AYB230 Quiz.docx

AYB230 Quiz.docx - 1 At a Board meeting of Kindler Pty Ltd...

Info icon This preview shows pages 1–3. Sign up to view the full content.

1. At a Board meeting of Kindler Pty Ltd, which was incorporated in 2007, the directors resolved to hold another Board meeting in a week s time to remove Tom as a director. This resolution is procedurally flawed because: a. S203C makes it mandatory for directors to be removed by majority vote of members in company meeting, not directors in a directors meeting. b. S203D(2) states that at least 2 months notice is required to be given to the company. c. S249H(3) requires 21 days notice (or shorter if agreed by members) of a company meeting if the meeting is to consider and vote on a resolution to remove a director. d. (a) & (c) above. e. None of the above. 2. Buzzle Operations Pty Ltd (in Liq) v Apple Computer Australia Pty Ltd (2011) is authority for which principle/s regarding the definition of shadow director: it is not necessary that the instructions or wishes of the shadow director be given over the whole areas of corporate activity for which the directors are responsible a person is not a shadow director merely because they impose conditions on their commercial dealings with the company with which the directors feel obliged to comply for the directors to be "accustomed to act" in accordance with the instructions or wishes requires "habitual compliance over a period of time" the directors collectively must be accustomed to act on the shadow director s instructions or wishes and it is sufficient if a "governing majority" of the board is so accustomed to act. all of the above 3. These are the facts in which case? The MD of a company during negotiations to sell the company's business, also agreed to work for the purchaser and accepted a payment of 5000 pounds on top of his salary. Furs Ltd v Tompkies (1936) Cook v Deeks (1916) Peso Silver Mines v Cropper (1966) Regal (Hastings) Ltd v Gulliver (1967) None of the above 4. In the case of Salomon v Salomon & Co Ltd , the House of Lords made the following finding(s): The company conducted business as an agent for Mr Salomon. The company was acting as trustee and holding the business on trust for Mr Salomon. Mr Salomon had a legal duty under law as principal of the business to indemnify the company as his agent against business liabilities. All of the above. None of the above. 5. Which one of the following cases supports the proposition that the courts will pierce the corporate veil where it is not lawful to form a company to avoid an existing legal obligation or liability: Littlewoods Mail Order Stores Ltd v McGregor [1969] 3 All ER 855.
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Smith, Stone & Knight Ltd v Birmingham Corporation [1939] 4 All ER 116. Gilford Motor Co Ltd v Horne [1933] Ch 935. Daimler & Co v Continental Tyre & Rubber Co [1916] 2 AC 307. None of the above. 6. T. Stirrer owns 4.95% of George Ltd. He strongly disagrees with a resolution passed at the last general meeting that George Ltd commence operations in New Guinea. Stirrer wishes to call another general meeting to put a new resolution THAT the company NOT commence operations in New Guinea, given its unstable environment. The real reason for this is that Stirrer has never
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.
  • One '14

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern