Fiduciary

Introduction The regulation of provided legal services is imperative towards the functionality of the justice system. As indicated by Sir David Clementi regulation fulfills six distinctive purposes of which incorporates access to justice, protection and advancement of consumer interest, promotion of competition, public understanding of a native 's legitimate rights and the maintenance of the rule of law. The SRA Code of Conduct represents an ambitious attempt to merge consumer protection and professionalism

Section A Question 2 Introduction The current case demonstrates two profound problems closely related to the directors’ duties, which Dynamic Development plc has to deal with, i.e. (i) directors (Charles and Beatrice) entering into competing business and (ii) failure to supervise and produce an inaccurate financial account and statement (Charles). Director’s duties Arthur, Beatrice and Charles are the de jure directors of Dynamic Developmenet plc, though they do not hold any shares in the company

advise directors of Flyaway Pty Ltd on the following issues: Whether Peter and Paul breached their duty of care and diligence as directors when they were not present for the decision to borrow $10 million from Citibank. Whether John breached his fiduciary duty as a director when he invested in Speed Bullet Pty Ltd. Whether board of directors is obliged to follow the resolution passed by the shareholders at the general meeting. Whether Peter and Paul breached their duty of care and diligence as directors

Yahoo Corporate Governance and the Microsoft Takeover We are studying the potential buyout of Yahoo by Microsoft from the perspective of Yahoo’s Board of Directors. Yahoo! Inc. provides Internet services to users, advertisers, publishers and developers worldwide. It offers online properties and services to users; and marketing solutions and tools to advertisers and publishers. For example, Yahoo! Finance is a portal for information on general financial conditions and specific firm information

After his actions they effectively ‘doubled their money’. Viscount Dilhorne, who dissented, was prepared to hold that the authority of Regal v Gulliver (a case with similar facts which he distinguished on the ground that there the fiduciary held assets originally belonging to the trust which wasn’t the case in Boardman) required ‘wrongdoing’ which was absent in the case before him because the trust had not suffered a loss. The reasoning of the majority did indeed beget

Analyse whether the directors have breached their duties. Your answer should include reference to relevant cases and sections. Issue: whether the directors have breached their duties. It is questionable that whether the directors breached their fiduciary duty towards the company by not putting first the interests of the company. Relevant legal principles: Re Broadcasting Station 2GB Pty Ltd [1964–1965] NSWR 1648 Corporations Act (ss 180–184 and 588G) CORPORATIONS ACT 2001 - SECT 180 Percival v

to Mandalay and also gets profit from the operation, therefore Brian is a promoter, too. In summary, John, Paula, George, Robyn and Brian, as Butterfly’s promoters, automatically establish a fiduciary relationship with Butterfly. Issue 2: do promoters owe fiduciary duties to Butterfly? If breached fiduciary duties, who will be liable for entering into the lease and marketing contracts? In this case, Robyn and George signed agreements with third

the trust she was no longer an agent but was unaware. Even though Joan thought she was still an agent she did go against the duties of an agent, thus not giving her the right to move the property to a trust. Joan as the agent for Francis has a fiduciary duty to act loyally for Francis’s benefit in all matters connected with their principal/agent relationship (Beatty & Samuelson, 2013). When Francis told Joan that he gave the property to Frank, Joan retaliated by transferring the property

Please be advised that this firm represents the Hillcrest on the Park Condominium Association (the “Association”). We are in receipt of your letter of July 20, 2015 to TH Management Consultants, LLC (hereinafter “TH Management”) and Nancy Grebe’s e-mail of August 3, 2015, with a proposed letter she intends to send to the co-owners. As an initial matter, you should be advised that the “Steering Committee for the existing Co-owners of Hillcrest on the Park Condominium” (hereinafter the “Steering

overnment-wide Statements. What are the titles of the two government-wide statements? Are total assets larger for governmental activities or business-type activities? Which function or program has the highest net cost? What kinds of general revenues are available to cover the net cost of governmental activities? Were business-type activities “profitable”? That is, is the excess of revenues over expenses positive? Are there any component units that are discretely pre- sented as a column on the