Eva and sarah seek your advice on the proposals

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Reference no: EM131930623

ASSIGNMENT QUESTION

Tramp Industries Ltd is a company which runs a chain of hotels and golf courses. There is one class of ordinary shares in the company. Dan, Melanie, Jarrod and Eva each hold 20% of the shares. Dan is managing director, and the other two directors are Eva and Sarah, their accountant, who does not own any shares in the company. The remaining 20% of shares are owned by numerous small shareholders, with each owning no more than 1%. One of those small shareholders is Steve. Steve is upset by Dan's racist and sexist comments at annual general meetings, so Steve often asks probing questions about the company's profitability and its plans for the future at those meetings. All three directors find this annoying and embarrassing.

Assume that the company relies on the replaceable rules in the Corporations Act 2001. Dan, Eva and Sarah seek your advice on the following proposals:

PROPOSALS

1. Explain whether the company in general meeting can pass a resolution to put a new term into the company's constitution that would allow it to compulsorily acquire the shares of anyone holding less than 5% of the company's share capital.

2. What steps would the company have to take if it wanted to decrease the rights of some of the small shareholders to vote at annual general meetings?

NOW ASSUME THAT

3. Eva always agrees with everything Dan says. Assume now (ignoring Proposals 1 and 2 above) that Jarrod and Melanie are tired of Dan dominating the decision making of the company's board. Many of the small shareholders agree. Can Jarrod and Melanie call an extraordinary meeting of shareholders and put a resolution that Dan be removed as director of the company? If so, explain what has to happen for this to take place.

Verified Expert

This Is An Individual Project Of Corporate Laws, Where We Are Supposed To Make A Suggestion On The Rights, Duties, Power, And Responsibilities Of A Board Of Directors And Small Shareholders And Other Similar Groups, The Given Case Present A Different Circumstance For Shareholder From Where We Are Reporting According.

Reference no: EM131930623

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Reviews

len1930623

4/6/2018 2:00:13 AM

There is no obligation to use all 1,500 words. However, we expect that you will need most of those words to be able to answer the question fully with thorough discussion and proper use of cases and legislation. The collaborative work statement for this assignment is Code 2. This meansthatstudents are permitted to discuss the topic of the assessment task in general terms and to share ideas with others, but all research (where applicable to the task) and written work must be the student’s own work.

len1930623

4/6/2018 2:00:00 AM

Weight The mark awarded will be 15% of your final grade in this subject, and the assignment is marked out of 30. There are no specific marks allocated to the individual questions and there are no word limits for individual questions. DEAL WITH EACH QUESTION SEPARATELY AND IN THE PRESCRIBED ORDER. The maximum word limit for the whole assignment is 1,500 words.Code 1 applies. This means that any excess words will incur a penalty. Any penalty incurred will be equal to 5% of the total available marks for the piece of work for each 5% or part thereof by which the number of words exceeds the applicable word limit. Headings are not included in the word count. See the Reading Guide pages 9 to 10 for further information about the assignment. See the Reading Guide pages 29 to 33 for advice about legal writing.

len1930623

4/6/2018 1:59:40 AM

Due Date: The assignment is due at 9am on Monday 9. Follow the electronic submission instructions in the Reading Guide. This assignment is compulsory. Submission: Your answer must be submitted through the subject page by the due date to be considered for assessment. Instructions on submitting your answer via the subject page will be posted on the subject page. You must attach the ‘Assessment Coversheet’ (available on the subject page) to the front of your answer. Any answers submitted without the ‘Assessment Coversheet’ or with an incomplete coversheet will not be assessed and will receive a mark of 0.

len1930623

4/6/2018 1:59:34 AM

NOTES Only answer this question based on the material in Lectures 1 – 4 DO NOT discuss directors’ duties or the oppression remedy. Where necessary and appropriate, answer each question with reference to the Corporations Act 2001 and applicable general law. Please make sure you follow the instructions in the Reading Guide for preparing and submitting your assignment. Your attention is particularly drawn to its warnings about plagiarism and collusion on pages 15 - 16. Your answer should deal only with matters covered in Lectures 1 to 4. Material dealing with later topics will be ignored. Do not discuss the oppression remedy or directors’ duties. No bibliography is required. Case citations (eg Salomon v Salomon & Company [1897] AC 22) can either be in the body of the answer or in footnotes. Section numbers of legislation should be in the body of the answer, and no further footnoting is required.

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