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Positive Accounting Theory

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Submitted By Jasmine325
Words 2431
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Issue one
Can the funds be raised from existing members or anyone else without a prospectus?

Relevant law
The ability of raising funds from investors is one of the most important functions of companies, furthermore, a significant objective of the Corporations Act (CA) is to encourage and regular those kind of investments. Usually, when a company want to offer securities, a disclosure documents (DD) must be issued simultaneously. The types of DD were given by s 705, and prospectus was including in. From s 706 “ ISSUE OFFERS THAT NEED DISCLOSURE”, we can find that, “ An offer of securities for issue needs disclosure to investors under this Part unless section 708 or 708AA says otherwise.” Obviously, to solve this issue we need to discuss if the Growth Ltd can fulfill the circumstances under s708 or 708AA. As there are too many subsections under s 708 and s 708AA, i will pick out sever subsections instead of copy all of them here.

从投资者筹集资金的能力是企业最重要的功能之一,此外,公司法(CA)一显著的目标是鼓励和定期的一种投资。通常,当一个公司希望提供证券,一个披露文件(DD)必须同时发出。 DD的类型由s705分别给予和招股说明书,包括研究。从s706“需要泄露问题提供了”,我们可以发现,“对于发行证券的要约需要向投资者披露在本部中,除部分708或708AA否则说,“很显然,要解决这个问题,我们需要讨论,如果公司成长可在S708或708AA履行情况。因为有书下708太多小节和S708AA,我将挑选出断绝小节,而不是拷贝他们都在这里。

Application
In case one, the amount of fundraising is $m20, which can be considered as a large offer. Thus, the subsection (1) - (7) of s 708, Small scale offering, will not be applied here. For example, s 708 (1) b showed that the offer of ”$ 2 million ceiling”. For some special investors, the offers can be issued without DD, for example “wealthy investors”, “experienced investors”, “professional investors” and “senior managers”( s 708 (8) ,s 708 (11) and s 708 (12) respectively). The investors we talked above are outside investors. For internal existing security holders, s 708 (13)(14) showed there are possibility to issue securities without disclosure. Similarly in s 708

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