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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...

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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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Answered Same Day Feb 21, 2022

Solution

Tanmoy answered on Feb 21 2022
116 Votes
FINAL ASSESSMENT
Student Number: (enter on the line below)
Student Name: (enter on the line below)

HA3021
CORPORATIONS LAW
final assessmeNt
TRIMESTER 3, 2021
Assessment Weight:     50 total marks
Instructions:
· All questions must be answered by using the answer boxes provided in this paper.
· Completed answers must be submitted to Blackboard by the published due date and time.
Please ensure you follow the submission instructions at the end of this paper.
Purpose:
This assessment consists of six (6) questions and is designed to assess your level of knowledge of the key topics covered in this unit.
            
        
HA3021 Final Assessment T3 2021
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 te
itories (3.5 marks)
ANSWER a): ** Answer box will enlarge as you type
The various types of organization which needs to be considered as per the associations’ incorporation legislation consists of the following:
-The non-profit companies which are formed for being a part of small scale activities with non-profit motives.
-The community groups are also a part of this organization
-The organizations which are presently unincorporated or are incorporated as per other legislation
(b)    What reasons can you put forward for a body to incorporate under this legislation?
(3.5 marks)
ANSWER b):
The reasons due to which the body to be incorporated under this legislation is that the organization which is incorporated gets recognized in the form of a legal entity which is entirely distinct from its members. Due to this reason the employees and senior management personnel of the organization are being protected from being paying off the debts or liabilities during the winding up of the company.
Incorporation is considered to be significant as the organization is considered as a separate distinct legal entity which can sue and be sued by its own name. But the members of the organization cannot be held personally liable for such act if something goes wrong for the company.
Also, incorporation of a company helps a company to become a continuous existence entity despite the death of any of its members.
Finally, the organization must be incorporated as the government departments can fund the organizations which are being incorporated.
Question 2    (7 marks)
Explain the legal basis of the relationship between a principal and an agent.
ANSWER:
A person who is not of unsound mind or a minor and have the legal capability to perform certain activities is called the principal. The principal may empower an agent who will be able to ca
y out such acts. The principals may be a person, corporations or government organziations who appoints agents. A contract is being made by an agent on behalf of the principal. This contract is considered to be...
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