Thursday, January 30, 2020
Inventory Stratification Essay Example for Free
Inventory Stratification Essay Creating shareholder value is the ultimate goal of all businesses, so all processes should be directly tied to it.(1) The wholesale distributorââ¬â¢s core business process framework is a collection of process groups called 7S source, stock, sell, ship, supply chain planning, and support services. Linking these process groups to shareholder value are the process metrics ââ¬â percentage of slow moving inventory; and the financial framework. This framework consists of the financial elements ââ¬â inventory; the financial key performance indicators ââ¬â GMROII; and the financial drivers ââ¬â profitability. Inventory stratification is a specific business process under the inventory management subgroup in the stock process of 7S. Like most processes there is a common, good, and best practice for inventory stratification. Inventory stratification which includes the GMROII (gross margin return on inventory investment) method of A, B, C, D, X and Y items is considered best practice. A, B, C, and D represent items in inventory ranked by percentage of profitability from higher profitability down to zero profitability respectively. X and Y represent items with zero inventories, X represents items with gross margin dollars and Y represents items without any gross margin dollars. GMROII focuses on the items profitability making it a financial driver and is considered best practice. However, for optimal inventory stratification solutions, the final rank should include a combination method of the GMROII method; sales volume method ââ¬â representative of customer-centric data; and the hits method ââ¬â representative of logistics based data. Once the weighted combination data is compiled, best practices can be implemented throughout all the 7S processà groups and in every section of the financial framework linking inventory stratification (process) directly to four financial drivers: asset efficiency, profitability, cash flow, and growth. These four financial drivers increase ROI (shareholder value). With inventory stratification complete sourcing has integral data to complete best practice process metrics for supplier management. Supplier stratification can help a firm modify their supplier base into one that is profitable and efficient for all channels within the supply chain. Supplier scorecards can be created which leads to numerous financial elements being increased. Inventory stratification is key for best practice levels in determining the right number of suppliers as inventory stratification status of the product in terms of movement and profitability. This indirectly defines the required customer service level as well. With supplier performance improvement, higher satisfaction rates evolve both with the distributor and further more with the customer.. If the distributor is tracking the supplierââ¬â¢s performance and is able to having periodic meetings with their supplierââ¬â¢s based on the results of the scorecards this will drive efficiency and supplier performance improvement. Also, higher supply chain reliability occurs since the supplier knows where the distributors need increased satisfaction levels to be able to continue servicing their customer at high standards. If the scorecard says the supplier is lacking in the area of competitive pricing the distributor then has the data to begin price negotiations. This knowledge allows sourcing through the subgroup supplier management to eliminate suppliers who only provide C and D items finding the right number of suppliers for the organization. Eliminating C and D items reduces inventory and increases GMROII. You now have the option of reinvesting the resulting capital into A and B items, paying back loans, or other business opportunities. In the debt reduction case, the impact can be readily seen on the balance sheet. The investment in A items leads to further sales opportunities. The reinvestments and its associated expected inventory turns will help in calculating additional revenue and resulting improvement in EBITDA. Reinvestments can also be for capital purchases to position the business for future growth. Inventory stratification also affects the ship and store segments of the 7S process group. With the knowledge that can be obtained from the data slow moving items can beà removed from branch inventory and a Regional Distribution Center (RDC) may be implemented. This allows the branches to carry more A or B items, or simply to reduce their inventory cost. RDCââ¬â¢s are usually able to operate with less inventory by sales volume. Labor expense is also reduced driving profitability to the shareholders. Inventory stratification is the primary driver for sales forecast and helps populate fill rates by rank. Forecasted demand combined with lead time and safety stock is the primary component to reorder point. Inventory stratification minimizes the normally time consuming forecast process both with information systems resources and with human resources. The best practice forecasting model is driven off the inventory stratification and is therefore driven by the sell segment, this numerically factual forecast will be void of the emotional forecasting of the sales force. Marketing can use the inventory stratification to process what customersââ¬â¢ needs are or what customers are interested in. Inventory stratification is integral in both customer stratification which once completed and redeployment of the sales force has occurred additional revenues are recognized and cost to serve are reduced again driving profit to shareholders. Customer service often drives large, inefficient inventories in an attempt to be all things to all people. Shareholder value seeks to carry only profitable products, at reasonable levels, producing maximum sales, while also increasing market share. Inventory stratification is an integral part of this process. (1) Optimizing Distributor Profitability: Best Practices to a Stronger Bottom Line, by Senthil Gunasekaran, Pradip Krishnadevarajan, F. Barry Lawrence, NAW Institute for Distribution Excellence 2009.
Wednesday, January 22, 2020
Tiger Woods :: essays research papers
Tiger Woods Tiger's Real Name: Eldrick Woods. The nick-name "Tiger" was given to him by his father. It's the same nick-name of a South Vietnamese combat buddy, Nguyen Phong, who saved Tiger's father's life a few times in the Vietnam War. Rumor had it that Tiger was planning to official change his name to Tiger Woods when he turned 21 this past December but sources say he didn't do it for some reason. Tiger's Dad: Green Beret Lieutenant Colonel Earl Woods served 2 Tours of Duty in the Vietnam War. Tiger's Mother: Kultida (Tida) Woods. Her maiden name is Kultida Punsawad. Tiger's parents met in Bangkok, Thailand. They got married in 1969. Tiger Born: December 30, 1975 Long Beach, California. Tiger now lives in a new home in Isleworth, Florida. Near the west side of Orlando. Tiger moved to Florida because of the great golf weather and because he is always flying and time zone changes tired him out as he alway lost time when having to fly back to California. Tiger's Ethnicity: African, Thai, Chinese, American Indian, and European. Tiger's Religion: Tiger believes in Buddism. Not every aspect, but most of it. Tiger was 11-months old when he first started swinging a sawed off golf club in his garage. Some sources say he was actually 10-months old. Tiger's Education: In the 7th grade Tiger had a GPA of 3.86! (Now there's the real important stuff.) Tiger spent 2 years at Stanford University in California majoring in Business. Tiger has 2 half brothers and 1 half sister from his fathers first marriage. Tiger loves McDonalds (CheeseBurgers) and Taco Bell. Tiger's Caddy (Guy who carries Tiger's clubs for him): Mike "Fluff" Cowan, used to caddy for another pro, Peter Jacobsen. Tiger's Driver (Big Golf Club) is only 43-inches long, an inch shorter than most clubs used by other professionals. Tiger's Driver Club head is moving at an average speed of 122 mph at impact with the ball. Tiger uses a soft-covered three piece golf ball. My source says he uses the Titleist Pro 100. Others say he also uses the Titleist Pro 90. Tiger has a 35-inch sleeve length. (I know everything!) Tiger has a 28-inch waist size. (He's much stronger than he looks!) Tiger's Golf Coach: Butch Harmon Tiger's Agent: Hughes Norton of International Management Group Most Recent Award: ESPY (ESPN) Award "Breakthrough Athlete of the Year" Tiger is working on 2 golf books with Warner-Books he's getting paid $2.2 Million for them. Tiger's first professional win was the 1996 Las Vegas Invitational. He won $297,000. Tiger's Girlfriend: NONE. Actually, rumor has it that Tyra Banks (The SuperModel) is interested in him. Tiger Woods :: essays research papers Tiger Woods Tiger's Real Name: Eldrick Woods. The nick-name "Tiger" was given to him by his father. It's the same nick-name of a South Vietnamese combat buddy, Nguyen Phong, who saved Tiger's father's life a few times in the Vietnam War. Rumor had it that Tiger was planning to official change his name to Tiger Woods when he turned 21 this past December but sources say he didn't do it for some reason. Tiger's Dad: Green Beret Lieutenant Colonel Earl Woods served 2 Tours of Duty in the Vietnam War. Tiger's Mother: Kultida (Tida) Woods. Her maiden name is Kultida Punsawad. Tiger's parents met in Bangkok, Thailand. They got married in 1969. Tiger Born: December 30, 1975 Long Beach, California. Tiger now lives in a new home in Isleworth, Florida. Near the west side of Orlando. Tiger moved to Florida because of the great golf weather and because he is always flying and time zone changes tired him out as he alway lost time when having to fly back to California. Tiger's Ethnicity: African, Thai, Chinese, American Indian, and European. Tiger's Religion: Tiger believes in Buddism. Not every aspect, but most of it. Tiger was 11-months old when he first started swinging a sawed off golf club in his garage. Some sources say he was actually 10-months old. Tiger's Education: In the 7th grade Tiger had a GPA of 3.86! (Now there's the real important stuff.) Tiger spent 2 years at Stanford University in California majoring in Business. Tiger has 2 half brothers and 1 half sister from his fathers first marriage. Tiger loves McDonalds (CheeseBurgers) and Taco Bell. Tiger's Caddy (Guy who carries Tiger's clubs for him): Mike "Fluff" Cowan, used to caddy for another pro, Peter Jacobsen. Tiger's Driver (Big Golf Club) is only 43-inches long, an inch shorter than most clubs used by other professionals. Tiger's Driver Club head is moving at an average speed of 122 mph at impact with the ball. Tiger uses a soft-covered three piece golf ball. My source says he uses the Titleist Pro 100. Others say he also uses the Titleist Pro 90. Tiger has a 35-inch sleeve length. (I know everything!) Tiger has a 28-inch waist size. (He's much stronger than he looks!) Tiger's Golf Coach: Butch Harmon Tiger's Agent: Hughes Norton of International Management Group Most Recent Award: ESPY (ESPN) Award "Breakthrough Athlete of the Year" Tiger is working on 2 golf books with Warner-Books he's getting paid $2.2 Million for them. Tiger's first professional win was the 1996 Las Vegas Invitational. He won $297,000. Tiger's Girlfriend: NONE. Actually, rumor has it that Tyra Banks (The SuperModel) is interested in him.
Tuesday, January 14, 2020
E-Marketing study notes
Owned Media: carry communication megs from the org to net users on owned channels(our site) Paid media: properties owned by others who are paid to carry promotional megs (advertising) Earned media: when Individual's conversations become the channel (WHOM) Media type Definition: Examples: The role Benefits Challenges OwnedChannel a brand controls Web site, mobile site, blob twitter account Build for LET RSI with existing potential customers and earn media Control, cost efficiency, longevity, versatility, niche audiences, build B image No guarantees, company communication not trusted, takes time to scale Paid Brand pays to leverage channel Display ads, paid search, sponsorship Shift from foundation to a catalyst that feeds owned and creates earned media In demand, immediacy, scale, controlClutter, declining response rates, poor credibility limited control Earned When customers become the channel WHOM, Buzz, viral Listen & respond ââ¬â earned M Is result of well executed & coordinat ed owned/pall media Most credible, key role in most sales, transparent and lives on No control, can be negative, scale, hard to measure Owned media: Content marketing: strategy involving creating & publishing content on sites and in social media.Having content available to inform ,entertain and engage users when eek the company Companies organizing themselves as media publishers online All owned media is content Sell digital content on media (music software), accept Google Ad Sense and recover payments when click on ads. Websites: Marketing public relations (MR.) brand related actively & non paid, 3rd party media coverage to positively Influence market. DVD for using W to publish plus Info: low cost alternative, Info updated, can reach new prospects. Entertain, build communities, communication channel, provide info and
Monday, January 6, 2020
Information Technology Manager Acting As A Purchasing Agent
The purpose of the study was to identify the means whereby a given organizationââ¬â¢s Information Technology manager acting as a purchasing agent, participates in fraudulent activities, including obtaining kickbacks from vendors. This study examined measures and actions that chief information officers or chief technology officers might mandate to reduce fraud or other unethical practices while protecting the reputation of the organization, and the infrastructure of the computer systems. The results identified the importance of these measures in effectively reducing the amount of fraudulent activities. Evaluating Unethical Decision Consequences This paper provides an identification of potential means whereby Information Technology (IT)â⬠¦show more contentâ⬠¦Charges of corruption may be alleged, and could be either real or imaginary. Consequently, an organizationââ¬â¢s best defense against fraud is to be proactive, including gaining an understanding of how to identify potential indicators of corruptive behavior by managers. It is important that the organization take action as quickly as possible to prevent corruption. Further, examination of common indicators of potential corruption, and abuse is beneficial in the identification of potential information technology fraudulent activities. Identified Types of Fraudulent Activity At almost any stage, there is potential for fraudulent activity in the IT procurement process. These activities may include a range of activities on the part of the fraudulent manager. As reported by the ACFE (2010), these fraudulent activities on the part of procurement managers include a variety of actions. Accordingly, some identified types of fraudulent activities reported in the 2010 study included categories such as: selecting those information technology projects that result in a higher return value, with specifications tailored in a manner that limited competition or favored a particular bidder, and abuse by the IT managers of confidentiality. Moreover, other potential fraudulent activity might include manipulating the preparation, which
Sunday, December 29, 2019
Netflix SWOT Essay - 1331 Words
Can you name the largest online entertainment subscription service? If you said ââ¬Å"Netflixâ⬠then you are correct. Netflix started in 1997 by Reed Hastings and the subscription service started in 1999. The company headquarters is based out of San Francisco, California. There are over 100 shipping location in the United States. Netflix offers over 100,000 DVD titles and over 8,000 that are ready to be watched instantly on a subscribers PC. Netflix has over 1500 fulltime and 1100 part time employees at their headquarters and shipping centers. This had made Netflix the top ranked e-commerce company in customer satisfaction and that is causing a rapid growth in subscribers, revenue and earnings. How does it work? First, sign up createâ⬠¦show more contentâ⬠¦Netflix has been named the #1 retail Web site for customer satisfaction for six consecutive surveys since 2005 by ForeSee Results. In the fall of 2005, Fast Company named Netflix the winner of its annual Customers First Award. In January 2007, Netflix was named the Retail Innovator of the Year by the National Retail Federation. (www.netflix.com) According to Netflix most recent SEC 10K report here is Netflixââ¬â¢s core strategy and marketing strategy: Our core strategy is to grow a large DVD subscription business and to expand into Internet-based delivery of content as that market develops. We believe that the DVD format, along with its high definition successor formats, including Blu-ray will continue to be the main vehicle for watching content in the home for the foreseeable future and that by growing a large DVD subscription business; we will be well positioned to transition our subscribers and our business to Internet-based delivery of content. In January 2007, we introduced our instant-watching feature for PCs. We intend to broaden the distribution capability of our instant-watching feature to other platforms and partners over time. In January 2008, we announced a development arrangement with LG Electronics. While the terms of this arrangement have not been finalized, we anticipate developing, in conjunction with LG Electronics and other consumer electronicsââ¬â¢ manufacturers, a set-top box device or other devicesShow MoreRelatedSwot Analysis : Netflix 1560 Words à |à 7 PagesSWOT Analysis A SWOT analysis is a framework designed to analyze the strengths, weaknesses, opportunities and threats of an individual firm. This framework focuses on both external factors, opportunities and threats, affecting the company as well as internal resources, strengths and weaknesses, the firm can leverage. It is important to note that SWOT poses some weaknesses, and is a simple, snapshot tool for analyzing companies that are incredibly complex, and ever changing (Cook, 2015). StrengthsRead MoreA SWOT Analysis of Netflix861 Words à |à 3 PagesNetflix is on online television streaming service that allows its subscribers to watch unlimited, available movies and television series for a low-price monthly rate. Netflix is currently available in over 40 countries. It is located mainly Latin America, and is looking to expand into Europe. Emerging into the European market will offer Netflix much more market share. It was recorded in 2013 that Western Europe had 134 million broadband homes as opposed to the U.S. with 88 million. The article refersRead MoreSwot Analysis Of Netflix1053 Words à |à 5 PagesNetflix is an American entertainment company that was founded in 1997. Their main business comes in the online form, by streaming television shows and movies online. The company was founded by Marc Randolph and Reed Hastings. As of this July, Netflix had nearly 104 million subscribers worldwide, and only half of those coming from the United States. Netflix has some very unique qualities when it comes to social responsibility. Towards their employees, they allow unlimited vacation time, which is unheardRead MoreSwot Analysis of Netflix1128 Words à |à 5 PagesSWOT analysis for Netflix: Strengths: 1. Proprietary technology. Netflix has proprietary technology system to stream TV shows and movies and also including processing delivery and return DVDs. This specific system makes the business in Netflix more efficiency. 2. Goodwill and brand value. Netflix is a company with reputation. It has 15 years experiences and has a good deal of loyal consumers. 3. Competitive price. The service is in expensive in Netflix. It just cost 8 dollar perRead MoreSwot Analysis of Netflix1144 Words à |à 5 PagesSWOT analysis for Netflix: Strengths: 1. Proprietary technology. Netflix has proprietary technology system to stream TV shows and movies and also including processing delivery and return DVDs. This specific system makes the business in Netflix more efficiency. 2. Goodwill and brand value. Netflix is a company with reputation. It has 15 years experiences and has a good deal of loyal consumers. 3. Competitive price. The service is in expensive in Netflix. It just cost 8 dollar perRead MoreSwot Analysis Of Netflix1267 Words à |à 6 PagesSWOT ANALYSIS: Strengths: â⬠¢ Netflix is the largest online entertainment subscription service in the United States, and it accounts for a third of all U.S. internet traffic. â⬠¢ Netflix has created resilient brand recognition. It is very well known among Internet users, and accounts for about thirty per cent of daily Internet traffic. â⬠¢ Largest streaming library among competitors with award winning original content like the series House of Cards, and Hemlock Grove. â⬠¢ Low monthly subscription feesRead MoreNetflix : A Swot Analysis1369 Words à |à 6 Pages In conducting a SWOT analysis of Netflix, we must not only look at the strengths, weaknesses, opportunities, and threats, but we must also draw conclusions about Netflixââ¬â¢s particular situation and how these four areas can be used to improve its overall strategy. In terms of Netflixââ¬â¢s strengths, it has potential internal strengths and competitive capabilities in its strong brand-name image and reputation. Netflix has become a household name with over 75 million subscribers in over 190 countriesRead MoreSwot Analysis Of Netflix1060 Words à |à 5 PagesNetflix This paper is broken down by layouts that will show how Netflix has strategic planning and overall objectives on how they value their customers, but look for a profitable outcome. The plan of this layout is to help describe Netflixââ¬â¢s mission statement, business model, competitive advantage, and their financial and strategic objectives (Gamble, J., Thompson, A.A., Peteraf, M.A., 2006). Mission and Vision Statement According to How Does Netflix Work?, (n.d), Netflix does not have an officialRead MoreSwot Analysis Of Netflix954 Words à |à 4 PagesNetflix was founded in 1997 on a platform that offered video rental by mail. Reed Hastings, the CEO, co-founded Netflix when he decided that he was sick of paying late fees from Blockbuster. Being a subscriber of Netflix at this time meant that you were able to order a video with one day delivery with no hassles of late fees. In 2007, Netflix expanded by providing online streaming of media such as TV shows and movies, while still providing their DVD by mail services which was what they were originallyRead MoreSwot Analysis Of Netflix1318 Words à |à 6 PagesThe biggest weaknesses in Netflix was itââ¬â¢s marketing strategies, pricing, and average brand image presence. It met a lot of challenges in the Indian market. They had problems lack of local content and research of what the consumers wanted and no local content. Only 7% of Netflix was tailored to the Indian market. Itââ¬â¢s similar to trying to market an American product in an Indian market. The prices were considered luxury prices and because of the lack in brand image a lot of Indian consumer would stay
Saturday, December 21, 2019
By Jove A Brief Look at Polytheistic Divine Command Theory
Sophoclesââ¬â¢ famous play ââ¬Å"Antigoneâ⬠highlights a problem in what was then the prevalent worldview for most pious Greeks, that of Divine Command Theory. Divine Command Theory is a philosophical paradigm, or worldview, which essentially states that an action is good if and only if it has been commanded by a divine entity, which, to quote St. Thomas Aquinas, ââ¬Å"all men know as God.â⬠The problem arises in what happens when there exist multiple deities, such as is the case with the Greek and Roman pantheons. Socrates himself argues about this in the famous work Euthyphro, underscoring the fact that this is a problem which has been around for a very long time. It would seem that the existence of multiple deities destroys the possibility of there being a coherent system of morality. What, for example, would be the course of action if one god were to prefer one action which is opposed to another action preferred by a different god? In the Greek mythology which serv es as something of a backdrop for Antigone, it was not at all uncommon for the Olympian deities to be at odds with each other about this or that thing, or even outright conflict. Another problem raised by a polytheistic Divine Command Theory is the question ââ¬Å"Do the gods command an action because itââ¬â¢s morally right, or is it morally right because the gods command it?â⬠The polytheists must by necessity choose the first option, for reasons that will be explained later in the paper. This paper will take the position that the
Thursday, December 12, 2019
Corporations Law Moot Attacking Side
Question: Discuss about the Corporations Law for Moot Attacking Side. Answer: Introduction: Whether there has been a breach of constitution by the company by borrowing funds from an overseas financial institution? Whether there has been a proper amending of the constitution to be able to go ahead with the business of casino and borrowing of funds from overseas financial institutions? Whether there has been an oppressive conduct towards Hilary in the given situation. Relevant Law The replaceable rules and the constitution forms contract terms between the parties mentioned below (Woodward Bird, 2005) as mentioned in section 140 of the Constitution Act 2001 ("CORPORATIONS ACT 2001 - SECT 140Effect of constitution and replaceable rules", 2016): Between each member and the company Between the directors and secretaries and the company; and Between each member with the other member. In the case of Hickman v. Kent or Romney Marsh Sheep-Breeders Association (1915), the facts were such that it was provided by the internal rules of the association that any dispute that would be there between the member and the company would be required to be solved by the way of arbitration (Hickman v. Kent or Romney Marsh Sheep-Breeders Association, 1915). The dispute was taken to court by Hickman. The court opined the it was forced for Hickman to be complying with the rules of internal governance as the contract was binding between Hickman as the member and the association. The members can enforce in their capacity. In the case of Rayfields v Hands the directors were required under the Articles to buy at a fair value the shares of the members (Rayfields v. Hands, 1960). It was opined by the court that this could be enforced by the members against the directors who were also a class of members. The qualification shares had to be taken by the Director. In the case of McLaughlin v Dungowan Manly Pty Ltd. if a breach could be showed by the member that the breach of the constitution had caused a loss to be suffered and which was not a loss that the company had suffered, it was then possible that damages can be received (McLaughlin v Dungowan Manly Pty Ltd., 2010). An amendment in the resolution can be brought through special resolution. There may be modification or repealing of the companys constitution by a shareholders special resolution. A special resolution is a resolution when the same is passed by a majority which is not less than 3/4th of the members who are entitled to vote and who are voting in person or in the case where there are proxies which are allowed then through proxies ("Companies Act 1961 - SECT 144Special resolutions", 2016). Further there is also a notice that is required of twenty one day which is to be given which states specifically the intention to propose that the resolution is a special resolution. Thus a special resolution would require atleast 75% of the votes. A dispute will always be there between the companies member and between the management and the members. The minor shareholders in major conflict, especially in closely held, small, private companies where shares are in the hands of few people are vulnerable before the majority. The majority shareholders are able to look at their own benefits. The boards composition can be dictated by it and indirectly the policy of management. If numerous enough, resolutions can be passed by them thereby changing the companys constitution. The matters of oppression are generally very controversial in nature, especially in companies that are closely held. The realities in a company is that the majority decisions are the on which are prevailing usually and the decision making is usually in the hands of the majority of the company. It is not necessary that every complaint which is made should unduly preoccupy the management and inhibit the companys objects proper pursuit (Re Anti-Corrosive Treatment Ltd , 1980). In the case of Foss v Harbottle (Foss v Harbottle, 1843) the concept of majority ratification that is concept which is rough and ready and deals with acts of the management that are wrongful. Challenging of managerial wrongs is often very difficult and obtaining justice in such cases may be difficult. In the case of the philatelist who was 88 years old and who was holding the voting control and who was ignoring the companys procedures finer points, was on the board contemptuous, having told the prospective employees that one of the sons/directors was not right in the head and overrode his two sons persistently who were the majority shareholder beneficiaries. The Corporations Act 2001, Sections 232 and 234 allow that oppression applications be made by the shareholders or shareholders who are formerly part of the company or even people who ASIC has determined will be entitled for doing the same. If there is an application which has been made then the courts would be required to find out that the companies conduct of affairs is oppressive due to the reason that it is contrary to the shareholders interest either as a whole or prejudicial, oppressive or discriminatory unfairly against either a shareholders group or a particular shareholder. The companys affairs terms are defined are very wide and refers basically to anything which the management is involved in and the companys operation and its affairs. The oppression would basically involve the diversion of the opportunities of the corporate, remuneration that is excessive, share issues manipulation, boardroom tactics, withholding of information or company funds misappropriation. Application A constitution and internal rule is a contract between the members and the company. There has been a breach of the constitution and internal rules which provided the company to deal with residential apartments in Sydney, Melbourne or other capital cities for sale. Further it also mentioned that borrowings could only be done with the Australian Financial Institutions. As held in the Hickman case if it is mentioned that borrowings can be done only through Australian Financial institution it would be a breach if the same is not complied with. Thus by borrowing funds from Overseas Financial Institution there has been a breach of the internal rules and the constitution of the company. This further led to there being a breach in the contract that formed under section 140 of the Constitution Act 2001, wherein the contracts formed through the companys constitution. The Directors shall be held responsible for the same as in the Rayfields case. Further if a member can show that the damage that has been caused is a damage which is other than that which has been caused to the company than there may be damages that can be received. The members will be able to enforce in their capacity the internal rules and constitution. Further, in the given situation if there was a requirement for borrowing from an overseas funding company and also entering into the business of casino where the same has not been mentioned in the constitution of the company and it specifically states that the company will be involved only with residential apartments it would be required that the constitution of the company should be amended by at least 75% of the votes. However, here only Bernie and Little Marco have gone ahead with the activities which are not in line with the constitution of the company thus being in breach of the same. It can be stated that the acts of the directors to go ahead with the business of casino in Las Vegas without considering the nuances of the constitution of the company and the fact that Hilary in a weaker position as compared to Donald thereby he got the majority support there is a likely situation of minority oppression wherein the views of Hilary are her benefit in the company are not considered. There has been an act of misconduct and oppression by the remaining directors as they have gone ahead with the casino business and obtaining funds from the overseas financial institution without informing Hilary giving the excuse that they did not want a heated conversation. This has lead to the misappropriation and loss of funds of the corporation. Conclusion There has been a breach of the internal rules and constitution by the Directors when the funds were borrowed from overseas financial institution, since the constitution and internal rules clearly state that it is only through Australian financial institutions that the funds are to be borrowed. There was no special resolution that the company had passed for going ahead with an activity that was against the constitution and internal rules of the company, as under the Corporations Act is requires that there should be at least 75% which not availed before going ahead with the business strategy. Further, there has also been an act of oppression against Hilary, as the business of casino and borrowing of funds was done without making it known to her despite knowing that she was not in the favor of such a business. Also this business led to there being a misappropriation of funds. It can be stated conclusively that the legal position of the Director is weak for breaching the constitution and the internal rules of the corporation and there will be an action that will lie against the directors for the said breach (Ciro Symes, 2012). Further also there has been a breach on the part of the Directors for not availing the requisite resolution for the amendment of the constitution. Also an act of oppression has been made against Hilary by the remaining directors. References Ciro, T. Symes, C. (2012).Corporations law. Pyrmont, N.S.W.: Thomson Reuters (Professional) Australia Limited. Corporations act 2001 - SECT 140Effect of constitution and replaceable rules. (2016). Austlii.edu.au. Retrieved 7 September 2016, from https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s140.html Companies Act 1961 - SECT 144Special resolutions. (2016). Austlii.edu.au. Retrieved 7 September 2016, from https://www.austlii.edu.au/au/legis/vic/repealed_act/ca1961107/s144.html Foss v Harbottle, 67 ER 189 (1843). Hickman v. Kent or Romney Marsh Sheep-Breeders Association, 1 Ch 881 (1915). McLaughlin v Dungowan Manly Pty Ltd. (2010). Rayfields v Hands, Ch 1 (1960). Re Anti-Corrosive Treatment Ltd, ACLC 34,165 (1980). Woodward, S. Bird, H. (2005).Corporations law. Pyrmont, NSW: Lawbook Co.
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