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ACC220 Business Law Assignment

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USC Sunshine Coast

   

ACC220 Law of Business Associations (ACC220)

   

Added on  2019-11-08

ACC220 Business Law Assignment

   

USC Sunshine Coast

   

ACC220 Law of Business Associations (ACC220)

   Added on 2019-11-08

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Running Head: Law 1Law
ACC220 Business Law Assignment_1
Law2Answer 1Issue: Part A- Whether Max has right to enforce the clause stated under constitution which makes him solicitor of the company?Part B- whether Max can prevent the inclusion of the clause related to the expropriation of sharesof those shareholders who holds less than 10% of shares?Law: Section 232 of the Corporation Act 2001 states, Court has power to make order under section 233 of the Act, if:Any conduct related to the affairs of the company,Any actual or propped act or omission by the company or on behalf of the company,Any resolution, proposed resolution passed by members or class of members Is either:Contravenes the interest of any member of the company, orOppressive or unfair against any member of the company,Section 233 of the corporation Act 2001 states, Court has power to make following orders under this section:Company must be wound upExisting constitution of the company must be modified or repealed.Regulation regarding the conduct of the company affairs in the future.
ACC220 Business Law Assignment_2
Law3For purchase any shares by any member to who shares in the company has been transmitted by will or by operation of law.Purchase of shares with an appropriate reduction in the share capital of the company.Order company to file, prosecute, defend, and discontinue any particular proceedings. Provide authorization to any member or person who has shares in the company through transmission, to file, prosecute, defend, and discontinue any particular proceedings on behalf of the company or in the name of the company. Appoint receiver for any particular property or all of the property of the company.Prevent any person from engaging in any particular conduct or from doing any particular act.Order any person for doing any particular act.These section further states, Court can make following orders for altering the Constitution. If court make any order under this section for the purpose of repeals or modify the constitution of the company, then power of the company under section 136 is restricted if such changes are contrary with the provisions of the order made by the Court, unless:Court specifically stated in the order that company can done changes in the constitution or repeal the constitution.Leave is obtained by the company from the Court. However, it must be noted that if any person established that conduct in question stated under Section 232(a), (b) or (c), then also for getting relief under section 233, it is necessary that personmust satisfy:
ACC220 Business Law Assignment_3

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