Question 1 (7 marks)
Answer the following questions:
(a) What types of organisations should consider incorporation under the associations' incorporation legislation of the states and territories (3.5 marks)
ANSWER a): ** Answer box will enlarge as you type
(b) What reasons can you put forward for a body to incorporate under this legislation?
(3.5 marks)
ANSWER b):
Question 2 (7 marks)
Explain the legal basis of the relationship between a principal and an agent.
ANSWER:
Question 3 (11 marks)
A group of investors wish to form a company so they can invest in another new, promising biotechnology start-up company. The investment is expected to be about $10 million. They are choosing to register either proprietary or public companies for this purpose. Which one should they choose? What factors do they need to consider in making their choice?
ANSWER:
Question 4 (7 marks)
Generally, under Australian Corporations law, when a director breaches his or her common law and statutory directors' duties, only the company employing that director may institute legal action against him or her for such breach. Explain the reason why only the company may institute such action.
ANSWER:
Question 5 (11 marks)
Brothers Declan and Oscar are the only members and directors of Topiary Home Security Equipment Pty Ltd (Topiary). Topiary has a warehouse in Sydney, which contains the company's product inventory, which includes expensive CCTV equipment. Declan also works as the warehouse manager, while Oscar works in sales. One evening, as Declan was about to close the warehouse, he was confronted by two masked men who wanted to rob the warehouse. Declan resisted, a struggle ensued, and he ended up shooting and badly injuring one of the masked robbers. The other robber escaped.
The Office of the Public Prosecutor now wants to charge Declan with attempted murder. Can Topiary also be charged with this offence? And if your answer is yes, on what basis can the company be charged?
ANSWER:
Question 6 (7 marks)
What is the purpose of a prospectus?
ANSWER:
END OF FINAL ASSESSMENT
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