Australian Securities and Invest commission †MyAssignmenthelp

Question: Discuss about the Australian Securities and Invest commission. Answer: Introduction: Class action had been led against the firm Slater and Gordon as it had misrepresented its financial prospects. The Rival firm Maurice and Blackburn had led the class action. This class action involved 250,000 dollars and 3000 members. It was alleged by the share holders that the firm had misrepresented its financial position after it suffered a loss by acquiring a division of the company Quindells. It had been alleged by Plaintiff Matt Hall that he had relied on the misrepresentation of the Law Firm and subsequently lost a million dollars as the price of the shares had fallen drastically. He further accused the firm to have knowledge about the financial trouble it was likely to face, however it failed to disclose the same to the public. It had been accused by Mr. Watson, a shareholder of the firm that the firm had misrepresented its financial prospects. The rules regarding the operations of the company are governed by the Corporations Act 2001 (Cth) It is the duty of the Australian Securities and Invest commission (ASIC) to implement the rules as provided in the Corporations Act[1]. Section 183 of the aforementioned act states that it is the primary duty of the directors to act in good faith and in the best interest of the company and the shareholders. It has been provided in section 674 if the Corporations Act 2001 (Cth) that companies and corporations are required to continuously disclose information and material facts in accordance with the listing rules. . Section 728(1)a states that a person cannot offer securities by disclosing any document which is misleading or deceptive in nature. Section 728(2) of the Corporations Act states that any person who provides a statement about a future event without reasonable grounds or information to believe that such statement is likely to have effect in future, would be considered to be a mis statement. It can be said in accordance with the provision as provided in section 728(3) that any person who produces misstatement or omits to mention new circumstances that have arose will be held to have violated the provision of 728(1). Section 1041 A states that any person who is engaged in business must not undertake any act which is likely to effect the creation of an artificial prince for the purpose of trading the financial market or financial product. It has been clearly provided in section 1041B that a person should not commit any act or omit to do any act which is likely to have a misleading and false appearance. It has been provided through the facts of the case study that the Law Firm Slater and Gordon mis represented the financial prospects of the firm. The shareholders of the firm had relied on such statements and had sustained losses subsequently. Thus the firm breached the provision of 728(1) of the Corporations Act. The firm also did not comply with the legal provisions as mentioned in section 674 of the corporations act which makes it mandatory for businesses to continuously disclose material facts and information. The directors of the firm also did not act in good faith and in the best interest of the company and the shareholders and therefore breached the provision of section 183. The issue that exists in the given scenario is what options are available to the law enforcement agencies and the directors of the firm in relation to the legal issues as discussed above. It is to be stated that the Australian Securities and Investment Commission has obligation to enforce the legal provisions as provided in Corporations Act 2001 and regulate the operations of the companies Australia. The case Australian Securities and Investments Commission v Sino Australia Oil and Gas Limited (prov liq apptd)[2] in which siilat issues had been raised and discussed. It has been clearly provided in section 1041H that no person should indulge in activity which is likely to mislead or deceive people especially in relation to disclosure of information about the financial products and services. If it is found that any person has contravened this section, such person is likely to incur civil liability. The court has the authority to disqualify a person to hold the post of a director if it is notified by the ASIC and if it is convinced that the director breached his duty in accordance with section 206 of the CA. In order to assess whether a director should be disqualified or not the courts generally take into consideration: The directors conduct in relation to managing the company Any matter which is necessary to be taken into consideration and held to be relevant by the court. Section 1317e of the Corporations Act lays down the provisions of civil penalty. It has been provided in this section that courts have the power to make a declaration of the convention. However, the declaration of the court is required to have the civil penalty provision that had been breached, name of the breaching party and the name of the court which is passed the declaration.. It has been provided in section 1317s that the courts have the option to relieve a director of his liability partially or fully if it is convinced that the director had acted honestly while breaching his duty and contravening the civil liability provisions. Thus by analyzing the facts of the given scenario, it can be stated that the law firm Slater and Gordon had given statements about its financial prospects which were likely to mislead and deceive the public in accordance with the provision of section 728 of the Corporations Act. Therefore as provided in section 1041H the directors of the firm would incur civil liability. The Australian Securities and Investment commission can start proceedings against the company for breaching the aforementioned sections. Further it can be stated that the ASIC can bring charges of breach of directors duty to act in good faith and in the best interest of the share folders of the company as per the provisions of section 183. If it is established that the directors had breached their duties, they will incur a civil liability as per the provisions of section 1315e. The principle of the corporate veil had been established in the landmark case Salomon v. Salomon and Co. Ltd.[3] In this case it had been held that a company should be treated as a separate legal entity and it should be differentiated from its owners. This had given rise to the concept of the corporate veil. The courts in general bound by this principle they do not hold the members of the company liable for the liabilities incurred by the company. However, in the case Jones v. Lipman[4] the courts had decided to pierce the corporate veil and disregarded the principle of the separate legal entity of the company. The courts generally lift the corporate veil if it assesses fraudulent activity is being carried on behind the veil of the company.. In this case Prest v Petrodel Resources Ltd[5] it had been held that the corporate veil can be lifted under statutory provisions. Therefore in accordance with section 1041H of the CA it can be said that the director would incur civil liability fo r breaching the section 728 of CA. In the given case study it has been provided that there had been misrepresentation of the financial prospects of the law firm. The shareholders had relied on such information and suffered major loss. It is evident in this case that the directors breached the provision section 728 and incurred civil liability as provided in section 1041H. Further in this case the directors had failed to act in good faith and in the best interest of the company of the company and the shareholders of the company according to section 182 of the Corporations Act. It has been provided in this section that any person who contravenes the provisions of this section will be personally liable. Thus it can be stated that the corporate veil in this can be lifted due to the statutory requirements of Corporations Act. Reference List: Corporations Act 2001 (Cth) Salomon v. Salomon and Co. Ltd. (1897) A.C 22 Securities and Investments Commission v Sino Australia Oil and Gas Limited (prov liq apptd)[2016] FCA 42 Jones v. Lipman [1962] 1 WLR 832 Prest v Petrodel Resources Ltd [2013] 2 AC 415.

The Impact of Information Technology on Public and Private Life Essay Example

The Impact of Information Technology on Public and Private Life Essay Introduction There can be no doubt that information technology has had a big impact on our public and private lives and society in general. In the last 5-10 years we have seen a huge change in the way people communicate using information technology, with the likes of electronic messaging such as emails, texting, Facebook and many more social networks. Information technology has brought the world together and, in fact, made it much smaller by been able to share information at a touch of a button. In the course of this essay, I intend to focus on two key areas and examine their role both in our work and private lives. The key areas I have chosen are; social media and mobile phones. â€Å"Worldwide, there are over 1.71 billion monthly active Facebook users, which is a 15% increase year over year† (source: Facebook as of 7/27/16) We will write a custom essay sample on The Impact of Information Technology on Public and Private Life specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Impact of Information Technology on Public and Private Life specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Impact of Information Technology on Public and Private Life specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The impact of Information Technology on Public and Private Life When using social media for public life, it can be good and bad. It helps people communicate with people from their past or who have had to move away, but at the same time, it can be bad for a variety of reasons. I want to focus more on how businesses have had to move with the times and how they have benefited from the use of social media. Nearly all businesses that do lots of advertising have started using social media as a source of advertising. As there are so many people using social media, it’s easy for a business to post things for everybody to see. If someone sees a product they like, there is so many ways and easy ways to purchase it by means of on-line banking or one of the world’s biggest on line paying system Paypal. Facebook has quickly become the most popular and cheapest way to advertise their business. A lot of start-up businesses would be inclined to use Facebook as their main source of advertising because of their scale of people their advertisement can reach and it’s cheap. Social media in private life in today’s life plays

APUSH Cotton Sample Essay

APUSH Cotton Sample EssayFor your APUSH COTTON sample essay, you have to find a method that will be simple and easy to use. You may find other methods such as having to take multiple tests but you should not take this to mean that these types of tests are easy to do. A good way to help you decide if these types of tests are good for you is to decide if it would help if you took practice tests. Taking practice tests will give you the ability to see how much time it will take you to answer certain questions on the actual test, if it is a multiple choice question then you will have to decide how many correct answers to try before the correct answer will show up.There are many different types of essay samples and you should do your research to figure out which one will work best for you. This will help you find the type of essay you will be most comfortable with so that you do not get stressed when taking it. For your APUSH COTTON sample essay, you will need to choose a topic that intere sts you. If you are having trouble choosing then you can always use the internet to find different articles and short stories to use.In order to choose the topic for your essay, you will need to read through a study guide. Some study guides that are sold online are not meant for people who are new to writing essays. Many times they are not written by experienced writers who want to share their knowledge with other students so that they can become better at their craft. The other problem with these guides is that they will not help you with your topic selection. The best ones will come with free tips on essay topics so that you can find the right one for you.The very first and most important part of your essay is how to write it. You will need to make sure that you know what is expected of you when it comes to the essay. You should be able to outline the parts of the essay and how the words relate to each other so that you will not forget to do something during the essay process.Make sure that you explain any subject matter that you do not want to be used in the essay, for example you should not use bad grammar or a biased opinion because they may reflect badly on you. You should also make sure that you never use obscenities or swear words in your writing, especially if you are in school. Using vulgarity can be damaging to your reputation as well as your grade so you should try to stay away from it.Another thing that you should be aware of when creating a sample essay is the proper amount of detail. It is necessary to include the background information that will make the whole essay interesting. You should try to give enough detail on the topic so that it is easy to understand. Most often the introduction and conclusion are not listed in the guidelines so make sure that you include them so that you do not overlook them. Also, you should write out the essay outline so that you know where to go next.When composing your essay, you should take into consideration th e fact that it will not be read until after all of the other essays have been submitted. To make the process easier on yourself, you should take the time to check out the guidelines to see if there are any that you are missing out on. This is a big mistake for some students and they will skip ahead to the middle of the process because they think they did not get any requirements for the end of the process.In conclusion, you should consider all of these steps when creating a sample essay. Even though it will not be read, you should still make sure that you use them to your advantage so that you can make the process easier on yourself.

How to Select Quotes for an Essay

How to Select Quotes for an Essay Any kind of creative work needs some kind of inspiration. If you have to write an essay, you need to think of a couple of original ideas and express them in your work. However, your ideas might not be understood, no matter how insightful or suitable they are. Often your knowledge and skills are just not enough. Thats exactly the time you should find some quotes to support your arguments. Choosing a quotation is not as easy as it may seem at first. There are a couple of points to consider. You need support from a source that is considered reliable. That means the writer or creator of the source should be considered an expert in that field. Furthermore, the quote should come from a scholarly source, preferably peer-reviewed. You should consult your online school database for sources first. Checking the credibility of a quote on a website is a bit more difficult, yet not impossible. The author of the source should be listed, as well as a publishing date or update. Besides knowing that the author is an expert in the area in which you are researching, the author’s affiliation with an organization should also be provided. When in doubt, you can always ask your teacher for an advice. Using quotes is like using salt when cooking soup: too much is bad and too little is also bad. So, use a quote only when its needed. For example, if you state an argument, you may want to support it with evidence provided by a well-known scientist. On the other hand, you may want to argue that a point some authority expresses is contradictory or not true. You might also use two quotes with contrasting ideas and then dwell on the differences in the viewpoints of the two authors. Another instance where quotes are necessary is in providing evidence or statistical data from reliable sources. Once youve identified the extract from a book or an article you want to cite and determined a reason for doing so, you must quote correctly. Use double quotation marks to identify the sentence taken from another source. Single quotation marks are used to indicate a quotation inside a quotation. Also, all the commas and full stops should be left within the double quotation marks. Use three dots (an ellipsis) if you dont want to use the full sentence (†¦), and use brackets ([example]) if you want to insert your own words to make a quote clearer to the reader, for example when the quote is not so clear without the context it was originally used in. Finally, you need to cite the source for your quote, using the appropriate formatting rules. Otherwise, if you use a quotation incorrectly, without quotation marks or without citing the source, it may be regarded as plagiarism. This is the last thing you want to happen to you. As you can see, knowing how to use quotations is a must for every student, and you are no exception. So, we hope you can use all these tips in writing a high quality, scholarly paper. CustomWritings.com is one of professional essay writing services which can help you with writing your academic essay on any topic. Dont hesitate to contact us!

ShoreIndie Webinar How to Refine your Novels Blurb and Opening

ShoreIndie Webinar How to Refine your Novels Blurb and Opening ShoreIndie Webinar: How to Refine your Novel's Blurb and Opening Pages A free webinar for authors: Saturday, May 20th | 12pm EST (New York) | 9am PST (Los Angeles) | 5pm BST (London). Register below!#mc_embed_signup{background:#fff; clear:left; font:14px Helvetica,Arial,sans-serif; } /* Add your own MailChimp form style overrides in your site stylesheet or in this style block. We recommend moving this block and the preceding CSS link to the HEAD of your HTML file. */ The blurb and the opening lines of a novel act as an invitation for the reader to keep reading. Just like your cover, they need to hook the right readers in and clearly identify your novel's genre.But there is more to a blurb than just a good hook. How you word your blurb, along with the categories and keywords you choose,  are the main factors that'll get Amazon's algorithms to "place" your book in front of the right reader. This is what makes writing it such a crucial and tricky exercise.Fortunately, we've got you covered! We have partnered with ShoreIndie  to put together an exclusive (and free!) webinar to help novelists refine their blurb and manuscript opening. The webinar will feature two top Reedsy fiction editors, Rebecca Heyman and Katie McCoach, along with a professional book marketer: Bree Weber. Together, they'll teach you:How to write a strong "hook" in your blurbHow to optimize your blurb, title, and other metadata to leverage Amazon's algorithmsHow to refine your opening pages to hook readers in and keep them  engagedAnd we'll finish with an extended QA session where you'll be able to get their expert opinion on  your novel!The webinar will run on Saturday, May 20th, at 12pm EST (New York) | 9am PST (Los Angeles) | 5pm BST (London). Sign up below and we'll send you all the info you'll need to join!Note:  A replay will be made available after the webinar, along with some bonus content. So even if you can't attend live, sign up below to make sure you get the replay and bonus content!#mc_embed_signup{background:#fff; clear:left; font:14px Helvetica,Arial,sans-serif; } /* Add your own MailChimp form style overrides in your site stylesheet or in this style block. We recommend moving this block and the preceding CSS link to the HEAD of your HTML file. */

The Business of Health Care Essay Example | Topics and Well Written Essays - 3000 words

The Business of Health Care - Essay Example This paper seeks to determine the extent to what the health care can be a business, and seek evidence that may suggest the cost and quality improvement of the health care. The business aspect of health care encompasses the entire system, from financial analysis to personnel management. Similar to other businesses, the health care providers need qualified individuals for the management of resources, finance, database and computer systems, and other aspects of the health care administration. Those concerned with health care management essential deal with the ‘business side’ of the health care system, which include budget and staff needs, databases, accountability, and organizational systems. These personnel prepare reports on funds or resources allocation, focus on improving efficiency by ensuring that patients enjoy timely access to health care services, and engage in reorganization of departments through streamlining processes as well as assisting employees to achieve th eir best productivity (Greener, 2007:258). Small physicians and private practice groups may only require the services of a single administrator or a few staff members, but large organizations with a relatively higher number of physician, nurses, and surgeons may require an entire department to keep operations running smoothly. In recent times, the debate over the increasing costs of the health care system has sparked different opinions and proposals from scholars and experts in the field. Additionally, studies and research show that the health care system is less than ideal. These two factors constitute a significant problem to the system. There are numerous possible causes of these deficiencies, including the rapid development of technology, poorly informed customers, difficulties in measuring the performance of providers, resistance by providers to embrace information technologies and other potentially quality-improvement techniques. Turnover of workers and enrolees among employer s and insurers, administered prices, and delayed impact of investment in health promotion. A portion of health services researchers argue that National Health Service, a United Kingdom health care system, should lead the way in effort to promote quality healthcare in the UK and the rest of the world (Department of Health, 2008:6). There are many key stakeholders in the health care system, including the government, consumers, health plans, providers, hospitals, health insurers, and pharmacy-benefit managers, although the private sector is also an important catalyst for improving the health care. This is so because, first, more than 160 million non-elderly employees receive health insurance from their employers. Second, employers provide a substantial amount of compensation to employees in form of health insurance. Third, a section of employers is leading initiative to assess the quality of health care and hold providers accountable. Fourth, private employers may move focus to the pub lic sector after conviction that investing in the programs that seek to improve the quality of the health care services is profitable. There are two important points worth noting in this context. One, improving the quality of he

For Now, Fed Succeeding by Doing Nothing Essay Example | Topics and Well Written Essays - 250 words

For Now, Fed Succeeding by Doing Nothing - Essay Example The decreasing gross domestic product and the increasing bond rate is an indication the stagflation may be the next condition of the economy. In a report released by the commerce department showed that GDP has decreased to 2.2 percent, from its original 5.6 percent (Schoen, 2006). Following the speculations of various Fed watchers, Schoen has come up with the conclusion that the economy at this moment can move in any direction given the corporate landscape where companies are paying good dividends and at the same time the stock prices need to be improved. In order for us to understand Schoen’s direction of thinking, we have to understand how interest rates impact the economy in general and how the Feds have been able to control inflation and initiate economic growth. However, we can question the fact that the stable interest rates can also lead to stagflation given the condition of the economy. The stable interest rate may not have the desired effect as inflation continues to increase. If we take this line of reasoning seriously, we will realize that this is a time where the corporate world can come to help by developing strategies to improve stock prices. If we fail to take this line of reasoning seriously, we may go speculating the direction of the economy and grow pessimistic at the forecasts being released. The author, in this article, is presenting his own conclusion of the speculation of the Fed