LAW 2450 COMPANY AND FINANCE LAW ASSESSMENT 2

PART 1:

This assessment is an individual assessment and consists of TWO parts.

The total mark for the assessment is 40 and is made up of:

Written assessment: 30 marks

 And

Video presentation 10 marks.

PART 1:

This part consists of a written advice report where you will be required to provide written advice (supported by legislation, case law and where appropriate regulatory guidelines)

To obtain marks for this assessment, BOTH the written report and the Video must be completed. If both items are not done, then NO marks will be awarded at all for the assessment.

Part 1 is worth 30 marks

The assessment is available from Wednesday 14 September 2022 at 9 am.

The due date is Thursday 22 September 2022 5.00 pm via Turnitin.

The word limit for the written report will be 2,500 words plus or minus 10%. This excludes the bibliography or referencing.

Expectations in preparation of the report:

The organisation that you work for has a growing profile in the profession and therefore expects all staff to demonstrate a high degree of professionalism.

In the advice that you are to prepare you are expected to demonstrate that you understand the relevant law and how the law applies to the issues raised by the client and come to a logical conclusion.

You are also expected to be able to justify your conclusion by reference to the relevant legislation in the Corporations Act, ASIC Act, or any other legislation you think appropriate, ASIC regulatory guidelines and case law.

 Your senior manager has high expectations of you and she will not accept:

  1. any grammatical errors or unsubstantiated statements or conclusions made in your report.
  2. Incorrect spelling or references to the client
  3. She will not tolerate any material copied from textbooks, google or any other source which you attempt to pass off as your own material.
  4. Any references you make to articles, journals or other textbooks must have been reviewed or read and understood by you and correctly referenced.

You must use the RMIT Harvard System for referencing. Here is the link to how to use the above referencing system.

Referencing – RMIT University

You have been with the organisation for six months and you are in line for a pay rise and promotion. Your performance on this task could determine whether you get them or not.

Background:

You have recently graduated as an accountant/ financial adviser and your first position is with medium sized integrated accounting and financial services organisation in Melbourne.

The directors of Metrix Pty Ltd (Metrix) a large private company that is involved in the building of residential homes throughout Australia has sought an appointment. You have been asked by your senior manager (Megan) to sit in on a meeting of the client and the directors and to take notes on the issues raised and then to prepare a written report on the matters for review by your senior manager. The meeting is scheduled for Tuesday 13 September at 8 am. You will be expected to take notes of the meeting and then prepare a statement of advice for Megan to review. Once she is happy with it, she will send out to the client.

Format of report

You will be preparing a statement of advice addressed to Megan where you will be expected to identify the corporate or finance legal issues that arise from the meeting. You will then be required to apply the law to the issues and support your opinion by reference to case law, legislation, or regulatory guidelines.

We are NOT looking for a legal dissertation on Corporate and Finance Law. We are looking for you to be able to demonstrate that:

  1. You understand the law
  2. You understand how to apply the law to the issues raised in the meeting by the client
  3. You come to a conclusion.

You are preparing a statement of advice to be read by a client who is not a corporate and finance law expert.

However in your answering when you make a statement you need to be able to quote the relevant law to justify your answer.

Below is the suggested template for the report you are to write to Megan

TEMPLATE FOR REPORT TO MEGAN

Memorandum of Advice:

To: Megan

From: (Your name)

Client: Insert Client name

Date:

Introduction:

Further to the meeting with (insert name of client) on Tuesday 13 September 2022 I now set out my advice based on my understanding of the matters raised by the client. Where the information from the meeting was not clear to me I have stated the assumptions upon which my advice is based.

Issue 1:

Answer all the questions raised identifying the issues raised from your understanding of the facts, apply the relevant law (case law and legislation) to the issue and come to a conclusion.

Your response must be supported by case law or legislation.

Your conclusion in respect of each query raised by the client.

Issue 2:

Answer all the questions raised identifying the issues raised from your understanding of the facts, apply the relevant law (case law and legislation) to the issue and come to a conclusion.

Your response must be supported by case law or legislation.

Conclusion in respect of each query raised by the client.

Issue 3:

Answer all the questions raised identifying the issues raised from your understanding of the facts, apply the relevant law (case law and legislation) to the issue and come to a conclusion.

Your response must be supported by case law or legislation.

Conclusion in respect of each query raised by the client.

Issue 4:

Answer all the questions raised identifying the issues raised from your understanding of the facts, apply the relevant law (case law and legislation) to the issue and come to a conclusion.

Your response must be supported by case law or legislation.

Conclusion in respect of each query raised by the client.

Issue 5:

Answer all the questions raised identifying the issues raised from your understanding of the facts, apply the relevant law (case law and legislation) to the issue and come to a conclusion.

Your response must be supported by case law or legislation.

Conclusion in respect of each query raised by the client.

THE CLIENT MEETING

The client and issues:

Metrix Pty Ltd (Metrix) is a large private company established in 1976 by Mario Le Mesurier and Stephen Adam. The two were carpenters and built up the company to be the preeminent home building company in Australia. The company focuses only on building residential homes. They do not build commercial buildings.

The company has the following directors and senior officers:

Mario Le Mesurier Chairperson

Stephen Adam: Managing director

Li Ma: Chief Financial Officer

Suren Chandra: Construction director

Victoria Moser: Design director

Joshua Leong: Purchasing director

Ali Ahmed: Senior safety and welfare manager

Kathy Di Mella: Senior architect

Mario, Stephen and Li have asked for the meeting because they have the following issues, they would like advice on.

Issue 1:

The company since January 2021 has been losing money on housing contracts due to the increase in building materials, the labour shortage and the nature of the contracts with customers. Currently to complete 58 housing contracts the company would make a loss of $3,653,000 in total. The reason for this was that these contracts were fixed price contracts and did not envisage the impact of COVID on supplies and labour.

The financial statements prepared by Li show that this would result in the company for the year ended 30 June 2022 making a trading loss of $11,200,000.

Other factors attributing to the estimated loss are rental costs, operating expenses and the cost of funding the construction of a new head office building in Mitcham.

The company currently has retained earnings as at 1 July 2021 of $15,864,372 and after the estimated trading losses of $11,200,000 for 30 June 2022, this would leave Metrix with accumulated profits of $4,664,372. Metrix is also facing pressure from its contractors to pay them for their materials and services. The outstanding creditors are $18,328,789. Some are secured over the new head office, building supplies but many are unsecured.

The shareholders funds of Metrix consist of:

Authorised share capital (ordinary)                                                 $12,000,000

A class preference shareholders                                                    $8,000,000

Retained earnings                                                                         $4,664,372

Total shareholders funds of the Metrix as at 30 June 2022:              $24,664,372

The directors are mindful of the need to retain funds for working capital and estimate the company needs working capital of at least $6,500,000.

Issues they seek advice on:

  1. Is there a profit at law from which the directors of Metrix can pay a dividend if they wish to do so? The board of directors of Metrix has had a history in the past of paying dividends each year of approximately 15% of the retained earnings of the company at the end of the year.
  • If they do decide to pay a dividend of 15% of retained earnings, would you recommend it or not?

Issue 2:

The company has its own constitution (previously called the memorandum and articles of association). In the constitution it stated that the A class preference shareholders were entitled to a dividend of 6.5%  each year. The directors would like to reduce this rate to 2.25% given the current financial position of the company and propose replacing the existing rule with a new rule reducing the dividend to 2.25%.

Issue they seek advice on:

  • Can the A class preference shareholders prevent the company from changing rule in the constitution to reduce the dividend rate?

Issue 3:

On a building site, one of the plumbers fell off the roof and severely injured herself. An investigation by Work Safe Victoria found that Metrix had not ensured that adequate scaffolding had been erected on site to prevent such an accident. Ali as the senior safety and welfare manager was responsible for ensuring the safety of the workers. He stated that he had delegated this responsibility to the supervisor on site and that it was that person’s responsibility.

Issue they seek advice on:

  • Is the company liable or is Ali and the supervisor personally liable for the injury to the plumber?

Issue 4:

Because of the shortage of supply of timber and other building materials, Joshua the purchasing director found it difficult to source the materials at a reasonable price. He managed to find one supplier Sandalwood Pty Ltd who was prepared to provide Metrix with the building materials at a reasonable price. To “thank” the director of Sandalwood Pty Ltd, Joshua signed a contract to transfer a block of land owned by Metrix to the director of Sandalwood Pty Ltd at no cost. Joshua signed the contract and also forged the signature of Victoria on the contract.

Kathy Di Mella, the senior architect is nervous about the financial viability of Metrix and therefore her employment. She has always harboured ambitions of running her own architectural practice. During the year Victoria inadvertently left her computer on and Kathy downloaded the client list of Metrix. She established a new company called Melldik Services Pty Ltd to provide architectural services and contacted the clients from the lost she downloaded.

One of Metrix’s clients advised Mario that Kathy’s company had contacted them.

Issue they seek advice on:

  1. Is the contract valid and is Metrix liable to transfer the land to the director of Sandalwood Pty Ltd.
  2. Can Metrix take action against Joshua?
  3. Can the directors remove Joshua?
  4. Can Metrix take any action against Kathy?

Issue 5:

Li has indicated to the board of directors that the company is fast running out of funds to survive and complete the housing contracts.

Given the downturn in the financial markets around the world, construction companies in particular are suffering from severe cash burn at the moment.

Li has indicated that Metrix only has sufficient cash at bank to fund 3 months of operations. Mario, Stephen and Li are looking at various funding options and are considering:

  1. Continue trading and incurring further debt in the hope of riding out the financial storm.
  2. A rights issue
  3. Private placement to Paradise Merchant Bank Ltd, see below

The current shareholders of the company are:

Employees: 5% (15 staff)

Mario:12.5%

Stephen: 12.5%

Li: 2.5%

Tiger Investments Ltd 40% (an investment bank based in Malaysia,)

Paradise Merchant Bank Ltd: 27.5% (a venture capitalist) based in Melbourne.

There are 12,000,000 shares currently on issue. The current market price is $1.50 which represents a decrease of 30% since the beginning of the year. The valuation was prepared by your employer.

Megan advised the directors in the meeting that the price of a rights issue should be at a 30% discount to current market price. The rights issues should be in the following ratio: 1:3 (for every 3 ordinary shares owned 1 new share can be acquired under the rights issue.

When Tiger Investment Ltd and Paradise Merchant Bank Ltd acquired their interest in the company the share price was $12.45 per share.

Li estimates the company will need $15,000,000 within three months.

Mario, Stephen and Li have no spare cash to invest in the company and would be happy to reduce their holdings.

Issue they seek advice on:

  1. What are the consequences if the company continues trading after the three months are up?
  2. How much could Metrix raise by way of the rights issue assuming all the shareholders take up their entitlement?
  3. What are the risks to them given the current economic and lack of confidence in the construction industry and financial markets turmoil?
  4. What is a private placement and does the company need to issue any documents for this?

END OF ASSESSMENT PART 1 WRITTEN REPORT

Order Now

Get expert help for LAW 2450 COMPANY AND FINANCE LAW ASSESSMENT 2 and many more. 24X7 help, plag free solution. Order online now!

Universal Assignment (September 29, 2022) LAW 2450 COMPANY AND FINANCE LAW ASSESSMENT 2. Retrieved from https://universalassignment.com/law-2450-company-and-finance-law-assessment-2/.
"LAW 2450 COMPANY AND FINANCE LAW ASSESSMENT 2." Universal Assignment - September 29, 2022, https://universalassignment.com/law-2450-company-and-finance-law-assessment-2/
Universal Assignment September 21, 2022 LAW 2450 COMPANY AND FINANCE LAW ASSESSMENT 2., viewed September 29, 2022,<https://universalassignment.com/law-2450-company-and-finance-law-assessment-2/>
Universal Assignment - LAW 2450 COMPANY AND FINANCE LAW ASSESSMENT 2. [Internet]. [Accessed September 29, 2022]. Available from: https://universalassignment.com/law-2450-company-and-finance-law-assessment-2/
"LAW 2450 COMPANY AND FINANCE LAW ASSESSMENT 2." Universal Assignment - Accessed September 29, 2022. https://universalassignment.com/law-2450-company-and-finance-law-assessment-2/
"LAW 2450 COMPANY AND FINANCE LAW ASSESSMENT 2." Universal Assignment [Online]. Available: https://universalassignment.com/law-2450-company-and-finance-law-assessment-2/. [Accessed: September 29, 2022]

Please note along with our service, we will provide you with the following deliverables:

Please do not hesitate to put forward any queries regarding the service provision.

We look forward to having you on board with us.

Get 45%* OFF on Assignment Help

Most Frequent Questions & Answers

Universal Assignment Services is the best place to get help in your all kind of assignment help. We have 172+ experts available, who can help you to get HD+ grades. We also provide Free Plag report, Free Revisions at a Pocket Friendly cost, We offer Best Price in the industry guaranteed.

We provide all kinds of assignmednt help, Report writing, Essay Writing, Dissertations, Thesis writing, Research Proposal, Research Report, Home work help, Question Answers help, Case studies, mathematical and Statistical tasks, Website development, Android application, Resume/CV writing, SOP(Statement of Purpose) Writing, Blog/Article, Poster making and so on.

We are available round the clock, 24X7, 365 days. You can appach us to our Whatsapp number +1 (613)778 8542 or email to info@universalassignment.com . We provide Free revision policy, if you need and revisions to be done on the task, we will do the same for you as soon as possible.

We provide services mainly to all major institutes and Universities in Australia, Canada, China, Malaysia, India, South Africa, New Zealand, Singapore, the United Arab Emirates, the United Kingdom, and the United States.

We provide lucrative discounts from 28% to 70% as per the wordcount, Technicality, Deadline and the number of your previous assignments done with us.

After your assignment request our team will check and update you the best suitable service for you alongwith the charges for the task. After confirmation and payment team will start the work and provide the task as per the deadline.

Yes, we will provide Plagirism free task and a free turnitin report along with the task without any extra cost.

No, if the main requirement is same, you don’t have to pay any additional amount. But it there is a additional requirement, then you have to pay the balance amount in order to get the revised solution.

The Fees are as minimum as $10 per page(1 page=250 words) and in case of a big task, we provide huge discounts.

We accept all the major Credit and Debit Cards for the payment. We do accept Paypal also.

Popular Assignments

The finest assignment helps in Saudi Arabia

Many students dream to study in Saudi Arabia as they offer some of the best facilities, and they boast one of the most spectacular and rapidly expanding higher education systems in the Middle East. So, this should be of no surprise that every year, many international students prefer to register

Read More »

Expert Solutions for the Best Arithmetic Assignment Help Online

Instant Arithmetic Assignment Help for Students Students most often require Arithmetic assignment help online to solve various calculations. Universal Assignment Help Service provides the best solutions to all arithmetic problems for each student. Students simply have to upload their assignment guidelines on their website, and a customized and accurate assignment

Read More »

Assignment help in Cameroon

The Necessity of Assignment help in Cameroon Today management degrees are one of the most prestigious degrees out there and gaining immense popularity, this degree has the most demand in the market as new startups are emerging day by day, and every company needs the best people to run their

Read More »

Assignment Help in South Korea

Difference between a Good vs Great Online Assignment Tutor The e-learning market is growing at a fast rate due to digitalization. This fact causes an increment in the demand for online tutors as students worldwide searches for a suitable solution for online assignment help in South Korea. You might hear

Read More »

Assignment Help in Japan

Outside-The-Classroom Learning Opportunities It is a typical thinking lesson that stands inside the four walls of a classroom. Some educators say the classroom is the abode of learning and knowledge. We cannot prove these statements wrong. However, one thing is certain: they are partially correct. Learning of concepts starts in

Read More »

Assignment Help in Brazil

Why do Students Consider Online Assignment Help in 2022? Academic life is full of ups and downs. Students who experience such a phase struggle to maintain the equilibrium between personal and professional life. It is because of the load of homework, exams, and participation in extracurricular activities. These events cause

Read More »

Assignment Help in Taiwan

What are the Necessities of Assignment Guidance for Students? As technology takes a new turn around, homework assignments become lengthy and complex. This academic work needs lots of core subject knowledge along with proper research to finish it with proper care. Such work is very time-consuming and hectic for the

Read More »

Assignment Help in Hong Kong

Can You Achieve High Academic Results? Every student wishes to get top scores in their exams. Yet it does not happen if you do not get the correct assignment help in Hong Kong from an online tutor. Such support is in the form of tips, advice, hacks, or taking guidance,

Read More »

VU22977 – Practice in a Legal Environment

Advanced Diploma of Legal Practice – 22565VIC PORTFOLIO- CLIENT MATTER FILE Assessment task 1 Prepare a comprehensive portfolio of documents to create a Client Matter File which must include: Element 1 Area of law Cover sheet stating client name and short description of legal matter Client Instruction Sheet, Costs Agreement

Read More »

KIT714 ICT Research Principles: Assignment 1

Practical Qualitative Research Exercise                                                                                                                                         Type:                 In-Semester, Individual Assignment Task Length:   minimum 2,000 words Weighting:     20% of total assessment for this unit Due Date:       Friday 5 August 2022 – 11:55 pm (Week05) Submission:    electronic submission on MyLO (WORD or PDF) Description:    This practical exercise will engage students in a qualitative research

Read More »

MODULE 44-704463 Dissertation Help

ASSESSMENT CRITERIA Dissertation (12,500 words) Deadline: JULY 29th 2022, 3pm Introduction and abstract  Situates the research question within the, theory, and concepts Explains the value of the study.  Relevance of the research question, to the field of study is fully justified. Leads logically into the Literature Review. Abstract of professional

Read More »

ITECH1103-Assignment: Assignment 2: Analytics Report

Overview The purpose of this task is to provide students with practical experience in writing a data analytical report to provide useful insights, patterns, and trends in a chosen dataset in the light of a set of tasks required within this document. This dataset will be chosen from the UC

Read More »

PBHL20001 Term 1, 2022 – Supplementary Assessment

PBHL20001 Term 1, 2022 Supplementary Assessment The influenza pandemic that followed World War I and took place over the period from 1918-1920 resulted in an estimated 100 million deaths worldwide and 500 million infections. In addition, this pandemic had a significant impact on public health practice throughout the 20th century

Read More »

Community Health Project 1 (HLTH 3058): Assessment 2: Portfolio Task 2

Community Health Project 1 (HLTH 3058) Assessment 2: Portfolio Task 2 – Evaluative Framework Marking Guide Weighting: 15% the total grade for the course   Criteria Outstanding performance (75-100%) Exceeds core requirements (65-74%) Meets core requirements (50-64%) Does not meet requirements (<50%) Comments Content (70%) Demonstrates adequate knowledge of integrating

Read More »

Community Health Project 1 (HLTH 3058): Assessment 2: Portfolio Task 1

Community Health Project 1 (HLTH 3058)Assessment 2: Portfolio Task 1 – Ethical Considerations Marking GuideWeighting of 15% the total grade for the course Criteria Outstanding performance (75-100%) Exceeds core requirements (65-74%)   Meets core requirements (50-64%) Does not meet requirements (<50%) Comments CONTENT (80%) Ethical Considerations   Demonstrates adequate knowledge

Read More »

SAM 11486/SAM G 6677: Assignment 1 – Individual

Assignment 1 – Individual (25%) Report Due: 11:59pm Sunday Week 5 04/09/2022 This assignment will be marked out of 25 marks and is worth 25% of the overall mark for the unit. Please check the unit outline for late penalties and restrictions on late submissions. This assignment is an individual

Read More »

11486 Systems Analysis and Modelling

Assignment Case Study C – Feed Me Now Disclaimer: The situation described in the following case study is fictional, and bears no resemblance to any persons, businesses, or organisations, living or dead. Any such resemblance, if exists, is merely co-incidental in nature, and is not intentional. Feed Me Now is

Read More »

MAA703 – Accounting for Management

Trimester 2 2022 Assessment Task 2 Part B – Teamwork Reflection (Individual) DUE DATE AND TIME:                        Wednesday, 7 September 2022 by 8:00pm (AEST) PERCENTAGE OF FINAL GRADE:    10% WORD COUNT:                                   750 – 800 words Description Teamwork is one of the vital components of many workplaces and the ability to demonstrate

Read More »

Research project assessment proforma and marking schemes

BSc Biomedical Sciences with Health, Exercise and Nutrition (HEN6004) and BSc Biomedical Science (APS6022) Instructions for use All forms must be completed electronically and uploaded to the student submission point in  turnitin. Please note the literature review assessment will be completed in January whereas the assessment of the paper/poster and

Read More »

XERO and Spotlight reporting software Report Assignment

Case facts – Read me carefully please City Infrastructure Holdings Ltd (CIH) and Network Maintenance Services Ltd (NMS) City Infrastructure Holdings Ltd (CIH) acquired 100% of the 300,000 issued shares in Network Maintenance Services (NMS) on 1 July 2021.  The consideration provided to shareholders of NMS consisted of $1.20 in cash plus 1

Read More »

KIT103 Computational Science

School of Information and Communication Technology College of Sciences and Engineering Unit Outline KIT103 Computational Science Semester 2, 2022 Sandy Bay Campus, Hobart Newnham Campus, Launceston COVID-19 (Coronavirus Information) For information on how you can help keep us all safe, please review the Coronavirus updates page here: https://www.utas.edu.au/about/safety-security-and-wellbeing/coronavirus Sections that

Read More »

SEN725 Urban Stormwater Asset Design

Assessment Task -4 Final Report – Analysis of CoGG Stormwater Network Weight 50% This is an individual assessment task. Plagiarism and collusion is unacceptable practice at Deakin University. You must appropriately reference your work. Failure to do so will result in disciplinary action. For more information on plagiarism and collusion,

Read More »

PSY3PRP 2022 Assignment 2: Research Project Report

PSY3PRP 2022 Assignment 2: Research Project Report Guidelines and Marking Rubric Individual Research Report due Wednesday 19th October 11.59pm (50% of total grade) For this assignment—with support through structured tutorial work across much of the semester— you will produce an individually-written report on the broad topic of feeding difficulties in

Read More »

Increasing Demand for assignment help in Namibia

With the growing population, the demand for clean energy, advanced technology, new structures, and better healthcare is escalating day by day which makes engineering the most popular degree for the youth. As more people pursue engineering nowadays, it also makes it one of the most difficult and competitive degrees also.

Read More »

Online Assignment Help in Germany

How Could You Do Exam Preparation Effectively? Exam time is full of challenges and difficulties. You have to juggle exams even in high school, college, or higher education. It defines your knowledge of a specific subject and how well you know the curriculum. The exam also tests how much you

Read More »

Get Excellent Human Values Assignment Help Immediately

Get Excellent Human Values Assignment Help Immediately: Expert Solutions to all your Queries Instant Human Values Assignment Help Online Students can get Human Values assignment help online in a fast and simple way from the experts at Universal Assignment Help Service. Their team of over 172+ subject experts works every

Read More »

Get Top Modern History Assignment Help Online

Order Modern History Assignment Help immediately Students often need modern history assignment help for many reasons. Getting immediate online help for assignments helps students boost their academics in incredible ways. Sometimes, the pressure of studies is too much to take for students. This causes them to score poor grades and

Read More »

Get Instant Assignment Help in the United Arab Emirates

How Can Assignments Help Students? Whatever the definition of homework is, one thing is certain: it helps students thoroughly learn the concepts they have studied in class. The number of such assignments may cause stress or a burden. It means students and tutors are both correct in their type of

Read More »

Assignment Help in Mexico

How to Gain Awesome Grades in Your Chemistry Subject? Whether you are pursuing a technical degree or studying in the science stream, chemistry is always at the forefront. If you love to observe reactions, molecules, acids, condensation, evaporation, and dilution, chemistry will prove a resource for getting outstanding academic marks.

Read More »

Can't Find Your Assignment?

Open chat
1
Free Assistance
Universal Assignment
Hello 👋
How can we help you?