Company Law Assignment
Paper , Order, or Assignment Requirements

explain the concept of corporate personality and lifting the veil
analyze the advantages and disadvantages of
incorporation
describe the law on promoters and pre-incorporation contracts
explain the requirements for registration and
commencement of trading

apply the requirements for the memorandum to a given scenario
draw up the articles of association in a given scenario
evaluate the doctrine of ultra vires and its effect
explain the contents of a prospectus and listing
particulars
explain the different types of capital
assess the law on issue of shares, class rights and
dividends
discuss the law applicable to capital maintenance and insider dealing
describe the duties and powers of directors
explain the rules on the different types of meetings
discuss the law on minority protection
evaluate the rights of shareholders and debenture
holders
discuss rights on liquidation.

 

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BULAW 5916 Taxation Law & Practice
Paper , Order, or Assignment Requirements

Part 1

On 1 July 2016 Frank Lloyd commenced business as an architect. He operated as a sole proprietor from a converted garage at the rear of his residence. Much of his work consisted of preparing building designs and specifications for local council building permits but he quickly gained a reputation for quality drawings prepared within tight timeframes. By the end of 2016/17 he had a small client base of local builders and private referrals and billings (fees) of $75,000.

During the year (2016/17) Frank submitted a design as part of a national competition for
‘The Citadel’, the centrepiece of an ambitious urban redevelopment. His visionary design and revolutionary use of local materials left the judging panel speechless with admiration and, to national acclaim, he was awarded the prize and commissioned to build the structure. Immediately he borrowed $1 million, rented premises in Main Terrace, acquired state of the art equipment and employed six draughtsmen and two administrative staff. During 2017/18 his billings were $2.5 million.

Required 1: [Approximately 50% marks]

Should Frank return on a cash or accrual basis in 2016/17 and 2017/18?

You must refer to appropriate case law. Your answer must include (but should not be limited to) a discussion of the following:
• What factors affect the choice of a cash or accrual basis?
• Does Frank have a choice of the basis he adopts?
• Does the Commissioner of Taxation have a right to insist on a particular basis?
• Should Frank’s basis be the same in both years?
• Given the present availability of accounting software packages, in your view, is the traditional criteria for the cash/accrual distinction still relevant?

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Part 2

Ruby Engineering Pty Ltd [Ruby] was incorporated in 1990 and produced engine components used in the Australian car industry. In 2016 the business and company assets were sold to Diamond Ltd. Under the terms of the agreement, Ruby remained liable for any claims arising before 2016. The company used the funds to invest in real estate and shares.
During the year ended 30 June 2018 Ruby incurred the following expenses:

Required 2:
Advise the directors of Ruby Pty Ltd of the tax deductibility of the above amounts. You must make reference to appropriate authorities and legislation.
(a) Ruby has owned and rented a residential property since 2008. Rental income for the current year is $35,000. During the year the company replaced the old kitchen fittings, including cupboards that had deteriorated through water damage and wear and tear. The new cupboards were of the same type as the old ones and the kitchen layout was not altered substantially. The cost was $8,500.

(b) In another of the rental properties a visitor to the tenants slipped on the steps and sustained injuries requiring medical attention. She claims one of the steps was loose and commenced legal proceedings against the partnership alleging her injuries were caused by the poor condition of the building. Ruby incurred legal expenses to date of $7,000 and the action has not been settled at 30 June.

(c) In March 2015 the company owned sold a batch of parts that were subsequently found to be defective. The purchaser, an Australian car manufacturer lodged a claim for damages in the Federal Court. The claim was settled in November 2017 and the company paid an amount of $750,000 to the car manufacturer.

(d) The directors of Ruby were concerned about the claim in (c) and the effect it had on the year’s reported profit. They resolved to set aside a small amount of funds annually to meet any future claims. Accordingly, an amount of $100,000 was set aside in a provision in the accounts for the year ended 30 June.

(e) In August 2017 the directors of Ruby decided to investigate the possibility of re-entering the car parts manufacturing industry using a new type of alloy. An amount of $220,000 was paid to consultants investigating the proposal but, due to uncertainty in the motor vehicle industry, the directors decided not to proceed at the time.

Required 2. [Approximately 50% of marks]
Advise the partners and directors of Ruby Pty Ltd of the tax deductibility of the above amounts. You must make reference to appropriate authorities and legislation.

 

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Business Law-The Value of Fair Treatment in the Workplace
Paper , Order, or Assignment Requirements

The Value of Fair Treatment in the Workplace
The year is 2025 and the U.S. Supreme Court has declared all laws prohibiting discrimination in the workplace to be unconstitutional. In its opinion, however, the Supreme Court made clear that employers could voluntarily adopt policies and procedures prohibiting any and all forms of discrimination in the workplace. The Supreme Court also made clear that employers could voluntarily adopt hiring practices to diversify their workforces provided such practices did not include express preferences based upon immutable characteristics.

You have been hired as a consultant by a large, nationwide retailer to examine the business case for ensuring that all of the employee protections are found within the federal anti-discrimination laws, as well as the business case for prohibiting any other forms of discrimination in the workplace.

Write a four to six (4-6) page report in which you:
1. Analyze the benefits and costs of voluntarily prohibiting three to five (3-5) federal forms of discrimination prohibited under the federal anti-discrimination laws.
2. Discuss the benefits and costs of voluntarily prohibiting a form of discrimination not covered by any of the federal anti-discrimination laws.
3. State the benefits and costs of voluntarily adopting hiring and promotion practices designed to diversify the workforce.
4. Evaluate the ethical considerations of not voluntarily prohibiting the forms of discrimination laws examined in the first part of your report. Next, determine the ethical considerations of not voluntarily adopting hiring and promotion practices to diversify the workforce.
5. Provide a final recommendation to this retailer on whether or not they should ensure all, part, or none of the employee protections examined in the first part of your report. Your recommendation should also include whether or not the retailer should adopt hiring and promotion practices designed to diversify the workplace. Be sure to include a rationale for your recommendation along with an explanation for any rejections of contrary positions or other pertinent considerations.
6. Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not quality as academic resources.
Your assignment must follow these formatting requirements:
• Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
• Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
• Analyze and apply the concepts of ethical decision making, corporate governance and corporate social responsibility.
• Analyze and evaluate the employment-at-will doctrine and the statutory protections afforded employees.
• Analyze and evaluate issues in modern contract law.
• Use technology and information resources to research issues in law, ethics, and corporate governance.
• Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.

 

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CRJ325 Week 8 Case Study 3: Confessions And Admissions After A Request For A Lawyer
Paper , Order, or Assignment Requirements`

A suspect is apprehended in a large-chain grocery store by the security guard. The suspect is placed in handcuffs and taken to the manager’s office. The police are called and advised of the situation. Officer Jones arrives at the store approximately 12 minutes later. Officer Jones takes a statement from the security guard and views the in-store camera film of the shop lifting incident. Officer Jones places the suspect under arrest, reads the suspect the Miranda warnings, and asks the suspect if he would like to make a statement. The suspect replies, “No, I would like a lawyer”. The suspect is then transported to the local jail and booked. Five (5) hours later, the suspect is interviewed by a detective who again reads him the Miranda warning. The detective then asks the suspect if he would like to talk. The suspect says, “Yes”. He eventually confesses to the crime.

Write a one to two (1-2) page paper in which you:
Identify and discuss the constitutional amendments that would relate to this situation.
Discuss how the Edwards Rule is related to this situation.
In your opinion, determine if the suspect’s confession to the detective is admissible.

Use at least two (2) quality references.
Note: Wikipedia and other Websites do not qualify as academic resources.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date.
The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:
Research and analyze procedures governing the process of arrest through trial.
Critically debate the Constitutional safeguards of key Amendments with specific attention to the 4th, 5th, 6th, and 14th Amendments.
Explain key law enforcement regulatory procedures and rules and requirements of law enforcement in the evidence collection phase.
Explain and debate fundamental Supreme Court cases associated with criminal procedure.
Use technology and information resources to research issues in the criminal procedure.
Write clearly and concisely about the criminal procedure using proper writing mechanics.

 

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