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Corporate Governance and Company Law

INTRODUCTION Modern business enterprises taking tremendous effort to maximize their profits by implementing their own market strategies, corporate governance has lot to do under such circumstances. Corporate governance comprehensively refers to the main mechanism which involves in the process of regulation and existence of an enterprise.The separate legal entity concept where a company possesses and its distinct nature from the members who fund in their money towards the capital of the enterprise and empower its management to a team of […]

Good Faith and Contract Law

Good Faith & Contract Law “the governing principle … applicable to all contracts and dealings “. This statement was made by Lord Mansfield in 1766 and was an (unsuccessful) attempt to raise good faith to the level of a general principle, the common law as it subsequently developed rejected his initiative. The traditional law of contract, as it became established in England in the second half of the nineteenth century, did not impose or recognise a general duty of good […]

Intellectual Property and Patent Law in Nepal

1. Introduction Inventions are the property of their makers. That means if someone expresses his/her idea or initiative, it is his/her property which is known as intellectual property. The word “intellectual property rights,” in accordance with the Agreement on Trade-Related Aspects of Intellectual Property, 1994 ( hereinafter TRIPS), refers to the rights related to Copyright and Related Rights, Trademarks, Geographical Indications, Industrial Designs, Patents, Layout-Designs (Topographies) of Integrated Circuits, and Protection of Undisclosed Information. Looking back to history, the importance […]

Problem Scenarios on Contract Law

Law of contracts Table of Contents Facts of the case Issues of the case:- Relevant Laws:- Application of law:- Suggestions:- References Facts of the case Alice is the owner of the block of land in the region of the central coast and recently got her architect’s plan for developing that site for the child care facility approved by the local council. Alice sends a letter to four builders i.e Bazza, Cassy, Davo and Edna to tender for the job for […]

The Financial Ombudsman Service Essay

The Financial Ombudsman Service The Financial Ombudsman Service (“FOS”) is stated to be ‘The official independent expert in settling complaints between consumers and businesses providing financial services.’ It is a public body that was established by Parliament and is authorised to deal with a very broad range of complaints in areas ranging from banking and insurance, to loans, credit and hire purchase and savings and investments. The standard it applies when determining complaints, is what in the opinion of the […]

September 11 Insurance Industry Finance Essay

Sept. 11 attacks exposed insurance industry to new and unheard costs of global terrorism. Terrorist attacks on Sept. 11 were the most expensive insurance event in history till that date. Sept. 11 attacks cost about $40 billion to the insurance industry (Hartwig, 2002). The previous biggest single event insurance loss was $19 billion for Hurricane Andrew (Hartwig, 2002). Insurance losses from Sep 11 attacks are almost double the losses from any event before that. The most significant aspect of this […]

Types of Derivatives Traded Finance Essay

OTC derivatives are contracts which are privately negotiated and traded directly between two parties. Trade takes place excluding exchange and other intermediaries. Being largely unregulated when it comes to disclosure of information, the OTC derivatives market is the largest market for derivatives. Products such as swaps and forward rate agreements are examples. Given that trades happen in private, recording of OTC figures is difficult and this can be clearly noted from the Bank for International Settlement (BIS) figures. The total […]

Equity Derivatives Market of Japan Finance Essay

What are Derivatives? Derivatives are financial instruments, in fact an agreement between two parties. This has a value determined by something called as underlying. It is a financial contract with a value linked to the expected future price movements of the asset it is linked to – such as a share or a currency. There are several kinds of derivatives, with most commonly used ones being Futures, Options and Swaps. But since a derivative can be placed on any kind […]

Policies Related to Trade Credit Finance Essay

Trade credit is very informal and is hard to monitor and therefore are often overlooked in policy and research (Paul and Boden, 2011). The common setback of trade credit management is late payment, which may arise from abusive power behavior by large companies towards small suppliers. The UK government authorities have created numerous policies that tackle the late payment. Many of existing reports have recommended the government intervention in tackling late payment problem but many of these policies were created […]

Specification of a Futures Contract Finance Essay

Future market is a market where contract for future delivery of a commodity or a financial instrument are bought or sold. It also can say as the place where the supply and demand for the trading of future contracts. A future contract is an agreement between two parties to buy or sell and asset at a certain time in the future market for a certain prices. In order to make the trading possible, the exchange specifies certain standardized future for […]

Structure of the Derivatives Market Finance Essay

Financial market for derivatives is called derivatives market. Derivatives market is a financial instrument that provides a safety tools and effective management risk of tools in financial futures and commodity products. Derivatives market also manages the fluctuation of stock index future market, option market, interest rate and stocks. With the establishment of derivatives market, it is hope that the investors and the corporations can manage their fluctuations of the market. The example of derivatives product in Malaysia such as KLOFFE, […]

Uses for Derivatives and Hedging Finance Essay

In finance, a derivative is a financial instrument (or, more simply, an agreement between two parties) that has a value, based on the expected future price movements of the asset to which it is linked-called the underlying asset such as a share or a currency. There are many kinds of derivatives, with the most common being swaps, futures, and options. Derivatives are a form of alternative investment. For example, a cotton farmer and a miller could sign a futures contract […]

The Postal Acceptance Rule in Contract Law

Introduction An arrangement of a contract needs an agreement; it follows that, in sort for such agreement to be reached. There have to have an offer offered by one party which is accepted by the other. An acceptance is that, a concluding and incompetent expression of consent to the terms of an offer. To determine whether an agreement has been reached under a historical contract theory, an acceptance which matches the offer that has been made is essential. In accordance […]

Problem Questions and Answers on Company Law

Coursework 1 Adam, Belle, Claire and Dennis have decided to set up a new company which is private, limited by shares. Section 1 Incorporation Documentation Memorandum of Association (MoA) Under the Companies Act 1985[1] the Memorandum of Association[2] sets out a company’s constitution and objectives. It’s also forms the basis of a company’s existence, by regulating external affairs (ss 2-6, CA85)[3]. The MoA was significantly simplified later by the Companies Act 2006[4]. Now, it requires the names of the first […]

Definition of Surety Company and Bonds Finance Essay

In the construction Industry something is needed to insure the project will be complete within time, within budget and with specifications requirements. The surety bond guarantees that one of the primary parties will fulfill an obligation to an obligee, which in most cases is the completion of contract work as detailed in the contract drawings and specifications within the time frame designated by the owner. To guarantee that the designated work will be completed by the contractor, owners will request […]

Introduction to the Main Derivative Contracts Finance Essay

According to the Bank of International Settlements (1995), a derivative is defined as “a contract whose value depends on the price of underlying asset, but which does not require any investment of principal in those assets. As a contract between two counterparties to exchange payments based on underlying prices or yields, any transfer of ownership of the underlying asset and cash flows becomes unnecessary.” Derivatives play a large and increasingly important role in financial markets. Derivatives markets for financial variables […]

Key Principles Enshrined in the Shariah Finance Essay

The key principles enshrined in the Shariah which shape the way Islamic finance has evolved are riba, gharrar, maisir and haram. The Quran categorically prohibits the giving or receiving of interest, regardless of the purpose for which the loan is made and regardless of the rate of interest charged. Although there is consensus among the Muslim scholars that riba is banned, some controversy exists over what the concept actually is, [2] and consequently what financial transactions are prohibited. [3] Dr Siddiqui in […]

Methods of Payment in International Trade Finance Essay

Trade is the exchange of goods, services, currencies or intellectual properties. International trade is the exchange of goods, services, currencies and intellectual properties among different countries. There had been many limitations on the trade previous eras, but now these restrictions are mostly eliminated. Although these eliminations, international trade is still regulated and conducted by governments and usually has the burden of tariffs. These tax tariffs or different regulation policies may cause some problems which is called trade barriers. In order […]

Purpose of Foreign Exchange Risk Hedge Finance Essay

This report has been produced as a request of the course “International Financial Management”. This report has been developed in three segments. Part one explaining the factors related to hedging and the alternative techniques available. It also brings into consideration the factor that the CEO’s request of the techniques have also been brought under and compared. Part two has compared all three selected options and has produced the final selection. Last part has a comparison of the forward and option […]

Summarise the Aspects of Corporate Governance Finance Essay

INTRODUCTION The present stage of economic cycle we will see more companies to get delisted from ASX due to corporate failure and due breach of duty from director side. With amid fear from global recession Director must be worried that their duty will be scrutinised and they have to perform their duty with proper and intelligent manner. Australian Security exchange acknowledged the best governed companies and according to Australian Security Exchange company who lack in corporate governance or in performing […]

The Concept of Lex Mercatoria in Internation Law

Lex Mercatoria being the Latin term for ‘merchant law’ is the term used to describe the body of commercial laws that the merchants of Europe used during the medieval times. It is the body of law that will stand as the foundation in understand certain important international trade instruments. As it stands today, Lex Mercatoria is said to be vague, and not specific. This is due to the range of laws that are said to be contained within it which […]

The Legal Obligations of Parties in Various Business Transactions

Introduction Law provides the framework for the regulation of business relationships and hence is imperative for any business activity forming an important part of business environment. In the given assessment the interplay of law and business has been is depicted while analyzing the legal obligations of parties in various business transactions. Task 1 Sole trading Sole trading is where a person starts his personal business without any collaboration with others. Fewlegal formalities to operate the business in sole trading and […]

Application of Derivatives to Portfolio Investment Management Finance Essay

The financial crisis of 2008 has been a turning point in the financial systems and economies across the globe. According to (Marshall and Grant, 1997) companies face many types of risks, some of which can be controlled and some cannot. However, recent decades have observed drastic changes in the nature of risk in global financial markets, where the volatility of many asset classes has increased. In an atmosphere where investors are consistently exposed to a comprehensive range of risks, derivatives […]

Islamic Banking and its Principles on Risk Finance Essay

The key element of Islamic banking is that the risks of financial transactions should be evenly divided between depositor and investor, that is between bank and client. Interest in the sense of asking a fee for merely lending money, is prohibited, as long as the lender is not running any risks themselves. Speculative contracts such as futures and options are also forbidden. A practical consequense of these Islamic principles is that the relationship between investor and depositor becomes one of […]

Study of Foreign Exchange Management of Toyota Finance Essay

As Toyota is a multinational corporation, Toyota has faced foreign currency exposures related to buying, selling and financing in currencies in different foreign countries. The foreign currency risk which exposed by is related to future earnings, assets and liabilities. The reasons are due to operating cash flows and various other financial instruments which are denominated in foreign currencies. Due to Toyota most profitable market is still in America and Euro countries, U.S. dollar and the euro are the impact of […]

Study on how Derivatives Can Reduce Risk Finance Essay

Derivatives are based on the behaviour of the basic assets. Derivatives have a lot of purposes. It can be used to minimise risk. For that it is need to allow the investor to hedge an investment or exposure, and hence it should be act as a function as a sort of insurance policy against adverse market movements. It can also be used to get extra leverage for specialized market speculation. These are a type of contracts which can be used […]

Overview of Fraser and Neave Holdings and Nestle Finance Essay

The chairman and CEO of F&N are two different people. Y.A.M Teng Ku Syarif Bendahara Perlis Syed Badarudin Jamalullail is the F&N’s chairman, while the CEO of the company is Mr Tan Ang Meng. Independent non-executive directors of F&N make up of at least one-third of the board membership. There are 4 independent non-executive directors of 11 board members. All directors are non-executive directors except the CEO. The non-executive directors of F&N are capable, skill and experience. They full of […]

Overview on Guidelines of the Financial Services Authority Finance Essay

This report advises Financial Institutions importance of the principals and guidelines of the Financial Services Authority (FSA) and as a legal advisor at Peter Bloomfield. The report will look at how companies, employees and managers are approved in accordance to advising regulated activities, how companies have responsibilities if they fail to comply with the laws and regulations set and what appropriate action is required to the set FSA guidelines. The FSA is an independent non-governmental body who are limited by […]

Study on the Different Types of Forward Contracts Finance Essay

FORWARD CONTRACTS: A forward contract agreement is effective under the consistent critical terms method if all the following criteria are met: 1. The forward contract is for the purchase or sale of the same quantity or notional amount and at the same time as the hedge able item. 2. Upon association with the hedge able item, the forward contract has a zero fair value. 3. The references rate of the forward contract is consistent with the reference rate of the […]

Study on the Financial Strategies Used by Metallgesellschaft Finance Essay

Metallgesellschaft MG is the 14th largest industrial company in the Germany. It has started working in December 1991. Its executive chairman was Heinz Schimmelbusch. About 58000 employees were working in this company. It was a large company, involved in a wide range of activities, like mining, engineering, commodity market and financial services. Major shareholders in this company were Deutsche Bank AG, the Dresdner Bank AG, Daimler-Benz, Allianz, and the Kuwait Investment Authority MG, a traditional metal company. Its customers were […]

Business Law Essays