Saturday, December 28, 2019
Long Walk And Freedom By Robert Nelson Mandela - 1110 Words
Long Walk to Freedom, released in 1995, is a biographical story about the revolutionary and former South African President Nelson Mandela. The book narrates how Mandela becomes a remarkable leader in the construction of a democratic South Africa. It chronicles his early life, growing up, education and his 27 years in prison before becoming President and working to rebuild the country s segregated society. Mandela begins his book with a description of his ancestry and later goes on to talk about his early childhood, which mainly consisted on herding cattle and practicing a traditional southern South African type of martial art. When Mandela became of age, his father sent him to school, which was a rare privilege for a child in his village. Mandela transcended at school and his uncle decided to invest on Nelsonââ¬â¢s school success by sending him to a series of exclusive boarding schools. In the following sections of his biography, Mandela describes his young adulthood and his gradual metamorphosis into a leader of South Africaââ¬â¢s freedom and equality movement. As a young adult, Nelson moved to Johannesburg and became an active member in the African National Congress (ANC), an organization dedicated to fight for the rights of black South Africans. Mandela joins the ANCââ¬â¢s Youth League; a subgroup that advocated similar, but more radical ideals than the main organization, in which he adopted a leadership role. Unfair racial laws had ruled South Africa for a long time, but theShow MoreRelatedNelson Mandela: The Living Legend1089 Words à |à 5 Pagesï » ¿Speech 101 5 November 2013 Informative Speech: Nelson Mandela: The Living Legend Specific Purpose: To inform my audience about Nelson Mandela and his achievement and positive impact on Africa and the world. Central Idea: Nelson Mandelaââ¬â¢s struggle and achievement in South Africa and around the world. Introduction: Attention Getter: Take a moment and think this situation. You are young and ambitious. Your dream is to free your people and your country. You decided to protest anyway againstRead MoreNelson Mandela and the Fight Against Apartheid4689 Words à |à 19 Pagesof Trials and Tribulations: Nelson Mandelaââ¬â¢s Role in the Realization of Racial Equality and Freedom in South Africa Table of Contents Introductionâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦..2 Chaos and Dissension in South Africaâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦...3 Mandela ââ¬â The Charismatic Leaderâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.5 Iconic Image of Integrity and Perseveranceâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦...â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦6 Uniting the African National Congressâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦..â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦....â⬠¦.9 Mandela Takes Reconciliatory Actionâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Read MoreNelson Mandela Paper1054 Words à |à 5 PagesHero When most people think of a prominent figure in South Africa one name always comes to mind; Nelson Mandela. Imagine a time in South Africa when, similar to old America, whites held most of the power. Due to the previous conflicts of the European countries in South Africa, there were many Europeans who heavily discriminated against the original African people. This is exactly the type of place Mandela was born into. Born in 1918, his family was part of a common South African clan, where he alwaysRead More How Nelson Mandela used Rugby to unify South Africa Essay1543 Words à |à 7 Pagesspending twenty-seven years in prison, Nelson Mandela was released from prison on February 11, 1990. In 1991, Nelson Mandela was chosen to become president of the African National Congress. In 1993, Mandela and South African President F.W. de Klerk announced an agreement that the African National Congress and the National Party form a transitional government, effectively ending apartheid and opening the political process to all South Africans (Williamson). Mandela was elected President of South AfricaRead MoreNelson Mandelas Leadership4907 Words à |à 20 PagesMANDELAââ¬â¢S LEADERSHIP June 6, 2012 TITLE PAGE CAUCASUS UNIVERSITY CAUCASUS SCHOOL OF BUSINESS COURSE TITLE: Developing effective leadership skills COURSE CODE: MGS-3211 INSTRUCTOR: Dara Ahmed GROUP PRESENTATION: N1 PRESENTATION TITLE: NELSON MANDELAââ¬â¢S LEADERSHIP GROUP MEMBERS: Tamar Geladze DATE: 6th of June, 2012 12 Page 2 NELOSN MANDELAââ¬â¢S LEADERSHIP June 6, 2012 TABLE OF CONTENT TITLE PAGE...........................................................................Read MorePsychobiography on Nelson Mandela2020 Words à |à 9 PagesNelson Mandela was a leader who was able to make change occur by having self-discipline and an aim for achievement. Not only did he want change so he could live a better life, but he also wanted change for his people. His desire for change and to help others is an example of his personality. Therefore, Mandelaââ¬â¢s personality is a perfect example of the conscientiousness factor of the psychological perspective of the Big Five Personality Dimensions developed by Paul Costa and Robert McCrae. NelsonRead More Negotiations to End Apartheid Essay2280 Words à |à 10 Pagesgovernment refused to back down. The African nation, against all odds, worked to unite. Through groups like the African National Congress (ANC), ANC Youth League and the Pan Africanist Party (PAC), we saw the uprising of African leaders like: Robert Sobukwe, Nelson Mandela, Oliver Tambo, Thabo Mbeki, Steve Biko and Chris Hani whose goal it was to end the oppression of their people in a non-violent manner. The government banned the organizations in 1960 making it illegal to be a member. In the same yearRead MoreDemocracy And The Anc Of South Africa2059 Words à |à 9 PagesDemocracy and The ANC ââ¬Å"We the people of South Africa, recognise the injustices of our past; Honour those who suffered for justice and freedom in our land; Respect those who have worked to build and develop our country; and Believe that South Africa belongs to all who live in it, united in our diversity. We therefore, through our freely elected representatives, adopt this constitution as the supreme law of the Republicâ⬠¦Ã¢â¬ (Preamble to the Constitution of the Republic of South Africa, 1996). SouthRead MoreBargaining With The Devil7657 Words à |à 31 PagesBARGAINING WITH THE DEVIL When to Negotiate, When to Fight ROBERT MNOOKIN ROBERT MNOOKIN is professor of law at Harvard Law School, the director of the Harvard Negotiation Research project and chair of the Program on Negotiation at Harvard Law School. Dr. Mnookin has taught several workshops on negotiation skills for corporations, government agencies and law firms. He is the author of nine books including Beyond Winning, Negotiating on Behalf of Others and Barriers to Conflict Resolution Read More The Role of Intra-party Opposition in National Liberation Movements4458 Words à |à 18 Pagespurpose of delivering justice to its people has not evidenced such a standard pattern, however. While liberation movements such as the African National Congress (ANC) in South Africa were able successfully to convert their role as revolutionary ââ¬Å"freedom fightersâ⬠into democratic participation in the state (Connell, 9), movements such as Castroââ¬â¢s Cuban Revolution, while accomplishing regime change, failed to deliver a successful state. This paper suggests that lessons can be derived from these cases
Friday, December 20, 2019
Analysis Of O Connor s Writing Essay - 707 Words
Courtney Blackmon Horn English 11- seventh period 29 January 2015 Corruption Within Christ Religion is a big influence in Flannery O Connor s writing. ââ¬Å"The Life You Save May Be Your Ownâ⬠stresses the idea of good and evil. This can also be viewed at the evil in Christ. The story is set in the early 1900s. ââ¬Å"The Life You Save May Be Your Ownâ⬠begins with a woman and her disabled daughter sitting on their porch and she notices a man walking towards their home. The man, Mr. Shiftlet, sees an old car that he wants. The old woman, Lucynell, is also craving something and takes the opportunity to achieve it. By her use of symbols, imagery, and irony, she reveals that there is corruption within Christ. Oââ¬â¢Connor incorporates symbols to reveal Christ like figures, further emphasizing the theme. One example is young Lucynell. As Mr. Shiftlet is walking toward them, young Lucynell is wearing a blue organdy dress, which represents the Virgin Mary. Also, her blue eyes show her innocence and heavenly appearance (The Sitting Bee). Another symbol is the rusted car. The car represents something that Mr. Shiftlet has always wanted. It is painted green, which can represent redemption, and has a yellow band, which may be seen as betrayal. The last example is the characterââ¬â¢s names. Crater means emptiness or that something, religion or Christ, is missing. Also Shiftlet is taken from the word shift to represent change or the difference between good and evil. With these Christ like symbols,Show MoreRelatedAnalysis Of O Connor s Writing746 Words à |à 3 PagesCourtney Blackmon Horn English 11- seventh period 29 January 2015 Corruption Within Christ Religion is a big influence in Flannery O Connor s writing. ââ¬Å"The Life You Save May Be Your Ownâ⬠stresses the idea of good and evil. This can also be viewed at the evil in Christ. The story is set in the early 1900s. ââ¬Å"The Life You Save May Be Your Ownâ⬠begins with a woman and her disabled daughter sitting on their porch and she notices a man walking towards their home. The man, Mr. Shiftlet, sees an old carRead MoreThe Life You Save May Be Your Own1506 Words à |à 7 Pagesunraveling their writing style and, in an artistic way, write out their feelings in the form of a poem or story. We see this in the case of almost every writer, but as of now we re only going to look at Mary Flannery O - Connor. A major theme that reoccurs in much of Flannery O Connors work is her strong dis- like for the worlds current state, as in the condition of our world s morality and values. Let s see some examples in her work that support this thesis. First, let s take a look at oneRead MoreA Proposal1240 Words à |à 5 Pages Allison Seiter Introduction to Literature Brian Leingang April 1, 2013 A Proposal: A Good Man is Hard to Find In 1953, the short story ââ¬Å"A Good Man is Hard to Findâ⬠was published in the anthology Modern Writing I by Avon Publications. Around the year 1955, a collection of short stories by Flannery Oââ¬â¢Connor became published. The themes of these stories range from baptism to serial killers and then to human greed and exploration. For the majority Read MoreThe Contribution Of Leonhard Euler1712 Words à |à 7 Pagesfor a short time but was able to convince his father to allow him to continue pursuing his passion (Euler Website). He received his Masters of Arts by the time he was sixteen (Stockstill). He pursued other academic studies including philosophy (O Connor). Euler composed a dissertation on the nature of propagation and sound (Finkle). He then produced a dissertation on an answer to a prize question concerning masts on ships (Finkle). He won the second prize from the Paris Academy of Sciences, butRead MoreGuest Of Nation By Frank O Connor1638 Words à |à 7 Pageswithin the other. The first paragraph also talks about the good and friendly relationship enjoyed by the English prisoners. The last two lines describe the nauseating effect the killing of the two men brought to the Irishmen (O Connor1, 10). In ââ¬Å"Guest of Nationâ⬠by Frank O Connor, the main characters are Belcher and Hawkins who are prisoners, Bonaparte, the narrator; Nobel is soldier Jeremiah Donovan. He is the officer in charge and the old woman. In summary, Guest of Nation is set against the backgroundRead MoreAnalysis Of Grandmother In A Good Man Is Hard To Find.1517 Words à |à 7 Pages Analysis of Grandmother in A Good Man is Hard to Find Introduction The character grandmother in Oââ¬â¢Connorââ¬â¢s story has grounds the reality of the events and drives the family into tragedy. She is a central character in Oââ¬â¢Connorââ¬â¢s story and is depicted to be a dynamic character stuck in the old ways. Through her actions and the idea of being stuck in the old ways of thinking, she leads her family into tragedy. Being the main character in the story, Grandmother significantly adds to the developmentRead MoreLiterary Analysis1773 Words à |à 8 PagesA Literary Analysis on Flanner O Connor s ââ¬Å"A Good Man is Hard to Findâ⬠Written by ShaLynn M. Andrews Flannery O Connor s short story, ââ¬Å"A Good Man is Hard to Findâ⬠is about a Georgia family on their way to Florida for a vacation and the day ending in disaster and murder. The story opens with the grandmother, also being the main character, trying to convince her son, Bailey, not to go to Florida; she had just read an article about a recently escaped convict, the Misfit, who was supposedly headingRead MoreA Good Man By Flannery O Connor2114 Words à |à 9 Pages A Good Man is Hard to Find Analysis In the short story, A Good Man Is Hard to Find, Flannery O Connor uses characterization, flashbacks, the five-part plot structure, and point of view to set up the plot efficiently. The story is told through the Grandmotherââ¬â¢s point of view most of the time in order to understand her, and her thoughts in her final moments with the misfit. In seeing how the grandmother views the world around her the reader is able to understand the type of person she is. Oââ¬â¢ConnorRead MoreLiterary Analysis : Jonathan Swift1425 Words à |à 6 Pages Literary analysis The author I decided to write about is Jonathan Swift for he had a keen sense for effective sarcasm. As Jonathan Swift said ââ¬Å"The proper words in the proper places are the true definition of style.â⬠Though he was known in different ways, he was mostly popularized through his gift in writing, particularly his satire, or his use of humor and irony, essays. Through out swift life, there has been plenty of events where I believe shape the way he was, hence his writing style, someRead MoreRecruitment of a Star1589 Words à |à 7 Pagesshift companies are difficult to find in the present market scenario. But Stephen Connor, director of research at the firm, with the help of Craig Robertson, a headhunter at Triple S, has managed to shortlist 3 worthy candidates with diverse profiles. Stephen was also approached by Anita Armstrong on behalf of a fourth candidate, Seth Horkum. à · RSH is strong in its Research Division. à · Stephen Connor, director of RSH, was worried over the departure of a star analyst performer in its
Wednesday, December 11, 2019
Commercial and Corporation Law Partnership Act
Question: Describe about the Commercial and Corporation Law for Partnership Act. Answer: The type of business organisation currently operated by Aysha and Dilara is Partnership. As per Section 5 of the Partnership Act, 1958(Vic), General Partnerships are the types of organisations which include the relationship between two or more persons carrying on a similar business with a sole objective of earning huge profits and expanding their organisation globally. The Partnership should be legal and should not contain the features such as: Being registered under any Acts related to registration or incorporation of a Company. Being formed under any Act or Royal Charter. As per Section 6 of the above stated Act, there are rules for the determination of partnership existence which are as under: Rental contracts or common lease contracts does not lead to partnership even if the profit is shared proportionately. A Partnership is not created merely by the share of returns calculated in a gross manner. Even, if the above returns are arrived from a property which is held jointly or commonly, there is no chance of considering the same as a partnership organisation. Contingent payments or changing profits of an organisation do not lead to Partnerships. For example, Receipts of debt amount or instalments and other such amounts from the amount of profits earned do not constitute an act of partnership. Also, annuity or other such amounts received by spouse or children of deceased do not relate to an act of partnership. The above needs are met by business organisation formed by Dilara and Aysha and hence as per the stated Acts of The Partnership Act, 1958(Vic), it is a Partnership. It can be summarised as under: Dilara and Aysha have a common goal of running the winery as a going concern. They share profits equally as per their mutual consent. They do not fall under any Act of Company or Royal Charter. Current business structure is not suitable for the sale of a part of the wine business i.e Brothersglen Winery to Polat. The form of Incorporated Limited Partnerships must be adopted by Dilara and Aysha. According to section 50 of the Partnership Act, 1958, when at least one general and one limited partner come together, they form a limited partnership. Unlike, the general partnership which constitutes two or more general partners and profits are shared on the basis of the capital invested, Limited partnerships are limited to the part of amount invested by the investor. The type of limited partnership which helps in the effective continuation of risky ventures or projects for high growth and development is found in the incorporated limited partnerships. They are formed in order to acquire control and grip over such risky ventures. They are recognized after the registration procedure conducted by the Consumer Affairs Victoria in which an appropriate form is filed to get registered. Not more than twenty general partners can represent such type of partnership. In other forms of partnerships, there is no specific requirement of entering into a written agreement but in incorporated limited partnerships one need to obtain an agreement in writing. Also, the rules and plans decided to carry on the specific business needs to be mentioned in the agreement. The share of profit details along with the liabilities and functioning after dissolution must be mentioned. Also, the partners who enter on the basis of limited liabilities are not considered liable for the amount outstanding by the partnership. Such projects are undertaken in order to help other people facing a risky situation without taking any burden on themselves. Sections 50 to 67 of the Partnership Act, 1958 defines the limited partnerships which is suitable for Polat and the Winery. According to section 54 of the Act, one must lodge his application for registering under the Limited Partnership with the Commissioner by obtaining signatures of every partner whether current or proposed. Details such as name, address, relationship if any, capital contributed and other required information are to be provided in the form approved by the Commissioner. As per Section 58 of the said Act, a certificate of registration is provided by the Commissioner which states that the partnership formed is legal and lawful in all aspects. The formed organisation takes its place in the register which is the main evidence regarding such formation. The Liability of such Limited partner is restricted to the amount contributed by such partners. A Limited partner is not allowed to participate in the functioning of the business unless mentioned in the agreement. A limited partner is not regarded as a contributory to such business merely because of the following situations: When the limited partner is an employee, officer or a contractor of the general partner. When the partner just provide advices on behalf of the business and its general partners in a professional capacity or activities dealing with the partnership. Thus, Dilara and Aysha shall concentrate on the formation of a limited partnership to decrease their risk and increase the growth of their business. 2. Corporate Governance has become a major focus of all people after the great collapses such as Enron, WorldCom, and other highly qualified organizations across the globe. After, the increase in the bias towards the major shareholders and relatives there is a major need of the corporate governance. The board of directors is required to manage the company with significant responsibilities and duties. There has always been a variance in the interests of the directors and managers and thus to protect the interests of the shareholders and company there has been an introduction of corporate governance. A Non-executive member has full rights to exercise his independence, and he is considered to be a guarantee towards the accountability and permanence of the company. Such member keeps a check on the actions of the executive members of the enterprise and helps identify the opportunities which would prove to be a significant benefit towards the company. In the Listed companies of Australia, it was found that there would be a major reduction in fraud if the members exercise independence. The fraud will disappear if no duality in the position of the board and its members exist. The population of the independent or non-executive directors should form a major part of any organization. HIH Insurance and OneTel were among the major collapses and gave rise to Corporate Law Economic Reform Program which was related to the disclosures and reforms in the audit. The Australian Stock Exchange also adopted the International Financial Reporting Standards along with the formation of a Corporate Governance Council. Australia wanted to reinstate the public confidence by adopting ten major principles of Corporate Governance and performance. The Australian Stock Exchange recommends the nonexecutive directors to be independent in every -decision making process and not to be employed or to be a principal shareholder of the Company. The conflicts such as relations with the society could lead to the non-exercise of the independence along with depriving themselves of the duties and responsibilities required to maintain the corporate governance which is known as the resume independence. In this case, Leo is a non-executive director and is not a substantial shareholder as he holds only two shares in Thomas The Tank Engine Pty Ltd. He has the right to sustain his independence and guide the company in following the corporate governance procedures and principles. He has full powers to act against any illegal activities undertaken by the Board or executive members. Leo has been facing improper behaviour from the executive directors of Thomas The Tank Engine Pty Ltd in the form of: Not receiving dividends even if the revenue of the company increased 300%. A large pay raise and bonus have been voted by both directors Ruby and Amanda. They have arranged for a lease of two expensive cars which would be for their fashionable use. When Leo turned up against the above misbehaviour, he was decided to be removed, and after a meeting of members, he was removed from the board. The above is an act of proper misconduct by Ruby and Amanda as the non-executive member; Leo was just exercising his independent behaviour as per the Act of Corporate Governance. Leo being a non-executive member has full rights of knowing about the company so as to take part in the continuous development and meeting the needs strategically on a daily basis. Leo is required to: Exercise his independent capabilities in an efficient manner. Challenge the propositions of the executive members. Set and amend continuously, the goals and objectives strategically. Make sure that risk management and internal controls are implemented in a proper and efficient manner. Consider the plans of management in forecasting the future. Leo has full rights to: Participate and contribute to the interests of the company. Receive all the notice of Board meetings and papers containing additional information if any. Stand by the independent decisions and if any disagreement or wrong doings occur, can resign. Ensure that there is an active risk management control so as to face any risks encountered. Ensure avoidance of wrongful activities being undertaken inside the organization. Receive notice before being terminated by the company. The notice must be not less than three months and if necessary can be terminated without any notice. In the given case, Leo had been maintaining his due diligence and was not wrong in expressing his free view. According to the responsibilities mentioned under the act of corporate governance, a member has to monitor the illegal activities occurring within the company. Such member cannot be disqualified on the grounds of forwarding an independent view. Leo was correct in mentioning the issues faced such as the non-payment of dividends, high pay and the bonus of Ruby and Amanda, lease of expensive cars for personal use. He cannot be removed and can take appropriate action against the step undertaken by Ruby and Amanda. He requires proper notice of minimum three months along with the suitable reason of removal. 3. The Australian Corporation Act (ACA) has incorporated Section 180 which contains rules and regulations related to the duties and responsibilities to be discharged by the directors. It also includes the defense mechanism framed for the directors who acts in a careful manner but somehow skips his duty unintentionally. Subsection 1 to 180 of the ACA monitors the functions and responsibilities carried on by the directors. It expects a director to perform his duties in a manner expected from a rational man under the same circumstances. No specific requirement for consideration to education and background is mentioned in the subsection. Subsection 2 to 180 of the ACA offers a defense to the directors who unknowingly avoided certain duties as per the necessities of the Act. He can get protection of this section and avoid liability for breach of duties only under the following situations: He exercised his opinions and obligations in good faith and for suitable reasons. He had no substantial interest in the decision making which would have benefitted him personally. He had passed on his decisions to all other directors of the Company. His rational mind gave him permission to move ahead with the decisions which according to him would prove to be the best for the Company. Also, the Section 190 (2) contains matters wherein a director will not be held responsible for any acts if he has delegated the powers to another person only when the act is done in real belief, the grounds were logical, and a proper inquiry was carried on by such director. A court is granted power of providing relief to directors from civil liabilities under sections 1317S and 1318 only under appropriate circumstances. He had a belief that the company was not insolvent. He lacked participation in the management of company even after being an independent director. The Corporate Affairs Commission imposes a penalty of $200,000 on the breach of civil duties, and further criminal actions can be undertaken if required by the Commission. Such action is framed under the section 26 (2) of the Corporate Affairs Commission. Under the section 588(H) of the ACA, a director can get a safeguard against a breach of duty which resulted from the following mentioned under the section 588 (G): Insolvency already appeared or arose after the introduction of the director to the company. There was an existence of suspected grounds of an insolvency of the company. There was a failure on the part of the director to prevent such insolvency of the company. In the given case, there has been a discrepancy on the part of the directors with respect to the preparation and maintenance of the financial statements. The statements showed a profit instead of loss which occurred due to substantial investments in loss-making projects. Erol, the non-executive member, had failed in giving an accurate and fair view of the financial conditions of the company which was a breach regarding the Corporations Act and ACA. The management did not consider it necessary to go through and discuss the financial statements which proved to be a breach of duties required by the directors. The negligence of such directors leads to violation of duties and responsibilities as per the statutes. It was held in the recent case of Australian Securities and Investments Commission v Rich that even a non-executive director had the full responsibility towards the corporation and he should be accountable for any breach conducted without his due diligence. Hence, Kurt was also responsible for the violation carried out in respect of the financial misstatements. Erol being the executive director and also the Chief Financial Officer of TACH Ltd had major responsibilities of Keeping and maintaining the updated financial records containing all its transactions and helps explain the position and performance of the organization and presentation of a true and fair view of the financial statements. In this case, the directors did not intend to gain any personal interest. There was a lack of due diligence but not any deceitful purpose behind misstating the financial records. There was improper functioning of their managerial duties and capabilities as they overlook an important matter which led to a breach. The decision was made in a hurry, and due to time constraint, there was a skip of certain important issues, the main being considering the massive losses as profits. Thus, the director ignored the importance of section 180 (2) of the act by not acting in a careful manner. In the above mentioned case, ASIC v Rich, it explained that the delegated director was responsible, but the person who entrusted will be equally responsible as he did not take any steps to inquire into the final decision making. Time constraint is not at all acceptable; one has to follow the statute liabilities in a complete manner. Erol must have prepared and checked well whether why profit is being shown when there is a substantial incurrence of losses. Also, Vanessa, the managing director, could not take refuge under the section 190 stated above as she had not cross-checked the statements with the actual amounts. TACH Ltd. faced insolvency but still there was a fair chance for the director to get defended by the section 588 (H). Thus, there was a breach of duty and responsibilities on the part of every director be it Vanessa, Kurt or Erol. They must have considered the importance of providing the fair and correct position of a Company. Part B An audit is an opinion expressed in the financial report prepared by applying the required auditing standards and framework. The auditors judgment is helpful in increasing the reliability of the report drawn up, but they cannot assure the users about its effectiveness and efficiency of the affairs conducted by the management. CPA Australia and the Institute of Chartered Accountants in Australia require an auditor to comply with the following responsibilities: Keeping an independent viewpoint Maintaining confidentiality, integrity, and objectivity Maintaining professional proficiency and competency i.e. professional skepticism Taking due care and diligence Maintaining methodological standards An auditor has to be accountable and liable to all users of the financial statements be it externally such as the stakeholders and third parties who place their reliance on such statements. The users are mostly provided with the independent opinions and interested parties such as shareholders rely upon taking important investment decisions such as the acquisition of shares or other assets. Even the financial institution relies upon so as to gain knowledge for approval of loans and other credit rating facilities. The client will have to prove the negligence and that actual loss has been incurred by the auditors incompetency to perform the desired work. The auditor can be held responsible for the client, and they are judged by standards which mention the duties and skills required by the auditor to achieve its objectives. An auditor is held liable on the occurrence of the following: A recognized contractual relationship takes place The negligence of an auditor is recognized and proved There is an establishment of loss by a third party The cases where there is no formal relation and contract but still due care is to be exercised in the following cases: When the trade creditors become unsuccessful in recovering their debts outstanding on the occasion of the debtor company facing liquidation When the Bankers have provided the same with loans or facilities of overdraft When the debenture or shareholders hold stocks or debentures in the company The Investors who purchase share or company can get their investment washed off on the discovery of material incorrectness in the accounts of the company. A third party must prove the following to be successful in negligence against an auditor: There is an existence of a duty of care and responsibility. The auditor must have known that the financial statements would be followed and relied upon by the third party. The third party falls under a category of material concern and such criterion is termed as proximity. The damage faced by the third party is due to the preparation of the negligent financial statements, and the third party has proved that the same would have reduced if there was no reliance on such statements. The Third party must have the proof that there would be an entirely different action undertaken by him on the occasion of non-reliance of such false account statements. He should prove that he forcibly believed in the declarations and accounts to be an accurate and fair one. There are two major theories faced by the Third Parties in Australia which are explained below: Theory of Expectation Gap: In cases of corporate failures, the third parties have a tendency of blaming the auditors for the failures which resulted from the ignorance of management and directors. The major responsibility lies with the management and not auditors. Auditors are not bloodhounds, they are watch dogs. The auditors are not at fault in cases where the management has not considered responsibility to provide the auditors with the accurate and real data and other business details which prove to be material. Theory of Deep Pockets: When the third parties search for a solvent party to recover their losses, they target the auditors. Even if the auditors are not capable of provided the desired recovery, the third parties tend to blame and go against the auditors for the failures to recover the amount. They target the auditors because the company cannot guarantee anything except a very minute benefit.
Wednesday, December 4, 2019
Joshua Fletcher Paragraph Orders Spatial free essay sample
Walking to the end of the hallway opens his eyes to a wealth of vibrant chaos. As soon as he peeks through the threshold he Immediately notices the open toy box to his left. The lid is open and most of its contents are not inside. On the wall above, hangs a decorative motorcycle wheeling its way over a boys name, Tactics. Just below, in the corner, is a toddler bed outfitted with Buzz Lightener sheets and his favorite blanket. Crowning the bed are the superheroes Thro, Iron Man, and The Incredible Hulk. Perhaps there has been some great conflict to save the earth?By appearances this seems to be true. Scanning across the room, he sees the bookshelf is awry, books tussled about Its shelves and the floor surrounding It. There also appears to be a princess who shares this room. Maybe its Snow White, Sleeping Beauty, or the Little Mermaid Ariel? For their images adorn the walls, bedding, and curtains of a little girl. And almost instantly a fathers discord is transformed into overwhelming joy, and the disheveled room seems rather unimportant. Chronological I wish that my days started at six a. M. And that got six to eight hours of sleep each night, but rarely thats the case. Usually, Im awakened somewhere between five and six by one of my two children.Half conscious eel the tug of the covers and the weight of them climbing upon me. This is a joy without parallel. Sometimes they both come at the same time, but more often than not its one followed shortly after by the other. For a few minutes they are docile and then we rapidly proceed into the roles of the tickler and the tickled. By 6:30 we are all out of bed, my wife is in the shower and Im up, turning on Nick Jar. And starting to make chocolate milk and breakfast. I usually always have to referee between the two while picking out their clothes, locating shoes, and wiping hands and faces.Dont forget their allergy declined and vitamins, because seems like one Of them is always got the sniffles. By 7:30 wave got our coats on and out the door. Iris is off to pre-K and Tactics off to Discovery School. Dawns off to work, and Im off to school. Attend a couple of classes, come home let the dog out, do some homework, and then its off to pick up Iris. I come home, ask her about her day, and then we usually play for awhile. Try to squeeze in reading or homework, that way can spend time with my wife when she and Tactics get home.Fix dinner, fold clothes, run a bath, read a bedtime story, get them a drink of water, and alma them back down, hopefully only once by 8:30 p. M. It all flies by so fast, my wife and I relax, maybe watch a movie that we fall asleep through, and if we are lucky we get to sleep until six. General to Specific There are many types of music whose sound varies greatly that are still considered rock music. Most people today would hardly consider the music of Elvis, Buddy Holly, and Chuck Berry as being rock music, but they are. Bands like the Beetles, the Rolling Stones, and Led Zeppelin are now considered classic rock.Rock music has continually been changing, not always for the best. Remember the glam rock bands Poison and Motley Cruel? During the 1 asss bands like the Smiths, the Cure was part of the rock scene coming over from Britain called new wave. Grunge rock produced the icons Nirvana and Pearl Jam who sound was a lot more stripped down and had a grittier feel. The varying and ever dynamic progression has led to punk rock such bands such as the Sex Pistols, hardcore bands like Hatred, even into specific little jaunts like memo rock examples Taking Back Sunday. This genres within the genre go on and on and I suppose always will.John Denver was even partially considered by some to rock music by some. I suppose next time someone asks me what type of music I listen to will be a bit more specific when I tell them, rock music. Specific to General Drag cars are some of the fastest and most dangerous cars that are made. They are not driven on our regular streets but on special tracks called drag strips. Most people will never drive a top fueled drag car because the time and cost of building one is rather exorbitant. Select groups of the population are able to afford the high end performance cars such as Ferreira andLampooning. These cars are still major assembled by hand and cost well over a hundred and fifty thousand dollars. There are also some fairly affordable performance cars out there such as the Corvette Z and Audio TTT who offer better than average speed and handling but at less exclusive price. Car makers have even made horsepower and handling available in widely affordable cars such as the Chevy Camera, Dodge Challenger, and Ford Mustang GET. These cars are relatively inexpensive in comparison with high end cars and are very popular amongst normal daily commuters.You dont eve to be seeking luxury or horsepower to get from one place to another because most all car manufacturers produce one economy car or another. Even brands such as Aka and Haunted cater to people seeking a reliable and affordable means of travel. Question and Answer Were the pyramids in Egypt built by human hands? I know that the broad consensus is that teams of Egyptians rallied together to move the huge stones that comprise th e elaborate pyramids, but dont think thats very logical. For one reason, todays top architects and engineers cannot replicate the technology or apparatus necessary to erect such a feat.Another puzzling fact is how precisely the pyramids are engineered, each corner pointing true N, S, E, and W. Where did this technology disappear to? If evolution is true, then by logical deduction, then even greater feats than these should be occurring today, but they arent. What if that technology were not their own? In the book of Genesis chapter 6 talks of fallen angels who descended upon the earth and had sexual relations with women to produce a race of giants called the Oenophile. These humanoids were rumored to be 18 to 30 feet tall. David is said to have slain one of the remnants of the giants, Goliath with a tone from slingshot.
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