Company assignment Essay Example | Topics and Well Written Essays - 2750 words

Company assignment - Essay Example These statutory provisions applied in conjunction with established principles of common law and equity in relation to directors duties2. However, in the consultation phase leading to the implementation of the CA 2006, the Government expressed dissatisfaction at the inherent uncertainty of these provisions and have attempted to codify both the common law and statutory provisions pertaining to directors duties under the CA 20063. In turn this has lead to some commentators arguing that the CA 2006 codification of directors’ duties has resulted in tighter controls on the exercise of director’s duties. This paper critically evaluates this argument with a comparative analysis of the previous legal position and how far this has been changed by the CA 2006 provisions. If we firstly consider the previous position under common law and equity, the issue of fiduciary duty has commonly arisen in constructive trust and tracing cases. Additionally, issues have arisen regarding the int errelationship between director’s duties and the abuse of the corporate structure as exemplified by phoenix company syndrome4. The term â€Å"phoenix† company is utilised to define a corporate structure where assets of one limited company are moved to another legal entity5. Commonly, some or all of the directors and management will remain directors in the successor company and in some instances the successor company will have the same or similar name to the failed business6. In simple terms, a phoenix company is a limited liability company: â€Å"housing individuals, or the directors by name or otherwise, who abuse the corporate form by dissolving one company and creating another to avoid payment of debt†7. Furthermore, it has been commented that the Register of Companies is â€Å"littered with cases involving phoenix companies†¦Ã¢â‚¬ ¦ ones which fail and then seemingly reappear overnight in substantially the same form and with substantially the same mana gement8†. Typically, a phoenix company will use all or some of the assets of the insolvent company and will trade in the same industry and similar manner to the failed predecessor9. Whilst it is perfectly legal to form a new company from the debris of a failed company, â€Å"phoenix syndrome† has repeatedly been criticised as a means of abusing the statutory provisions implemented to protect against wrongful trading and abuse of position10. For example, a director of a failed company can become a director of a new company unless they are bankrupt or subject to a disqualification11. One the hand, it is clear that not all legitimate businesses will succeed on first attempt and the Small Business Service12 estimates that one in three businesses shuts down within three years13. Nevertheless, it is submitted that reasons for failure are multifarious and it would be undesirable for the law to penalise honest individuals from acting as directors simply due to difficulties in r unning a business. Accordingly, it is propounded that in such circumstances, the phoenix company arrangement is beneficial in allowing a business to start again14. Moreover, the phoenix arrangement enables profitable aspects of the failed business to survive into the successor company, thereby preserving an element of continuity for both suppliers and employees15. Conversely however, in the

Risk Assessment Practices at Happy Valley Play School Essay

Risk Assessment Practices at Happy Valley Play School - Essay Example Happy valley recognizes its obligation to protect the well-being of all children and youngsters, via a commitment that protects them. This paper will examine the risk assessment at Happy Valley Pre-school. The policy at Happy Valley Pre-school recognizes that the wellbeing of a child is paramount. All children irrespective of age, gender, disability racial, heritage, religious belief, identity or sexual orientation have an entitlement to equal safeguarding from all kinds of abuse or harm. To achieve this, Happy Valley preschool operates in partnership with parents, children, young people, caregivers as well as other agencies crucial in upholding young people’s wellbeing. The objective of the policy is to afford fortification for the young people and children who obtain Happy Valley services, together with the kids of adult affiliates or users. The policy also provides volunteers and staff with direction on processes they ought to embrace upon the event they suspect a young person or a child could be undergoing, or may be at harm or risk of. The policy applies to all staff, paid staff, agency staff, seasonal and volunteers workers, students and everyone else working in the best interests of Happy Valley preschool(Gandy 2008). The chosen senior associates of staff have to attend legal child safety training prescribed by the regional safeguarding children panel. The stipulation must guarantee every staff obtains child safety training fitting to their responsibilities and roles, particularly staff that are new to the school, every three years. Each staff whether voluntary or paid, supply workers, students, are subjected to CRV (criminal vetting) (Dept. of Ed. UK 2012). Happy Valley pre- school aids in preventing abuse through identifying as well as providing prospects for young people and children to cultivate concepts, skills, knowledge and attitudes that enable them to

Popular American Culture Essay Example | Topics and Well Written Essays - 1250 words

Popular American Culture - Essay Example American sport has become more than competitions with rules played on rinks, fields or diamonds. The current outset of sport is more than that struggle to reach the finish line, or a ball moving among athletes. What American sport has produced is more than the hero worship of winners and other usual trappings of sports that affect other societal aspects. Modern American sport has produced incredible dialogue about sports. The interest of American sport cuts across dividing lines of gender, ethnicity, income, age and geography. The world of American sport gives everyone a sense of belonging and shared language. As a result, this gives people extraordinary insights into American culture. Spectator sports attract large audiences since on the onset of the 1920s. Sports provide America with the people’s yearning for an increasingly impersonal practical society. The likes of Jack Dempsey became national idols for being winners. The focus was on those individuals whose talents flourished and made them appear larger than life. American football, which is considered the most popular sport in the United States, attracts more television viewers that any other spectator sport (Berman 45).The most professional American football league that is popular is the National Football League. It consists of 32 members, and its season lasts from September to December. The playoffs end in January and February with playoffs and the Super Bowl. The Super Bowl, which is the championship game, is the highest rated television show with over 100 million viewers per year. Baseball also draws large crowds. It is the oldest of the main American sports. Although it is no longer a popular sport, most people still refer to it as the national sport. Major baseball teams play almost every day unlike the professional levels of other popular sports. Soccer is rated the third sport that is most widely played in America (Berman 54). This has been a recent addition to American pastime, and it has gained popularity in the better half of the 2 0th century. Among other sports are ice hockey, tennis, boxing, golf and horse racing that bring so many people into their domain. American sport captivates many and increases duties and anxieties that go deeper than other industries. American sport is a way in which great relationships are constructed for generations who grow up following in similar footsteps. It is a haven from other societal struggles and an oasis of verifiable truth in the desert of modern life. All these perceptions give people a clue on the uniqueness of American culture. The modernity of American cultur

Hezbollah Term Paper Example | Topics and Well Written Essays - 500 words

Hezbollah - Term Paper Example ah has continued to engage in terrorist activities throughout the Middle East and currently has a militant wing of the organization that is understood as larger than that of the standing national army of Lebanon. Yet, Hezbollah cannot be understood as a native insurgency that developed within Lebanon. Instead, it was initially begun as a response to the Israeli invasion of Lebanon in 1982. Seeing this as an opportunity to further its influence throughout the globe, Iran developed and funded this group as a means of taking the battle directly to the Jewish state. With Iranian backing and financing, the group developed rapidly and came to serve as a fundamental voice within Lebanon and throughout the region. Hezbollah has been linked to over 36 suicide attacks and terrorist bombings since 1982 (Hamdar, 2014). Moreover, the number of targeted assassinations that Hezbollah is responsible for is something that is up for much debate; estimated to be within the hundreds or thousands. Whereas enemies for Hezbollah have come and gone (for instance the American, French, and British interests have been listed at one time or another as targets for the group), its animosity and hatred for Israel has been the one mainstay that has helped to continue to define the gropu throughout the years. As such, at each and every point in which Israel has come in direct conflict with Lebanon, Hezbollah has used this as an opportunity to drastically swell its ranks and engage in pitched and indirect warfare with Israeli forces or target Israeli interests throughout Lebanon and the greater Middle East. More recently, the tug of war between Russia, Iran, Israel, and others over Syria has meant that Hezbollah has come to serve as a powerful supporter of Bashar al Assad. As a function of this and subsequent indirect support from both Russia and Iran, Hezbollah has been one of the primary foreign forces that have served to bolster to strength of the Syrian regime; as it lies virtually

Bsc in Management Studies - Business Environment-Coursework- Coursework

Bsc in Management Studies - Business Environment- - Firstgrade - Coursework Example Report also discussed as to how Intel captured the personal computer processor market and completely revolutionized it. However, the emerging trends on mobile computing suggest that the Intel may be lagging behind in this segment of the business. Extensive competition in the chip business for the smart phones and tablet computers has resulted into the vanishing of Intel’s traditional competitive advantage in the market. Trends suggest that the manufacturing of personal computers- a segment where Intel is market leader despite the fact that it’s getting tough competition from AMD- is shrinking. This reduction into the personal computer manufacturing therefore could result into the loss of market share for Intel. The final section of the report discusses some of the strategic approaches which Intel can take to overcome the challenges posed by external environment. Introduction External business environment plays a key role in shaping the current and future strategies of a firm. Learning organizations therefore always attempt to understand and explore their business environment and subsequently adjust and develop their business strategies in such a manner which can offer them competitive advantage in that business environment. ... (Kew, & Stredwick, 2005, p14). Intel is the leading semiconductor chip maker in the world and is based in California, US. Intel works in an industry where technology rapidly changes and the overall pace of change is quite rapid. Such an environment therefore requires the firms like Intel to continue to develop and invest heavily in research and development. Further, the trends are shifting towards mobile computing and more and more new products are being introduced in the market almost providing the same functionalities like a computer but they are more mobile and light in nature. These trends therefore suggest that the semiconductor chip manufacturing industry may go through a radical shift. How these factors can affect Intel in future and how Intel should respond to them is what will be discussed in this report. This report will focus on identifying key priority issues faced by Intel and how these issues can affect Intel in short term. Intel Corporation Intel Corporation started it s operations in 1968 from California, US as a computer chip manufacturer. It mainly manufacturers the microprocessors used in most of the personal computers however, it also manufactures motherboards for the personal computers, network interfaces, portable flash memory chips, integrated circuits and other technologies which are used in the communication technology. (Argyris, 1999) Intel started to manufacture memory chips initially however; it shifted its focus during 1981 when it started to produce computer microprocessors. Intel is therefore also credited with the invention of silicon based microprocessor which has completely revolutionized the personal computer industry by offering it the speed and accuracy to perform complex tasks at relative ease. Intel’s

English 2 Essay Example | Topics and Well Written Essays - 250 words - 1

English 2 - Essay Example If indeed it is found that soccer is a good way to help troubled youths, that fact will provide a major incentive for governments to invest more money in these kinds of recreational activities. This autobiography shows the affect soccer has had on one of the all-time great players. Beckham indicates that soccer kept him on a straight and narrow path. This book is good for background information. This book provides a great deal of information on the professional aspect of soccer. Interviews in it with players indicate that the sport shaped their lives in a positive manner. This is good for background. Another useful biographical book that shows the impact of the game on the life of Pele. This provides insight into how soccer influences young people growing up in the Third World. Examples in this book are useful. Another invaluable look at problems suffered by adolescents. This book discusses disciplined activities such as sports which can help troubled young people. A great deal of insight is provided by the author. Another survey of how troubled youth can be brought into athletic activities at schools. This book provides advice to practitioners and suggest strategies to integrate disaffected teenagers. Sports can be a big part of

Db1 strategic management of human assests Research Paper

Db1 strategic management of human assests - Research Paper Example Mission statements are considered as one of the most widely used management tools, which help an organization to achieve those important goals and objectives for necessary conditions of long- term activity and market success (Bart, 2001). One of the leading nutrition, health and wellness companies in the world food market is the Swiss Nestle, which aims to provide its consumers with the best nutritious and tasting food and beverage for all occasions. To be the best food company, Nestle invests greatly into the development of its people, using one of its principles for each employee to have an opportunity to develop to the maximum of their potential. It conducts learning in literacy and local and international trainings for its employees, has apprenticeship programs worldwide and gives the possibility to the managers to take part in the external management training. The company actively supports work and life balance of its employees, encouraging them for flexible working conditions if possible. To retain talents within an organization, Nestle should think over the improvement of its strategy towards its employees. Thus, certain surveys will give better vision of what employees expect from the company and how the rela tionship between the management and its staff can be improved. Brodowsky, G. H. (1998). The effects of country of design and country of assembly on evaluative beliefs about automobiles and attitudes toward buying them: A comparison between high and low ethnocentric consumers. Journal of International Consumer Marketing, 10(3),