Assignment Task:
Corporations Law Assignment Help

Question 1
Michael owns a restaurant in Parramatta’s busy Church Street precinct. His restaurant is very popular and he recently purchased another restaurant in Blacktown to add to his portfolio. Michael has been running the business until now for 30 years as a sole trader. Michael’s business is flourishing. After completing their Bachelor of Business degree, his two sons, Adam and John, recently decided to join Michael’s business. They see opportunities opening up in new markets and would like to expand the business even further. They want the family business to be in a form that would allow it to expand as necessary and also make it easier to raise the capital
required for this expansion. They have also heard that there are tax benefits in operating a business through a company structure rather than as a sole trader or partnership.

Adam and John persuade their father to take advice on turning the family business into a family-run company. There is some contention regarding the naming of the company. Michael prefers to keep the current name of the business, whereas Adam and John prefer the name “Sicilian Treats”. Michael is skeptical about the idea of incorporating as he thinks this business structure is not suitable for small businesses like his. He doesn’t understand the effect of a company business structure or what the advantages would be for his business. He also is afraid that there are only disadvantages and that his two sons might try to push him out of the business. Michael wants to make sure that he retains control if the ownership of the business.

AdviseMichael and his sons of the steps that need to be taken to incorporate and registered company and the advantages and disadvantages of running the business as a company. You should also advise Michael on all the other concerns which he mentioned.

Question 2
George is contracted as a salesman by Golden Gate Technologies (GGT) Ltd, which develops software that make businesses more efficient in their workflow. Golden Gate Technologies is very well known for having a good product. George’s contract specifically stipulates that he is allowed to offer discounts of up to 10% for sales but not more! Anything above 10% requires approval from his manager.
 

One afternoon, George was approached by Brendan, who is the CIO (Chief Information Office) for Poolworths Ltd, a large supermarket company based in New South Wales. Brendan is tasked by his Poolworths with the job of buying new software to make his company’s work-flow more efficient. Brendan says that he is looking to buy $2 million worth of software from GGT Ltd. George hasn’t had much luck with sales in recent months and is therefore very keen to get Brendan’s business and promptly offers him a 15% discount. Brendan is very happy with this offer and said he would get back to George within a day.

When he returns to his office, Brendan tells his colleague Justin about the offer from George. Justin is skeptical about the deal as he had never heard of such a huge discount. He even said to Brendan that “I have never heard of such a huge discount, are you sure George is even allowed to offer such a deal? I suspect he may not be allowed to do this.” Brendan is adamant however, that this deal would be by far the cheapest of all the offers he has received and that Poolworths
should therefore go ahead with the deal.

Brendan emails George that he accepts his offer and that he will come to GGT’s offices to sign the contract the following week. When Brendan arrives at GGT’s company offices the following Monday, the Manager of Golden Gate Technologies refuses to accept the deal, sign the contract or hand over the software, saying that George had no authority to give a 15% discount. Advise Poolworths Ltd as to their legal position citing relevant legal authority. You must assume that all facts can be proved in court.

Assessment Criteria
Fail
You will have shown evidence of the following:

• the written expression is poor and difficult to understand (spelling and grammar require improvement)

• the answer is poorly organised

• referencing is generally inadequate

• lack off amiliarity with thelegislationanditsapplication

• failure to identify and address the issues in the question

• reasoning and application of law demonstrated is poor.

Pass
You will have:

• made a conscientious attempt to address the topic and/or answer the question

• shown evidence of having done the required reading and of having understood the reading 

• presented a reasonable argument to back up your conclusions

• demonstrated a reasonable level of spelling and grammatical usage

• used referencing but this may need improvement

• issues that may need to be identified and addressed in more depth.

Credit
You will have:

• addressed the topic and/or answered the question directly

• presented soundly based arguments and backed these up with reasons

• gone beyond description to analysis of key issues

• used the English language well

• shown evidence of reading widely

• demonstrated understanding of the reading

• used referencing that is satisfactory.

 

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  • Posted on : November 04th, 2018

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