Company Law
once a public company is incorporated all duties of the promoter and potential liabilities end, including any regarding a pre-registration contract as per s 131 Corporations Act 2001. Discuss the truth of this statement

It is essential to define the term in discussion and its relation to the subject at hand. Who is this promoter? The promoter is not fixed into a definition within the Corporations Act nor within the confines of common law. However, the court recognizes the promoter as a term used in business. Therefore, the term promoter has a vast meaning that enables it to allow flexibility for persons within the scope of law on promoters. Promoters are the persons actively involved in the process of founding a company (Symon, 2006 p 19). The typical duties of the promoter include the ability to negotiate preliminary agreements and construction of the constitution for the company. They also identify….

Company Law
Brief synopsis of the situation

Jane is the Marketing Manager of Prints Pty Limited. She has recently made some purchases on company account including leasing a new car, a photocopier, a reconditioned printing press and photo copy paper supply. While all the other purchases were made by Jane on her own discretion, the printing press was co-signed by John, part owner of Prints Pty limited.

John tells Jane that while he would reluctantly accept the purchase of photocopier and paper, Jane will have to pay for her own car. Upon hearing this, Jane resigns immediately leaving Mark with the decision to look into the purchase of the printing press. The company wants to cancel this purchase as John had no authority to purchase anything on company account. Mark is now wondering if he is liable for any of these purchases.

Company policies:

The company constitution clearly indicates that no purchases can be made….

Company Law
The functions of company law

What is covered in the company law?

The legal implications of 'pre-registration contracts'

The Australian corporate law has seen major reforms in the last couple of years (Tomasic, Bottomley & McQueen,2002). For instance, section 131 of the Corporations Act 2001 dealing with pre-registration contracts is no-longer necessary. This is clearly illustrated by the lack of reported cases since the introduction of provisions for pre-registration contracts into the legislation. The provisions may have been relevant, even important, in a time when there were no shelf companies and we did not have the technology we have today. As this is no-longer the case it is time we simply reverted back to the common law on pre-registration contracts. The common law would make it simpler for the promoter, the company and the third party when making contracts let alone on matters of contractual liability. The purpose of this work….

Company Law in Australia
Corporate governance related regulations in Australia are relatively similar to those in the United Kingdom. This is primarily because Australia's Corporations Act of 2001, which is the major corporate governance related regulations, has traditionally borrowed greatly from the United Kingdom company law, especially the Companies Act of 2006. Australia has relatively borrowed heavily from the United Kingdom company law as part of progress towards modernizing the country's statutes on corporate governance. Moreover, these attempts towards modernizing corporation statutes in Australia contributed to the development of a legal structure that currently comprises one national law, which is known as the 2001 Corporations Act. Similar to other Australian corporations laws, the Corporations Act 2001 is administered by the Australian Securities and Investments Commission, which is the national regulatory authority. There are several differences between corporations laws in Australia and those in the United Kingdom despite the heavy borrowing by….

Corporate Law
The company law states and defines the roles of directors within the company's daily activities and transactions. It provides essential fundamentals necessary for observance in a bid to curb unnecessary liabilities and conflicts arising in the process of balancing personal interests and ones fiduciary duties in a given company acting in any defined capacity. Directors' duties and; liabilities are explicitly elaborated in the company that entails the corporate acts, which are the operation framework of any given public or private company. The qualifications and disqualifications of the occupancy of a director's role are very important just as underlined in the corporate acts. A company director is endowed with a number of responsibilities and duties which he is expected to undertake in the capacity of directorship. Acting in good faith on behalf of the company is an issue that is also fundamentally highlighted because the duties and responsibilities bestowed upon….

Laws Governing Business Entities
Laws Governing Business Organizations

Every business organization in a developed market is governed by laws, which are rather closely monitored to ensure the good fairing of the organization in the business market. Such laws provide for the standard form of the generally established legal entities in the worldwide economy. Such defined entities include, partnerships (general and limited), Limited Liability Company, cooperatives among others. This document outlines such laws and consequently defines their importance in performance of any organization or company established in a stable and developed business economy.

Organization By-laws

laws of most companies and organizations are articulated as below. This list provided below generalizes what is common and basic to most of the organizations or rather legal entities.

Every business organization should specify its official name to ensure proper identification with the concerned legal authorities. Each company has its own specific name, which is considered an intellectual property for every….

Kapoor G.K., (n.d). Business Law Including Company Law. Chapter 1
his book, in the isolated chapter 1 discusses the elaborate meaning of a contract and what makes up a legally binding contract. It discusses the elements of a contract in the context of sales and gives examples of what an offer in a contract is and acceptance which are two essential parts of a contract. he chapter further discusses the potentiality of having further obligations in a contract that may not have their origins in the agreement and may not be contractual in nature, like torts or civil wrongs, but could still be enforceable in a court of law. he chapter further highlights using examples and case studies how cases of contractual agreements can be solved. he chapter further discuses one by one the essential element of a valid contract and alongside each element the author gives easy to understand example….

Laws and Wages
Legislation and Wages: An Intricate Dance, but Who's Leading?

Government and employment have always had and will necessarily continue to have a complex and mutually influential relationship, not least in the area of wages. What people are able to earn has always been a pressing issue in any capitalist system, and can influence the formation and the actions of government in numerous direct and indirect ways. In the other direction, legislation enacted by the government can both directly impact employees' wages and have indirect impacts through the changing of burdens that employers must contend with in compensating employees and operating their businesses. This paper briefly examines the relationship between government and wages, and specifically between legislation and employers' abilities to pay wages and utilize wages as an effective workforce motivator and stabilizer. This examination shows that good intentions can sometimes have questionable results, even when the ethical goods they….

Company's Compensation And Benefit Package
A number of factors determine how a company compensates its employees. These factors may include economics, psychology and even sociology. To an economist compensation is viewed as a labor market determinant (Filer, Hammermesh, & ees, 1996). As a human resource manager for Vanguard Industries I have been entrusted with the responsibility of explaining to the Chief Executive Officer (CEO) that guided my development of the company's compensation and benefit plan. I will specify economic factors I considered while coming up with the company's compensation and benefit packages, the manner in which they do so and the relative and absolute importance of each. Before coming up with a compensation and benefit scheme, it is imperative that matters pertaining employees' skill level, age, gender and minority and majority status are factored as they affect an individual's reward preferences and their view on what they contribute to an organization.

In….

Laws elating to Different Businesses
Laws elated to Different Businesses

Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.

Federal, State and Local Agencies

The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web design business also, you….

The partners are directly responsible financially for the obligations of the business. Therefore, in case of loss or debts, the owners suffer the risks and losses since they have liability for the business. In terms of complexity and flexibility, the partnerships remain appropriate for the partners. The issue of raising finance is shared between the partners; however, they cannot get loans for the business independently. Therefore, they are not suitable for the two partners who wish to set their business.
The third venture is a corporation, which is a separate entity from the persons that establish the business. Therefore, in financial terms, they are easy to raise capital as members contribute, and can borrow finance independently. Like the limited liability partnership, they are legally bound and hence the liability is limited. They eliminate the issue of personal liability. The tax returns are similar to those of partnerships and are taxed….

Oracle's Stellent application has yet to create more streamlined service creation and management workflows, due mainly to the acquisition taking longer than expected. The integration of the Stellent platform into the broader Oracle 11i platform is also proving to limit 3rd party database support, making the Oracle Stellent ECM suite appear to be moving in a more proprietary direction as a product. As the acquisition was completed in late 2006 and Oracle has made their Service Oriented Architecture (SOA) Fusion their top development priority, the full integration of Oracle Stellent has not progressed as rapidly as planned. As a result, the last factor of customer referenceability, Vignette has a significant advantage as well.
Summary

Evaluating ECM systems for use in a law office or practice requires the consideration of several factors that have been explained in this paper. Cost is a secondary consideration relative to the benefits derived from automating key….

11. The issued rose in this case is unauthorized use of a company vehicle, which resulted in an accident. Prater was told to bring the truck home over the weekend to work on the body only. His boss never gave him permission to use the truck for any other purpose. Besides, the insurance on the truck would probably only pay for the accident if it occurred on company time. Prater could be charged for stealing the truck and unauthorized use. The ruling in this case should be for the plaintiff. Prater should have to pay for the accident and repairs to the truck.

Week 8

5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless they actually….

This created silent enemies whose sole purpose is to make that person look like a complete and total loser. Therefore, restoring the balance that was lost and feeling better about them while you are left feeling degraded and humiliated about what happened. On the other hand, the lesson is often learned the hard way and one can see that it does not pay often times to stick out in the crowd. There are those that thrive in the monotony of it all being predictable. If one follows the leader than no harm can come to them and balance is once again restored. It never works trying to appear better than those that you seek support from, they end up feeling as if you only want their support because you in fact think in some way you are better than they are. This is a sure way to keep people….

It is merely a separate agreement between the assignor and assignee in which the assignor gives its rights under the contract to the assignee for good and valuable consideration. Since an assignment is not a modification to the original agreement, it does not need to be in writing and signed by the parties to the original agreement. However, if the terms of the original agreement are altered by the assignment, such as if Kethan's terms of employment changed (different salary, different working hours, different responsibilities) then the assignment could arguably be a modification of the original agreement. However, in this case nothing about Kethan's work environment changes.
Further, the court determined that due to Kentucky public policy and case precedent, noncompetition agreements are assignable because Kentucky public policy favors enforcement of noncompetition agreeements as long as they are reasonable. This policy is designed to protect businesses from unscrupulous employees who….