Tuesday, December 10, 2019
Company Law for Capital Maintenance- MyAssignmenthelp.com
Question: Discuss about theCompany Lawfor Capital Maintenance. Answer: The Doctrine of Capital Maintenance The capital maintenance doctrine is considered as one of theessential principles of corporate law. It stipulates that a company must receive appropriate consideration for the shares that it issues and the amount of capital received must be paid to the members only in particular circumstances. The company hoards the capital for the safety of the company creditors.The court act as asupervisor to ensure that the capital is dispersed lawfully[1]. This doctrine was established in the landmark case Trevor v Whitworth (1887) where the House of Lords held that a company could not acquire its own shares, as it would decrease the capital of the company. It was further held that the members would not receive any capital without a deduction in capital as authorized by the court. In the context of the Flitcrofts Case, the following essential features of the doctrine was mentioned by Jessel M.R . It includes the following essential attributes: firstly, a company is not allowed to buy its own shares. Secondly, shareholders of a company are entitled to the payments of dividends. Thirdly, a company is restricted from providing any financial assistance to purchase its own shares. Lastly, the doctrine also outlines the legal rules relating to the deduction in the company reserves or share capital. The doctrine hasoriginally developed in England through the Company Act 2006[2]. The Actdeals with the issues related to dividend payments, decrease in the company share capitals, re-buying of shares and redemption of the shares of the company by providing financial assistance under sections 17, 18 and 19 of the Act respectively. In Australia, the Capital Maintenance doctrine has been incorporated in the Australian corporate law under section 256 A, 256 C of the Corporations Act 2001. The provision aims at protecting the interest of the creditors and the shareholders and ensuring fair dealings between them[3]. Section 256 C of the Act stipulates that the share capital of a company can be reduced provided the shareholders approve it and it does not hinder the ability of the company to make payments to them[4]. However, the necessities of modern business have convinced the countries to relax some facet of the doctrine of capital maintenance in the year 1998. The exceptions applicable t o the doctrine under section 256 B allow the company to decrease share capital of the company and section 257 A permits the company to buy back its own shares. The introduction of more transparent and effective capital system has outweighed the outdated capital system. It ensures better protection to the creditors as it provides impartial and more accurate information to the creditors that allows the creditors to evaluate the capability of the company to pay debts. From the above discussion, it can be concluded thatafter several amendments to the doctrine, it failed to provide legal protection to the creditors. However, the provisions contemplated by the doctrine can be attained by more efficient, flexible and cost- effective means. It is recommended that the Australian corporate law must incorporate more effective system to replace the restrictions imposed on the companies, hence ensuring effective expansion of business. Reference List Arnold, A. J. "Capital reduction case law decisions and the development of the capital maintenance doctrine in late-nineteenth-century England."Accounting and Business Research(2016): 1-19. Islam, Md Saidul. "The Doctrine of Capital Maintenance and its Statutory Developments: An Analysis."Northern University Journal of Law4 (2015): 47-55. Knapp, Jeffrey. "A Reconsideration of Consolidation Accounting Requirements and Pre?acquisition Dividends."Australian Accounting Review23.3 (2013): 190-207. Tomasic, Roman. "The Rise and Fall of the Capital Maintenance Doctrine in Australian Corporate Law." (2015).
Monday, December 2, 2019
The Question I Am About To Answer Can Not Be Answered In Brief. To Ful
The question I am about to answer can not be answered in brief. To fully comprehend the similarities and differences between John F. Kennedy's "New Frontier" and Lyndon B. Johnson's "Great Society" you must understand their intentions first. John F. Kennedy was not an ordinary President. He was one with a certain "charisma", as some put it. He was very blunt and knew how to get what he wanted. During his rain as President, he created the reform program know as the "New Frontier". The New Frontier was developed to assure Americans of the upcoming sixties' challenges. This was a program that affected all. Under the influence of the New Frontier Kennedy promised to defend freedom around the world. He stated: "Let every nation know, whether it wish us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend or oppose any foe in order to assure the survival and success of liberty. This we pledge and more." Soon Kennedy's speech would be put to the test. The debate over communism or democracy was still going on. The Cold War had not yet ended. During his presidency Kennedy was determined to lower unemployment by creating more jobs. He expanded the space program and stimulated military spending. He also cut taxes to give Americans a little more money to spend. This tax cut lead to a period of prosperity. He proposed a medical care program for the elderly. It was rejected by congress. Kennedy appointed black officials to higher government positions to support a Civil Rights Law he was delaying to propose. Kennedy's program was a big hit. A national poll indicated that at least 60% of Americans approved his presidential stature. However, Kennedy was soon going to learn that all of his good will and future plans would be evaporated. On November 22, 1963 John Fitzgerald Kennedy was assassinated. Millions of Americans watched his own death as he greeted the crowd strolling down a street in Dallas, Texas. The New Frontier was over. After Kennedy's assassination vice president Lyndon B. Johnson took over Presidency. LBJ was the complete opposite of Kennedy. He lacked the charisma that Kennedy used to win his audiences. LBJ immediately assured the world that America was going to make it through this awkward time in history. LBJ understood that America needed a plan like the New Frontier for support. He created the "Great Society". The Great Society was a program that used America's prosperity as a means to improve the economy and help people live a prosperous lifestyle. It was based on the New Frontier. Like the New Frontier it had both accomplishments and failures. The Great Society's main reforms were in medical care for the elderly, aids to education, and plans to diminish poverty. At the time many families lived a life of poverty and/or were barely getting by. Thus the "unconditional war on poverty" was put into effect. Federal programs to help the poor were created. These programs included loans to those in need, low-income housing, and job training. To some the effort was a success and nearly 10 million were put back to work. LBJ supported a medical plan for the elderly and congress passed it. That wasn't the only successful thing that had passed, he also got the Elementary and Secondary Education Act of 1965 passed as well. Soon he convinced congress to create a new place in the cabinet called the Department of Housing and Urban Development or HUD. To show he supported Civil Rights he appointed Robert Weaver as the head of the department, making him the first black cabinet member. The New Frontier was considered a success due to its period of time used. Some say that if it were kept in affect America would have stayed prosperous for longer. The New Frontier founded many of programs in which are still in use today. This program set the cornerstone for future Presidencies and their programs. The Great Society was a success in many ways. It not only helped the economy it helped the average citizen as well. This program ran off of prosperity and it soon produced enough to run itself. LBJ created one of the greatest reform programs in our nations
Wednesday, November 27, 2019
20 Pairs of One-Word and Two-Word Forms
20 Pairs of One-Word and Two-Word Forms 20 Pairs of One-Word and Two-Word Forms 20 Pairs of One-Word and Two-Word Forms By Mark Nichol Many common words and phrases are identical except for a strategic letter space apart and ââ¬Å"a partâ⬠come to mind and though knowing which form to use in a sentence is often obvious (as in that example), the difference can be subtle. Here are some of the less clear-cut pairs: 1. Ahold/a hold: Ahold is a variant of the noun hold, used in such sentences as ââ¬Å"Iââ¬â¢ll get ahold of you later.â⬠But when you mean to refer to an actual grip on something, use two words: ââ¬Å"She really has a hold on you.â⬠If itââ¬â¢s hard to decide which form to employ, try this test: If you can insert an adjective between a and hold, the two-word form is appropriate. 2. Already/all ready: Use the former when you need an adverb, as in ââ¬Å"I told you already.â⬠The latter form is correct in sentences such as ââ¬Å"Weââ¬â¢re all ready for the party.â⬠3. Alot/a lot: These two forms are interchangeable except in one significant respect: The one-word version is wrong. It is used often in informal writing and may one day be standard, but until you get the official memo, refrain from using it if you want to be taken seriously as a writer. 4. Alright/all right: See item number 3. 5. Altogether/all together: The one-word form, an adverb, suffices to mean ââ¬Å"completelyâ⬠or ââ¬Å"in total,â⬠as in ââ¬Å"Altogether, we saved $100 on the deal.â⬠(It also means ââ¬Å"nudeâ⬠in the idiomatic phrase ââ¬Å"in the altogether.â⬠) The phrase is appropriate for sentences such as ââ¬Å"We are all together in this.â⬠6. Anybody/any body: The one-word form is a pronoun used in such constructions as ââ¬Å"He doesnââ¬â¢t get along with anybody.â⬠The two-word adjective-noun form is applicable in limited contexts, such as in the sentence ââ¬Å"Any body in motion responds to gravity.â⬠7. Anymore/any more: The one-word form is used as an adverb in sentences such as ââ¬Å"We donââ¬â¢t go there anymoreâ⬠; the two-word form consists of the adjective any and the noun more, as in ââ¬Å"I just canââ¬â¢t eat any more of that pie.â⬠8. Anyone/any one: The one-word form is a pronoun, synonymous with anybody, used as in ââ¬Å"Anyone can make that claim.â⬠ââ¬Å"Any oneâ⬠consists of the adjective any and the noun one, as in ââ¬Å"Any one of you might be next.â⬠9. Anyplace/any place: The adverb anyplace is a synonym for anywhere: ââ¬Å"She wonââ¬â¢t let me go anyplace without her.â⬠The latter usage is an adjective-and-noun phrase that describes a location: ââ¬Å"He doesnââ¬â¢t want to go to any place he canââ¬â¢t smoke.â⬠10. Anything/any thing: Anything is the likely usage: ââ¬Å"I donââ¬â¢t remember anything.â⬠The two-word adjective-noun form is generally separated by an another adjective: ââ¬Å"Sheââ¬â¢s just does any little thing she wants.â⬠11. Anytime/any time: To describe with what frequency something might occur, use the one-word adverbial form: ââ¬Å"Stop by anytime.â⬠The two-word adjective-noun form is preceded by the word at: ââ¬Å"You may leave at any time.â⬠12. Anyway/any way: Anyway is a synonym for anyhow: ââ¬Å"We didnââ¬â¢t want to go anyway.â⬠The two-word adjective-noun form is preceded by the word in: ââ¬Å"That doesnââ¬â¢t change the results in any way.â⬠13. Awhile/a while: The noun phrase ââ¬Å"a whileâ⬠and the adverb awhile are virtually interchangeable in a sentence, though you should precede the two-word form with the word for: ââ¬Å"I think Iââ¬â¢ll sit here for a whileâ⬠and ââ¬Å"I think Iââ¬â¢ll sit here awhileâ⬠mean the same thing. 14. Cannot/can not: Cannot is virtually the only proper alternative. The second usage is wrong except in the correct awkward construction in the sentence ââ¬Å"I can not go,â⬠meaning ââ¬Å"I can decide not to go.â⬠15. Everyday/every day: The one-word form is an adjective meaning ââ¬Å"ordinary,â⬠used to describe something usual as in ââ¬Å"These are my everyday clothes.â⬠The two-word phrase, an adverb, is used in such sentences as ââ¬Å"I go there every dayâ⬠to explain how something is done. 16. Everyone/every one: To refer to everybody, use one word: ââ¬Å"Everyoneââ¬â¢s a critic.â⬠To emphasize a single individual or item, use two words: ââ¬Å"Every one of them is broken.â⬠17. Everything/every thing: Everything is the default choice: ââ¬Å"Youââ¬â¢ve ruined everything.â⬠The two-word adjective-noun form is usually divided by an additional adjective: ââ¬Å"Every little thing she does is magic.â⬠18. Maybe/may be: The first choice is an alternative to the adverb perhaps; the second is a verb phrase used in such sentences as ââ¬Å"It may be that she was right after all.â⬠19. Overtime/over time: As one word, this means work done beyond a regular shift: ââ¬Å"Iââ¬â¢ve worked overtime several days this week.â⬠As two words, it refers to the passage of time: ââ¬Å"Over time, weââ¬â¢ve seen dramatic changes.â⬠20. Sometime/some time: The one-word form is an adverb describing vagueness about when something will happen, as in ââ¬Å"Iââ¬â¢ll get around to it sometime.â⬠Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:50 Handy Expressions About HandsHow Long Should a Paragraph Be?Comma After Introductory Phrases
Saturday, November 23, 2019
Galilleo essays
Galilleo essays Galileo Galilei was an astronomer and mathematician, he was, a man ahead of his time. Galileo discovered the law of uniformly accelerated motion towards the Earth, the parabolic path of projectiles, and the law that all bodies have weight. Among his other accomplishments was the improvement of the refracting telescope in 1610 and his advocacy of the Copernican theory which brought him into a conflict of ideas and truths between himself and the Inquisition. He was condemned by the church whose theories threatened everything that was taught by the priesthood as the holy truth and he was eventually broken by the Inquisition. Before being ultimately defeated by the church, however, Galileo made many contributions to the world of physics. His scientific discoveries and endeavors were only a portion of his contributions to the scientific community. His brilliance brought about a new era in scientific advancement and his defeat at the hands of the church put a stop to the scientific revolut ion which he had started. Galileo Galilei was a great scientist and pioneer in the fields of mechanics, astronomy, thermometry, and magnetism, although mechanics and astronomy were his main passions. He was arguably one of the brightest men who ever lived. Galileo discovered and enhanced many scientific discoveries of his time period and was highly regarded as a Mathematician and Natural Philosopher. Galileo was persecuted for his views on Earth's relationship with the rest of the heavens since he believed that the Earth revolved around the Sun and that the heavens were constantly changing and evolving. Since Galilei's vision of a metamorphosing universe came in direct conflict with the views of Aristotle, views held by and supported by the church, Galileo was eventually called before the Inquisition and forced to recant his views. Nonetheless, Galileo Galilei made significant contributions to the scientific community and he is remembered as a great scienti...
Thursday, November 21, 2019
Juvenile Recidivism Research Proposal Example | Topics and Well Written Essays - 1000 words
Juvenile Recidivism - Research Proposal Example The following review covers a relevant time span, a wide range of factors that have an impact on recidivism amongst juveniles, a wide variety of peer-reviewed articles, and guidance on what areas should be considered to support further inquiry factors impacting juvenile recidivism. Moreover, a plethora of methods in multiple regions of the world are considered to illustrate the common links in treatment for juvenile offenders and what role that plays in recidivism. Patterns are identified throughout the articles as well as unique aspects of study and focus. Kevin Minor, James Wells, and Ear1 Angel compiled a 2008 study that explores how release from residential placements impact juvenile recidivism depending on multivariate predictors and gender differences. The data indicated that ââ¬Å"only gender, age, victimization history, and presence of special education needs significantly predicted recidivismâ⬠of the variables that were tested (Minor, Wells, & Angel, 2008). The research span over an 18-month time span and tested a sample of 580 juvenile offenders that were released from out-of-home placements. The articleââ¬â¢s strengths can be attributed to the method testing 33 possible predicators for juvenile recidivism. That provides a wide range of factors and may demonstrate how the factors relate to one another. The results state that males are impacted significantly by certain variables in comparison to females. Yet, both gendersââ¬â¢ recidivism rates are directly impacted by out-of-home placements. Moreover, the authorsà ¢â¬â¢ implications for further research are offered as well as a critique of the shortfalls of other research on juvenile recidivism. Also, the role of residential treatment has allowed clinicians to play a role in answering what impact recidivism rates amongst juveniles. Nancy Calley and Emily Richardson (2011) examined the influential factors related to the
Wednesday, November 20, 2019
Financial Crisis in Asia Term Paper Example | Topics and Well Written Essays - 2250 words
Financial Crisis in Asia - Term Paper Example à South Korea had a very strong economy but a high level of debt which existed in the economy was given very little attention. The borrowed funds by the South Korean economy were invested very wisely in assets so it made perfect sense and reassured the economic stability, but when the funds were invested in assets it also gave rise to various risks pertaining to the same. The short debts touched alarmingly high levels in the South Korean economy, ââ¬Å"In 1992 short term debt constituted about one-third of its total borrowing, but by 1996 short term debt had risen to two-thirds of its total of $158 billion of foreign debt. South Korean firms were operating at a high degree of leverage. The typical leverage ratio for South Korean firms was in the neighborhood of six to one and some South Korean firms had leverage ratios of 600 to one.â⬠The crisis in South Korea was triggered by the collapse of Thai Baht (currency of Thailand) in 1997. The currency had devalued due to stemming of reserve outflows by the central bank in order to ensure growth for money supply in the crisis period. The strategies adopted by the South Korean economies always left them prone to many dangers, a classic example of the same follows: The Korean First Bank got itself in a vulnerable position because of the hefty amount of loan issued to Hanbo group, with in no time the Hanbo group went bankrupt and its inability to pay the loan back to the Korean first bank resulted in the bankruptcy of Korean Bank.Ã
Sunday, November 17, 2019
Face Recognition Essay Example for Free
Face Recognition Essay For humans, faces are the most significant for visual stimuli, a fact that becomes apparent in social settingsââ¬âas a species we are constantly, almost obsessively, monitoring each others faces, paying close attention to subtle details that can give some insight into the emotional state, level of engagement, or object of attention of our associates. Fluency with faces offers great social advantages, allowing one to glean aspects of anothers internal thought processes and to predict their behavior. (Leopold, 2010). Explain the processes associated with face recognition, identification, and classification Concept generally refer to the abstract notion of what that category represents in oneââ¬â¢s mind. ((Robinson-Riegler, 2008). The recognition of individual faces is in some ways the pinnacle of human visual performance. Because all faces have the same basic configural appearance (for example: two eyes above a nose and mouth, sometimes called the first-order configuration), individuals must be identified by subtle deviations from this prototypic pattern, sometimes referred to as second-order relational information or configuration . To process facial identification an individual depend on the process of first-order relational information, the information about the parts of an object and how those parts relate to one another. For face recognition, this would involve an analysis of the personââ¬â¢s facial features and the relationship among those features. However, first-order relational information is not enough to recognize faces; simply noticing that two eyes are above the nose, which is above the mouth, may be enough for recognition that something is a face but doesnââ¬â¢t allow for recognition of who the face is. To recognize faces, we need second-order relational information. Second-order relational information involves comparing the first-order analysis to facial features of a ââ¬Å"typical,â⬠or ââ¬Å"average,â⬠face. This typical face is built up through experience and serves as an implicit standard against which we compare the faces we see. Inverting a face disrupts the encoding of second-order relational information When we deal with information, we do so in steps. One way to think of this is to picture the process of acquiring, retaining, and using information as an activity called information processing Information comes from the outside world into the sensory registers in the human brain. This input consists of things perceived by our senses. We are not consciously aware of most of the things we perceive; we become aware of them only if we consciously direct our attention to them. When we do focus our attention on them, they are placed in our working memory. (Education, 2011) Even when perceivers are presented with stimuli in suboptimal conditions, the face-processing system is still capable of extracting categorical knowledge in a rapid and accurate manner. Third, category activation is sensitive to the typicality of group members. In categorical thinking people identify with groups who they are familiar with. Analyze the role of encoding and retrieval processes involved with long-term memory and how this affects face recognition. Early perceptual processes (and their associated products) also appear to play an important contributory role to the generation of categorical thinking. Categorization is a fundamental property of the brain. Categorical thinking streamlines most aspects of person perception, including decision making, memorial functioning, and attention processing (Cloutier, 2005). People are skilled with various levels of understanding along with other social agents. From only a few visual cues, a person is able to process detailed impressions of others, identify the sex, emotional status, and identity of conspecifics ; and infer the hidden internal states (example. goals, intentions) that create their plan of purpose. In social cognition, the two basic processes that serves or promotes a person perception are categorization and individuation . Individuation, in contrast to categorization, the individualistic view other people not as members of distinct social groups but rather as unique entities. Individuals are guided by two distinct cognitive processes. These two processes operate at the early stages of a personââ¬â¢s perception, relevant with the process of object recognition. The individual is capable of making individual judgments about stimuli corresponding to prior perceptual experience. As part of the face recognition process, a face must activate a face recognition unit a stored representation of that face in memory. If activated, the person is recognized as familiar. Next, the face recognition unit must activate the person identity node which stores biographical information about the person. If activated, this biographical information becomes available (Robinson-Riegler, 2008). Prior to the retrieval of information from long-term memory, however, a great deal of social-cognitive processing has already taken place. perceivers have resolved the perceptual puzzle of identifying social agents from available visual cues. This includes, but is not restricted to faces. (Cloutier, Discuss at least two possible errors that can occur with face recognition, such as misidentification and self-recognition. Our knowledge of our own face seems inseparable from our general knowledge of self and who we are as individuals, our likes and dislikes, our personal history. Unconscious transference, occurs when a witness fail to identify or distinguish between a target person, for example, falsely identifying an eyewitness may result to imprisonment of an innocent person Robinson-Riegler, 2008). As individuals we confront the world with our faces, from the time of birth to the time of death. The age and gender of a person are printed on their faces. Emotions are expressed in a personââ¬â¢s facial expressions. The open and instinctive emotions that Darwin wrote about, as well as the hidden or repressed ones that Freud wrote about, are displayed on our faces, along with our thoughts and intentions. People have p hysical attractions toward each other, a person may admire the physical attributes such as arms, and legs. In spite of what draws one attention, the face is the first and last that is judged, whether it is beautiful in an aesthetic sense, fine or distinguished in a moral or intellectual sense. The face of an individual defines a person character and experience. Face recognition is crucially important for humans, and the vast majority of us are able to identify thousands of faces individually, or to easily pick out familiar faces in a crowdProsopagnosia or topographical amnesia are lifelong conditions that does not decrease as one grows older.
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