Action against fraudulent phoenix activity, Business Law and Ethics

Assignment Help:

In the paper Action against Fraudulent Phoenix Activity: Proposals Paper, Treasury made a range of recommendations to amend director's liability provisions and taxation law.

Recommendations made by the proposal paper included:

-  removing the ability of directors engaged in fraudulent phoenix activity to avoid personal liability for PAYG(W) liabilities by placing the company into administration or liquidating the company

-  ensuring the promoter penalty regime is able to target those individuals promoting fraudulent phoenix activity

-  providing the Commission of Taxation with the discretion to require a company to provide an appropriate bond (supported by sufficient penalties) where it is reasonable to expect that the company would be unable to meet its tax obligations and/or engage in fraudulent phoenix activity

-  making directors personally liable for the debts of a liquidated company in circumstances where a 'new' company adopts the same or similar names as its previous incarnation

-  adopting the doctrine of inadequate capitalisation and allow the corporate veil to be lifted where a company sets up a subsidiary with insufficient capital to meet the debts that it could be reasonably expected to incur.


Related Discussions:- Action against fraudulent phoenix activity

Regulations regarding fire, REGULATIONS REGARDING FIRE : Fire accidents in...

REGULATIONS REGARDING FIRE : Fire accidents in educational institutions are much less as compared to those in residential, commercial or industrial areas. This is a general observ

Reconstructions - mergers and winding up, Reconstructions, Mergers And Wind...

Reconstructions, Mergers And Winding Up: (a) Reconstructions, mergers and takeovers are not defined terms. A reconstruction may be an alternative of the structure of a group o

Features of negotiable instruments, Features of Negotiable Instruments (...

Features of Negotiable Instruments (i) Whether made payable to bearer, whether the title to it is negotiable through delivery. Although made payable for order, the title to such

Investigation of companys affairs, Investigation of Company's Membership: ...

Investigation of Company's Membership: Section (1) empowers the registrar to appoint one or   more competent inspectors to investigate and report on the membership of any comp

Personal jurisdiction, A) As members of the WTO, recognize three (3) shared...

A) As members of the WTO, recognize three (3) shared interests Japan, the EU, the USA and China all share.   B) A court only requires to have personal jurisdiction over a par

Contract condition, 1. What is the difference between modifying a contract ...

1. What is the difference between modifying a contract under common law and modifying a contract under the UCC? 2. What is a "waiver" and what are its implications? 3. What i

A contract is terminated either by completion or by default, QUESTION 1 ...

QUESTION 1 Successful Contract Administration requires the preparation of a good contract management plan. Describe the steps undertaken to prepare such a plan? QUESTION 2

State article 9 of air and outer space law, State Article 9 of air and oute...

State Article 9 of air and outer space law Article 9 states that each contracting State may, for reasons of military necessity or public safety, restrict or prohibit uniformly

Ex-ship contracts - import and export trade, Ex-Ship Contracts - Import and...

Ex-Ship Contracts - Import and Export Trade Therefore whether goods are sold ex ship, such the duties of the seller are-like; (i) To deliver the goods to the buyer from suc

Judicature act - categorization of law, The Judicature Act Cap 8, Laws of E...

The Judicature Act Cap 8, Laws of England: Therefore the sources of England law are specified in the Judicature Act 1967, S.3(1) of that states in which the jurisdiction of th

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd