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Indicators of phoenix activity
Stakeholders noted that there are a range of 'signals' or 'indicators' that phoenix activity may be about to occur. These generally occur before the company has been liquidated and thus, can be considered leading indicators of phoenix activity. These indicators include:
- the company fails to lodge tax returns and/or Business Activity Statements
- the business records and/or taxation records significantly understate or overstate the operations of the business, including debts owed
- withheld payments such as PAYGW, superannuation and child support payments are kept by the business
- workers are pressured to take leave
- workers have their employment status changed from permanent to casual
- workers are underpaid
- equipment, machinery and uniforms are not replaced as needed.
XYZ Ltd has 1000 members and it has adopted a constitution. Matt is one of the directors of XYZ Ltd. Matt has made a gift of $10,000 to his wife, Melissa out of the Company's funds
Schemes of fraud: Auditors must not be made liable for not tracking out ingenious and carefully laid schemes of fraud whenever there is nothing to arouse their suspicion, and
Legal Pyramid: However the sources of England law mentioned above may be described through the aid of the following diagram or "legal pyramid"; NOTE: there as;
Removal of Directors: By s.185(1) a company may by ordinary resolution remove a director before the expiration of his period of office, but notwithstanding anything in the art
how do i answer a problem question in law base on the law of contract for final assesment
In the paper Action against Fraudulent Phoenix Activity: Proposals Paper, Treasury made a range of recommendations to amend director's liability provisions and taxation law. Rec
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