Question

In: Accounting

Mandy is a minority shareholder and director of Happy Faces Childcare Pty Ltd. At a board...

Mandy is a minority shareholder and director of Happy Faces Childcare Pty Ltd. At a board meeting of the company, Mandy is shocked to learn that one of the directors, Arnold, had personally benefited from the sale of some of the company's assets at an undervalue. Despite objections from Mandy, a majority of the Board voted to ratify the transaction. Amold is a wealthy businessman.

Required: Advise Mandy whether she would be able to pursue either a statutory derivative action available to members or a remedy for oppression and explain the possible outcomes.

Solutions

Expert Solution

PLEASE - - - - PLEASE KINDLY UP-VOTE. IT HELPS ME A LOT. THANK YOU IN ADVANCE.


Related Solutions

Joe is the sole director and shareholder of Homes Building Pty Ltd, a company that builds...
Joe is the sole director and shareholder of Homes Building Pty Ltd, a company that builds prestigious homes in Perth, Western Australia by mainly using sub-contractors and a few employees. Joe knew that due to the downturn in the building industry, the company’s business was in trouble. For the last 6 to 8 months, Joe had been making late payments to his sub-contractors and had accrued $200,000 in overdue payments. Joe had also missed some payments to the Australian Taxation...
Show how cumulative voting can assist minority shareholders to elect a director to the board. Use...
Show how cumulative voting can assist minority shareholders to elect a director to the board. Use numbers to create a compelling example.
george green was apppointed by the board of directors of nature pty ltd to be the...
george green was apppointed by the board of directors of nature pty ltd to be the company's managing director. nature now arranges camping holiday. green arranged a $15000 supply contract on the company's behalf, with canvas tenis ltd. however nature now's constitution contains the following provision: clause 1 the managing diretor may take contracts upto $10000 but above that amount the board approval is required. greeen had not obtained the boards approval for this contract, later the board refused to...
Lindsay is a director and shareholder in Seloc Ltd, a large public company in the retail...
Lindsay is a director and shareholder in Seloc Ltd, a large public company in the retail sector. Recently, the board of Seloc Ltd was considering whether to hire a specialist transport company. Lindsay told the board that his private company, Wolf Pty Ltd, would like the job. Seloc Ltd’s board agreed and a contract for transport services was signed. (a) Explain what steps should be taken to ensure that there is no contravention of the Corporations Act. (b) To what...
Josie is a major shareholder in OldSkool Pty Ltd and has noted that the company maintains...
Josie is a major shareholder in OldSkool Pty Ltd and has noted that the company maintains the old-fashioned ‘memorandum of association’ which has been prepared for OldSkool Pty Ltd. The memorandum contains an objects clause which limits the objects of the company to the development, manufacture and sale of commercial computing devices. With the changing times where more people are working from home, Josie believes that the devices will soon be able to be used on a wide scale domestic...
Beverley Johnson holds 5% of the shares in JPR Pty Ltd. The largest shareholder is Eugene...
Beverley Johnson holds 5% of the shares in JPR Pty Ltd. The largest shareholder is Eugene Mann who holds 80% of the shares. Eugene Mann and Carmel Wren are the only directors, and the company does not have a constitution. Beverley’s shares were issued with a right to a dividend which is double that of other shares and 4 votes per share. Eugene Mann wants to hold a general meeting of members to pass a resolution that will reduce the...
Y, an Australian resident, is the sole shareholder of ABC Pty Ltd, an Australian resident company....
Y, an Australian resident, is the sole shareholder of ABC Pty Ltd, an Australian resident company. In this income year, ABC Pty Ltd made an interest free loan of $100,000 to Y. By the income year end, the company waived 40% of the loan. The balance of the loan remains outstanding by the company’s lodgement date. The company’s distributable surplus for the income year is $50,000. Advise the tax implications of the above transaction for Y. How will your answer...
Ms Jennie Smiles is the major shareholder and chief executive officer of Celebrations Pty Ltd, a...
Ms Jennie Smiles is the major shareholder and chief executive officer of Celebrations Pty Ltd, a small business which provides organisation services and supplies for parties, wedding receptions and other happy occasions. Due to the relatively small size of the business Jennie is unable to justify a computerised accounting system thus all accounting is completed manually by ABC Accounting. Celebrations Pty Ltd uses a perpetual inventory system, noting the cost of all inventory sold is 65% of the sales (GST...
Florentia (F) is the managing director of XO Pty Ltd, a profitable company that runs a...
Florentia (F) is the managing director of XO Pty Ltd, a profitable company that runs a dance school (mainly ballroom dancing style) and that specialises in buying and selling dance clothes for women - mainly between the ages of 45-65 years. XO has a board of directors that includes 5 majority shareholders and F chairs the monthly meetings. Recently, F was having lunch with a friend (Luis) who has no connection whatsoever with XO although F would like him to...
Darryl Kerrigan is the director of DK Pty Ltd, which is a property investment company in...
Darryl Kerrigan is the director of DK Pty Ltd, which is a property investment company in Sydney and the company is registered for Goods and Services Tax (GST). Due to the COVID-19 impact, DK Pty Ltd has decided to rent out their twenty (20) existing office units that they finished in a building project in February 2020. To negotiate rental contracts, DK Pty Ltd employs a property lawyer, Mr. Dennis Denuto. Dennis is a busy lawyer and his practice income...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT