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The Structure and Content of Basel Ii Accord Finance Essay

Basel II was implemented in the year 2004 by BCBS (Basel Committee on banking supervision), it was to create an international standard of banking regulations on bank’s capital to safeguard financial, operational and market risks. Role of FSA to bank supervision The Financial Services Authority (FSA) is an independent non-governmental body, and a company limited by guarantee responsible for the financial regulation.FSA aims to provide efficient, orderly and fair financial markets to help customers achieve fair deal and to improve its business capability and […]

Why People Blame Cds for Recent Financial Crisis Finance Essay

This briefing paper provides background on the derivatives markets and their role in the financial crisis, evaluates aspects of the main reform proposals and whether or not these reforms should be implemented. One of the least understood but potentially among the more damaging factors contributing to the crisis in global financial markets is an asset class known as over-the-counter (“OTC”) derivatives and one OTC product in particular known as credit default swaps or “CDS.” Indeed, even were there not multiple […]

Portfolio Practical Assessment

Introduction Every industry is racing to be on top to attract as many customers as they can in their specified field of domain and in order to achieve that many companies collect humongous amount of data related to their customers. It may range from personal details of the customer being on the one end of the spectrum to the high-end insights on the customer interests and spending behaviors etc. Background I am working as a AWS Cloud/Python Developer for a […]

The State of Bitcoin Mining Regulations

As any emerging industry, the cryptocurrency as a whole is experiencing lots of uncertainty surrounding regulation and legality, while the act of mining bitcoin – receiving fractional tokens for participating in the blockchain – falls under even more regulations worldwide. In particular in China, there have been recent crackdowns on mining practices, including the termination and expulsion from the Communist Party for two school principals. Let’s take a look at some mining regulations in different countries around the world. European […]

Fair Work Act

Issue: The legal issue is if XYZ Pty Ltd Can be held responsible for the injuries suffered by Lewis. Lewis a truck driver who drives XYZ truck has been injured at the depot where he attends every day, Monday to Friday, to pick goods for delivery since 2001 after the advertisement they had placed for drivers. The question arises as to if it can be established that XYZ Ltd is liable under the law of Fair Work for the injuries […]

The most Important Bankruptcy Supreme Court Cases

The Most Important Bankruptcy Supreme Court Cases Issue Whether debtor’s retained counsel could be compensated for the fees and expenses incurred in the defense of its bankruptcy fee application. Facts The Southern District of Texas Bankruptcy Court awarded Baker Botts, LLP, along with Jordan, Hyden, Womber, Culbreth & Holzer, PC, approximately $120 million in fees for representing ASARCO, LLC, one of the leading copper producers in the U.S., who filed for Chapter 11. As the bankruptcy court noted in its […]

Today’s Postal Rule Application

It is usually said that not only the offer be accepted, but the acceptance must be communicated to the offeror. Where the parties are negotiating face to face, this present no problem since the acts or words which manifest acceptance will also communicate it. Where the parties are negotiating at a distance by post, telephone, telegram, telex, fax or messenger the principle obviously has important applications. (Dudgale, 1992) However in the case of postal acceptance, perhaps numerically the most common […]

Hypothecation

Hypothecation: Under this mode of security, loans are provided against the security of movable property, usually inventory of goods. The goods hypothecated, however, continue to be in the possession of the owner of these goods (i. e. , the borrower). The rights of the lending institution (hypothecatee) depend upon the terms of contract between the borrower and the lender. Although the lender does not have physical possessions of the goods, it has legal right to sell the goods to realize […]

Walt Disney Yen Financing

1. Should Disney hedge its yen royalty cash flow? Why or why not? If so, how much should be hedged and over what time period? Yes, Walt Disney Company should hedge its royalty cash flow to protect against currency fluctuations. The company has revenues in Yen and does not have expenses in Yen. Thus it would be converting the Yen to Dollar and so is exposed to foreign exchange risk. The value of Yen has declined recently and it is […]

“Salomon is in the Shadow. it is Still Alive but no Longer Occupies the Centre of the Corporate Stage” (Schmitt Off, C.M., ‘Salomon in the Shadow’ [1976] JBL 305).

Critically evaluate, with reference to relevant case law and statute, how far this statement accurately reflects the current law relating to lifting the veil of incorporation. Introduction Salomon v Salomon[1] involved the principle of separate corporate personality. This states that as a general rule a limited company’s shareholders are not liable for the company’s debts beyond the nominal value of their shares[2]. However, in certain situations courts have ignored this principle[3]. Courts have done this under statute, during wartime, where […]

Mutual Trust and Confidence in Contracts of Employment

Mutual Trust and Confidence in Contracts of Employment In order to answer this question one must first assess and consider the law relating to the implied duty of mutual trust and confidence in contracts of employment. This concept will need to be examined in accordance with case law and current working practices. The idea of mutual trust and confidence is regarded as an implied term that is placed into the contract of employment. It is worth noting that other implied […]

What Purposes do IPRs and Standards Serve?

“IPRs and Standards serve different purposes: IPRs are destined for private exclusive use, Standards are intended for public, collective use”. Institute (ETSI) IPR Special Committee With the proliferation of network economy, a common design for the products or technology that can be used universally takes a front seat. Standardization does exactly the same. A standard can be defined as a set of technical specifications which seeks to provide a common design for a product or process[1]. Standards improve compatibility and […]

The Withdrawal of Shareholders

Considering the many unfavorable results of company dissolution, it can be appointed in the articles of association that the withdrawal of shareholders should be the pre-procedure for dissolution of the company. Only when shareholders cannot agree upon their ways of withdrawal, the company takes the act of dissolution. Therefore, the author suggests that the company regulates in the articles of association that the withdrawal of shareholders should be a necessary procedure before the resolution of the company. But it should […]

The Romalpa Case: Signpost or Diversion?

The Romalpa Case: Signpost or Diversion? The supply of goods on credit is a commercial commonplace. Foreseeable difficulties will however arise where the buyer withholds payment or, more seriously, is unable to make payment due to solvency difficulties. The difficulty when a company is forced into liquidation or an individual into bankruptcy was summarised by Templeman LJ[1]: “…unsecured creditors rank after preferential creditors, mortgagees and the holders of floating charges and they receive a raw deal.” It is therefore prudent […]

The Scheme of Arrangement under Section 176 of the Companies in Malaysia

Scheme of arrangement under S 176 of Companies Act had been a formal corporate rescue process in Malaysia before the outbreak of financial crisis of South East Asia in 1997.[1] Although the purpose of the provision had never be a corporate rescue mechanism,[2] Scheme of arrangement not only can be applied by the insolvent company as a last straw to clutch at in saving the company, but also by ordinary company for adjustment of members’ or creditors’ rights, reorganisation of […]

The Separate Legal Personalty and Piercing the Corporate Veil

BUSINESS LAW Types of Businesses A business refers to an organisation involved in the trade of goods, services, or both to consumers. Sole proprietorship is owned by one person and operates for profit. The individual has day-to-day responsibility for running the business however they can choose to operate singly or employ other people. The business is considered to be part of the individual and not a separate entity. As a sole proprietor, all responsibility, debts and liability are assumed by […]

The Legal Framework

Introduction An offer An invitation to treat A counter – offer According to Un Convention on contracts for the International Sale of Goods applies, explanation for the rights and liabilities of the parties that involved Contract is an agreement of a two parties especially once it is written its enforced law. An agreement refers to a “meeting of the minds”. There is no magic language necessary to inform an agreement. However, there is an offer must be made by a […]

The Corporate Governance in the Companies Act, 2013

The corporate Governance in the Companies Act, 2013 The Companies Act, 2013 reinforces and redresses laws pertaining to companies[1]. The Companies Act, 2013 was passed by the parliament and received Presidential assent on 29th August, 2013. Some of the provisions of the Companies Act, 2013 were notified in the Official Gazette on 30th August, 2013. Many of the provisions of the Companies Act, 1956 continue to be in force[2]. Corporate Governance is an important aspect in the Companies Act, 2013. […]

The Different Elements of a Contract

Mission Statement: Our mission is to take a genuine interest in our clients, understand their objectives, and meet or exceed their expectations. Keyz Law Firm is a business consulting firm within Jamaica. This firm was founded by Tauna-Shay Palmer and Jon-Ross Kelly in 1997. This establishment is located in New Kingston. The location is very good for business because there are a lot of small business within that area. Keyz Law Firm is a firm which was developed to help […]

Street V Mountford

“The right to occupy land in return for payment is consistent with the grant of a lease or a contractual licence, however, the consequences of the two alternatives are very different”(1) The reason for this difference is because under the Land Registration Act 1925, only a lease is a legal interest in land and is capable of registration. This affords the lessee a substantial number of rights including the ability to assign the interest. In contrast, a licence is essentially […]

Terminating a Lease

The situation that has arisen in regards to the property, and subsequent town planning of the area, has presented a number of issues in regards to the possible renewal, or termination, of the current lease agreement. It has been mentioned that the current agreement for part of the property is due to end in May 2006; however the future of the industrial estate is unclear in the short to mid term. The other property (small units) is currently unoccupied, and […]

The Carriage of Goods by Sea Act: a Case Study

>Introduction The law relating to the carriage of goods by sea is significantly difficult to master. In general terms, it often involves overlapping jurisdictions, which can make it difficult to ascertain the governing law of the contract, unless the law has been expressly agreed by the parties to the contract. In this case, it is clear that the Hague-Visby Rules apply, given their express designation in the bills of lading relating to the crates. Other contracts may not be as […]

Restrict Financial Liability to a Specific Sum

Explain the meaning and significance of the provision in Section 11 Sub-section 4 that deals with a contract term seeking to restrict financial liability to a specific sum. How useful are the guidelines for applying the reasonableness test in Schedule 2? (4) Where by reference to a contract term or notice a person seeks to restrict liability to a specified sum of money, and the question arises (under this or any other Act) whether the term or notice satisfies the […]

Restructuring, Professionalism and Ethics in Insolvency Practice

Restructuring, Professionalism and ethics in Insolvency Practice Assessment Item 2 Discuss the legal and professional responsibilities arising from the facts set out below for Gerard Mann, ( a director of Manu Ltd and ManF Pty Ltd) and Reconstruction Remedies Larry Liquidator a registered Insolvency liquidator. Key facts of the case Manu Ltd (part of a group controlled by Mann family) making parts for specialized medical equipment, in recent years producers of equipment pressuring Manu to lower costs or they will […]

Rights of Shareholders as Members of a Company

Shareholders play an important part in the corporation. They are very vital for the company. They have the power to take company decisions and influence the working of the company. The shareholders are able to exercise such influence and control over company only when they are free to exercise their rights in a legitimate manner. The shareholders have numerous rights which have been laid down in the Companies Act, 1956. Under the Act, the shareholding of a company is determined […]

Robins & Robins Case Note

Robins & Robins Indemnity can be described as an obligation of making good any liability, damage or loss incurred by another party. In indemnity, one party to the contract holds the other party to the contract harmless for some damage or loss. In this case, the first defense Casings, Inc. will have is that there was a clause in the contract indemnifying it from defects beyond the cost of the supplied parts. Therefore, Casings, Inc. can argue that they are […]

Money Laundering in Malaysia

Part A Explain what is illegally depositing money in a company ( illegal deposits ) or commonly called as money laundering. Explain using an actual example of a Malaysian company found to have conducted illegal money depositing. What sanctions were imposed on those who were caught to have involved in such activities. (20 marks) Money laundering refers to the illegal proceed of drug crime syndicates, terrorist crimes, smuggling or other crimes and the income generated through a variety of means […]

Laws and Media Report

1) Identify the area of laws that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report. This media article commentates about the link-up between the radio station of Macquarie Radio Network and that of Fairfax Media’s Radio Business. The ACCC (Australian Competition and Consumer Commission) authorized the merger. The ACCC encourages competition and legal and equitable trade in the market to profit businesses, the community and consumers. They are […]

Legal Issues in Construction

Introduction The industry of construction is very vast in UK, which sometimes contributes to 10 percent of the total GDP of the country. Many commercial issues have been grappled with it, all of them were in sharp focus by the critical climate of economy, since the mid of 2008. The essential nature of a contract can be encapsulated by different definitions. One definition which is very well understood in the context of business is considered it as an […]

Fraud and Misrepresentation

In the business world where deals are struck and broken daily it is important to understand what the requirements are from start to finish, however beyond the fundamental scope to the creation of the original terms contracts agreements there are other underlying principles that must be explored that makes a contract voidable or invalid. This paper will explore the those principles that go beyond the scope of the formation, now you can start getting into the meats and potatoes of […]

Business Law Essays