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Part A
Companies can raise finance by borrowing money and securing the debt by way of fixed or floating charge. Using case law in your answer explain what is the distinction between a fixed and floating charge and when one would be used over the other.
Part B
Consider the position of a company that is experiencing financial difficulties and has not paid the rent of its manufacturing premises for three months. The directors (at the same time) have allowed the company to enter into a new debt of $1,000,000 for new plant and equipment that now may not be paid by the due date. Advise whether the directors may have breached any provision of the Corporations Act. In your answer identify any applicable case law and legislation that may be relevant.
Name to end with the word "Limited": S.5(1)(a) provides that the word "limited" must be the last word of the name of a company which is to be limit
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Proceedings at meetings - Held: Held: The resolution as passed was invalid since it was not the special resolution of which notice had been given. Even the retention of 321 p
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Ddisadvantages - mergers and winding up: The disadvantages of s.280 are that cash may have to be provided to pay off creditors and dissenting members or alternatively the sale
Q. Publication of list of repeat offenders ? As a part of the joint education campaign option, or separate to the education campaign, a ‘naming and shaming' approach could also
What are the disadvantages of delegated legislation? Disadvantages of delegated legislation: • The delegated body that is responsible for the legislation is not represent
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