? • Do you agree with the...
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...Anti-monopoly Analysis of Tencent QQ vs. 360 Dispute Weiwei Hu and Yimeei Guo School of Law., Xiamen University; 361005, China helusi420hw@163.com, ymguo@xmu.edu.cn Abstract. Anti-monopoly concerns are becoming more and more frequent for Internet industries competiting all over the world. This paper makes a case analysis of Tencent QQ vs. 360 dispute, then has some further thought from such dispute.Finally, it is hoped by this paper that China’s Anti-monopoly Law be healthily and perfectly enforced in the future. Keywords: Anti-monopoly, Internet industries, Case analysis. 1 Introduction Anti-monopoly concerns are becoming more and more frequent for Internet industries competiting all over the world.For example, in February 2011,Apple launched a new service that allows for magazine and newspaper subscriptions for its popular devices, might draw claim from publishers that Apple dominates the market for consumer tablet computers and that it has allegedly used that commanding position to restrict competition.[1] Also in February 2011,Hudong.com, an online encyclopedia, is alleging that Baidu unfairly blocks its Web pages from search results in favor of its own encyclopedia service, Baidu Baike.[2] On April 1,2011, Microsoft plans to file a complaint with the European Commission demanding action against competitor Google on competition law grounds. Microsoft claims that Google stops other companies from accessing the information needed to run effective search operations.[3]...
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...Assignment Topic “The Company at Law is Distinct from its Members. Directors are neither Agents nor Trustees of the Company” Prepared For Barrister Shaheen Ahmed Lecturer School of Business North South University Prepared By Shahriar Hasnaine Sakib ID- 111 0261 030 LAW 200 Section: 07 Date of Submission July 15, 2014 Contents TABLE OF CONTENTS Objective 3 Introduction 3 Company’s Classification and Characteristics 3 Separate legal personality 4 Consequences of treating the company as a separate legal entity: 5 Company has a Distinct Entity from its Members 6 Agent & Trustee 6 Directors 6 Analysis to the Leading Cases 7 Salomon v. Salomon & Co. 7 Lee and Lee’s Air Farm’s Ltd 8 Macaura v. Northern Assurance Co Ltd 8 DHN v Tower Hamlets London Borough Council 9 Lubbe v Cape Plc [2000] 9 Some Other Famous Cases: 10 Paul v. Virginia (1869) 10 Berkey v. Third Avenue Railway Co 10 Adams v Cape Industries plc [1990] 10 Walkovszky v. Carlton 10 Findings 11 Conclusion 11 Bibliography 12 Objective ‘’A company is distinct from its members. Directors are neither agents nor trustees of a company’’ The purpose of this Assignment is to analyze the legendary statement made by Lord Mac Naughton during the Salomon vs Salomon case on corporate personality, in the lights of some leading cases. The statement of Lord Mac Naughton was “The Company is at law a different person altogether from its members, the company is not in law agent of the subscribers or...
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...From a business perspective, working under government contracts can be a very lucrative proposition. In general, a stream of orders keep coming in, revenue increases and the company grows in the aggregate. The obvious downfalls to working in this manner is both higher quality expected as well as the extensive research and documentation required for government contracts. If a part fails to perform correctly it can cause minor glitches as well as problems that can carry serious repercussions, such as in the National Semiconductor case. When both the culpable component and company are found, the question arises of how extensive these repercussions should be. Is the company as an entity liable or do you look into individual employees within that company? From an ethical perspective one would have to look at the mitigating factors of both the employees and their superiors along with the role of others in the failure of these components. Next you would have to analyze the final ruling from a corporate perspective and then we must examine the macro issue of corporate responsibility in order to attempt to find a resolution for cases like these. The first mitigating factor involved in the National Semiconductor case is the uncertainty, on the part of the employees, on the duties that they were assigned. It is plausible that during the testing procedure, an employee couldnt distinguish which parts they were to test under government standards and commercial standards. In some cases they might...
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...flexibility to how involved a partner needs to be as well as their liability which could be an advantage and disadvantage. Limited liability partnerships add another option allowing for general partners to have limited liability for the debts and obligations of the business. An advantage to this type of business is that a general partner can manage the business but have limited liability to its debts. Each type of business entity offers pros and cons that should be considered before entering into any business venture. The specific needs of the business and its long term plan will help to determine the best form of ownership. In the case of Arcadia Sports, I would recommend a limited partnership. This type of business entity would be beneficial to both Jeb and Josh because they would be able to participate in the business in ways that best suit them. Since Jeb has the finance to start the business and does not want to be involved in the management and execution the business he would be considered the limited partner. Josh then would assume the role of the general partner and manage the business on a day to day basis. The disadvantage to Josh would that he would then assume personal liability for the debts and obligations of the business. If Arcadia Sports were a general partnership...
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...Guidance Accounting and Reporting Financial Reporting Council June 2014 Guidance on the Strategic Report The FRC is responsible for promoting high quality corporate governance and reporting to foster investment. We set the UK Corporate Governance and Stewardship Codes as well as UK standards for accounting, auditing and actuarial work. We represent UK interests in international standard-setting. We also monitor and take action to promote the quality of corporate reporting and auditing. We operate independent disciplinary arrangements for accountants and actuaries; and oversee the regulatory activities of the accountancy and actuarial professional bodies. The FRC does not accept any liability to any party for any loss, damage or costs howsoever arising, whether directly or indirectly, whether in contract, tort or otherwise from any action or decision taken (or not taken) as a result of any person relying on or otherwise using this document or arising from any omission from it. © The Financial Reporting Council Limited 2014 The Financial Reporting Council Limited is a company limited by guarantee. Registered in England number 2486368. Registered Office: 8th Floor, 125 London Wall, London EC2Y 5AS Financial Reporting Council June 2014 Guidance on the Strategic Report Contents Page Guidance on the Strategic Report Summary 1 2 3 4 5 6 7 8 Objectives and how to use this guidance Scope The annual report The strategic report: purpose The strategic report:...
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...Legal Underpinnings of Business Law Shawn Akey BUS670 Dr. Callaway September 22, 2014 Legal Underpinnings of Business Law During this week, the reading talked about the foundations of business law, including constitutional law as it applies to business, and a comparison of several common business organizational forms. Additionally, various ethical theories were introduced in order to provide perspective to various business outcomes. This paper will deliberate over a scenario raised during the course, concerning a case study on the Tinker & Tailor Home Security Service business and their current legal issues. Along with discussing the scenario, an explanation of each facet of it, as well as provide examples of each as they pertain to the real world will be included. The scenario focused on in this discussion is the creation of a matrix that lists each business, and compares and contrast personal liability exposure as an owner as a result of the lawsuit. For each business entity, analyze how the liability exposure might be limited as an owner. Examine the best business organizational form for the business that might be owned someday in a personal manner. The overall goal will be to show that through the proper manipulation of various legal aspects, exposure to and protection from legal suit can be minimized. The following quote from Jack Kingston sets the stage for the discussion on legal woes of the Tinker & Tailor Home Security business, “Frivolous lawsuits are...
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...Auditor independence refers to the position of the external auditor’s level of personal and financial ties to a particular organization which can sometimes be complex. When deciding whether to accept an auditing engagement, one must judge their independence and objectivity. This is why integrity is imperative in business, especially within the world of audit. Congress passed the law, The Sarbanes-Oxley Act of 2002 (SOX) that applies to publicly held companies and their auditors. It was intended to protect investors by improving accuracy within the laws of the government (SEC, 2001). In addition, it also assists in prevention of financial statement fraud and make items more transparent for protection of the organization. To achieve these parameters,...
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...Company Law for Business: Assignment 1 (i): Is the cat contract with Feline Fertility Pty Ltd enforceable? Your answer should include an analysis of the reason put forward by Lassie Ltd for terminating the contract. The area of law relating to this particular question is the Corporations Act 2001 section 124, which mentions the legal capacity and powers of a company, and section 125 (2), which refers to a company's objects within its constitution. As Lassie Ltd is a company, it is a separate legal entity, meaning it can enter into contracts in the same legal way a normal human being could. Lassie Ltd's constitution includes the objects clause stating that the company's activities are to be restricted to the breeding and selling of dogs and goods and services associated with dogs, this is why Lassie Ltd wants to terminate the contract. This objects clause does not prevent the company from entering into any contracts as the company can enter into any contract that it wants to as it is a separate legal entity. Despite the fact that Lassie Ltd broke its company constitution, the contract is still enforceable with Feline Fertility Pty Ltd due to the abolishment of doctrine of ultra vires. The abolishment of doctrine of ultra vires means a company cannot enter into contracts beyond their power and then later avoid their legal obligations on the grounds that they had no legal capacity to enter into the contract. Lassie Ltd knowingly entered into the contract to purchase 300...
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...refers to a form of organization owned by a single individual. In this business, a single person makes all the decisions and does not have to engage a legal department to approve contracts. The owner of such a business can only use personal funds even though he or she may have separate checking and savings accounts for the business. The first characteristic of this form of business enterprise is liability. A sole proprietor suffers from unlimited liability. The owner becomes liable personally for all the obligations and debts of the business. The second characteristic is income taxes. Businesses pay federal income tax just like individuals. In a sole proprietorship, the owner pays income tax only once on the business income, which he or she reports on their personal income form. The third characteristic is control. In a sole proprietorship, the owner makes all the decisions concerning the business. In this business, the owner does not have to grant control to other people. The fourth characteristic is profit retention. If a sole proprietorship makes profits, the money belongs exclusively to the owner. The reason is that the owner and the business are one. The fifth is location. The owner can move or expand the business to a different state without consulting anybody. This is because the owner is the sole decision maker. The sixth characteristic is convenience or burden. The owner makes sure that the business complies with all meeting, reporting, and other regulatory requirements...
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...MANZUR-E-MAWLA Adjunct Faculty Course: BUS 361 Business Administration Department Prepared By SHAH NAFESH FAYED (ID# 2007-2-10-085) xxxx (ID# 2007-1-10-000) Xxx (ID# 2007-1-10-000) Ahmed Anis Uz Zaman Bhuiyan (ID#2007-1-10-122) ASAD AL HAQUE (ID#2007-1-10-030) Date of Submission: 22-04-2010 Acknowledgment At first, we are paying our gratitude to Almighty “Allah” because without him, we wouldn’t be able to prepare this term paper. We would like to express our respect and heartiest gratitude to our course instructor of BUS 361Md. K.I.M.MANZUR-E-MAWLA, Adjunct Faculty, Department Of Bachelor of Business Administration, East West University. Without him, preparing this report would be simply impossible for us. We also like to thank our seniors and classmates to giving advices and reliable information. We are paying our hearties appreciation to all of these people for their great co-operation, which will be always remembered by us. Letter of transmittal 22 April, 2010 K.I.M.MANZUR-E-MAWLA Adjunct Faculty Department of Business Administration East West University Dear Sir For the purpose of understanding the company law and corporate personality in the real life scenario and what are the cases that influence the company law. Therefore we have prepared a report on Company: A Corporate...
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...Case 14-01 Bringing Students Together Overview Education in China is highly protected by the government of the People’s Republic of China (PRC) because it represents an avenue to teach, inform, and shape the minds and beliefs of the country’s people. As a result, any enterprise that provides education services in China needs to follow certain PRC laws. Specifically, one law requires that an entity that conducts education services must be owned by Chinese nationals and cannot be owned directly by foreign individuals or entities. Recently, an increasing number of wholly foreign-owned enterprises (WFOEs) in the PRC are involved in complex business structures that allow a foreign entity (often an SEC registrant), through a series of contractual arrangements as opposed to equity ownership, to effectively control a PRC-domiciled enterprise that provides education services. This typically results in the SEC registrant accounting for the PRC-domiciled education enterprise as a consolidated subsidiary, effectively allowing the SEC registrant to recognize the gross assets, liabilities, and profits (or losses) of the PRC enterprise even though the WFOE has no equity ownership. These structures have been the subject of recent public scrutiny and focused on by the SEC. This case will discuss (1) the various contractual agreements that are used to create such structures and (2) whether a consolidation conclusion is appropriate under U.S. GAAP in different scenarios. Background ...
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...[pic] [pic] | | |UK COLLEGE OF BUSINESS AND COMPUTING | |Course title |Unit number and title | |BTEC HND IN BUSINESS | Aspects of Contract and Negligence for Business | | | | |Student name Student ID |Assessor name | |Abu Rahman Hndb 5969 |Nathanial Owusu Frimpong | |Date issued |Completion date |Submitted on | |20-03-2014 |19-03-2014 |21-03-2014...
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...Name: Neyamul Hoque ID:1020180530 Sec:8 LAW 200 Statement Analysis: “A company at law is distinct from its members. A Director is neither an agent nor a trustee of a company” To: Barrister Shaheen Ahmed (ShD) Date: 07.04.2014 Introduction The main inspiration for forming a corporation or company is the limited liability it offers to its shareholders. This policy allows the shareholders to lose only what he has contributed as shares to the corporate entity and nothing more. However, there is a major exception to the general concept of limited liability. There are certain circumstances in which courts will have to look through the corporation, that is, lift the veil of incorporation, and hold the shareholders of the company personally liable for the obligations of the corporation. The veil policy is raised when shareholders shape the distinction between the corporation andthe shareholders. It is an important aspect of the law that although it is a separate legal entity, a company or corporation can only act through human agents that it is comprised of.Under the company law or corporate law, a corporation is specifically referred to as a legal person who is a subject to rights and duties and is capable of owning real property, entering into contracts, and...
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