A review of the law concerning directors' violating their fiduciary duty to the company.
Analytical Essay # 135253 |
1,250 words (
approx. 5 pages ) |
3 sources |
APA |
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Abstract
This paper examines a hypothetical fact pattern involving the activities of the directors of an imaginary company Lopam Petroleum Company Limited. The actions are reviewed with respect to Company Ordinance Section 57B and relate common law. Each action of the directors is examined and a determination of whether the director in his actions violated his fiduciary duty to the company. The final portion of the paper is a case briefing of "Regal (Hastings) v. Gulliver", a seminal case in the standard of determining whether a director violated his fiduciary duty.
From the Paper
"This paper shall examine a hypothetical fact pattern involving the activities of the directors of an imaginary company Lopam Petroleum Company Limited. The actions are reviewed with respect to Company Ordinance Section 57B and relate common law. Each action of the directors shall be examined and a determination of whether the director in his actions violated his fiduciary duty to the company. The final portion of the paper is a case briefing of Regal (Hastings) v. Gulliver, a seminal case in the standard of determining whether a director violated his fiduciary duty."
Tags:hong kong, law, director's duties
Examines how company boards of directors have changed their perspectives and management systems after the Sarbanes-Oxley Act of 2002.
Essay # 68198 |
2,224 words (
approx. 8.9 pages ) |
5 sources |
MLA | 2006
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$ 41.95
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Abstract
Today's boards of directors are driven by far-reaching regulatory reforms and increased corporate expectations, as a result of the Sarbanes-Oxley legislation. Consequently, many feel an ever-growing need for orientation, education and evaluation. This paper shows that corporate directors are currently trying to gain the hands-on knowledge required to become more valuable professionals in the boardroom, with the help of general counsels, financial executives, HR representatives or corporate secretaries. The paper shows that ethics is a very important part of their change, since enforcing business morality is the main objective behind the Sarbanes-Oxley act.
From the Paper
"It would have been difficult for the SEC to implement and supervise the application of the new legislation all by itself. Usually, when a law doesn't make sense and is inappropriate for the current economic or social environment, it is simply rejected by the people who should apply it. The proof that the Sarbanes Oxley act is an example of a good piece of legislation is the fact that, since the act has passed through congress, other organizations have decided to join this movement in order to increase the accountability for board members and make sure that their skills and experiences match the tasks for which they are held responsible."
Tags:Enron, public, trust, legislation, SEC, NYSE
Looks at a Norwegian case about legislation requiring a greater proportion of women directors on corporate boards.
Case Study # 119337 |
1,235 words (
approx. 4.9 pages ) |
9 sources |
APA | 2010
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$ 25.95
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This paper explains that a radical affirmative action, which legislated a greater number of women directors on Norwegian corporate boards, was not about achieving gender equality but rather centered on the idea that social justice and diversity would add value and create wealth for the companies. The assumption was that teams mixed by gender, ethnic background, age and experience perform better than homogeneous teams. However, in the short run, the effect of this law was not always profitable to the companies. The paper concludes that simply instituting fair employment mandates, such as positive discrimination for women in the corporate workforce, is not an endgame when it comes to successful leadership.
From the Paper
"Forcing companies to meet large diversity quotas in a limited time period has been shown to be counter-productive. While certain companies may be perceived as unethical with respect to their recruitment practices, the majority are ethical and hire people based qualifications, experience and 'fit'. These companies should not endanger because they have to meet a quota mandated by a third party. In the corporate world, leaders should be wholly responsible for the success of their businesses, the well-being of their employees, and the faithfulness of their consumer bases, not the government. "
Tags:value, delisting, teams, counter-productive, leaders
Examines the impact that high school education voucherswill have on high school athletic directors.
Essay # 39171 |
650 words (
approx. 2.6 pages ) |
4 sources |
2002
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$ 13.95
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Abstract
In schools in which athletics are emphasized, the role of the athletic director will increase with the introduction of education vouchers. However, at schools with no emphasis on athletics, the role of the athletic director will decline. The role of the athletic director will be determined by the emphasis of the individual school.
A commentary of the 1856 minute by Lord Dalhousie on the situation of British India and the newly annexed territories.
Essay # 62669 |
1,998 words (
approx. 8 pages ) |
2 sources |
MLA | 2005
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$ 38.95
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Abstract
This paper is a close textual commentary of one part of Lord Dalhousie's address to the Court of Directors of the East India Company, written in 1856. It follows the main ideas of the text and is organized in three parts. The first one concentrates on the new British annexations in India, the second addresses the economic advantages of the situation and the reforms carried out. Finally, the paper attempts to reveal what Dalhousie has chosen not to say in his report. The purpose of this commentary is to show historical events under an unbiased light and at the same time to explain a text that does not take into account all sides of the problem of British Imperialism. Dalhousie text is included as an Appendix of this paper. This is a textual commentary and was written for an oral presentation during a history of the British Empire class.
From the Paper
"The period 1943 - 1856 marked the end of the process of expansion and the consolidation of the British Raj. The second half of the 1850s witnessed the climax of mid-Victorian power, prosperity and enterprise. In England, the predominant philosophy was that of adaptation and improvement. After the definitive annexation of new territories, British power and prestige seemed to be finally asserted and the period is, therefore, often referred to as one of "British supremacy" or "British paramountcy". The political and economic philosophies that ruled internal affairs were exported within the British Dominions - it was the age of the new Indian schools, of the first Indian railway lines, of uniform postage, and of the Indian telegraph. The text at hand illustrates British attitudes to the Empire during that period and, as a primary source document, provides a detailed report on British activity in India. It is delivered by Lord Dalhousie to the Court of Directors of the East India Company. James Andrew Broun Ramsay Marquess and 10th Earl of Dalhousie (1812 - 1860) spent 8 years in India (from 1848 to 1856), fought two wars (the II Sikh and II Burmese wars), worked on a number of reforms, and occupied the post of Governor General."
Tags:british, commentary, dalhousie, economy, empire, general, governor, historical, history, india, indian, international, relations, research, texts, writings
This paper shows the influence of director Pedro Almodovar on the Spanish film industry and how his films helped pave the way for other Spanish directors to find an audience outside of Spain and to reestablish the viability of the Spanish film industry.
Research Paper # 9712 |
3,100 words (
approx. 12.4 pages ) |
8 sources |
2002
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$ 54.95
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Abstract
The paper introduces the topic with a look at Robert Phillip Kolker's "The Altering Eye", which considers some of the economic and social forces that apply in different countries to shape their film. It then examines the life and work of director Pedro Almodovar as an example of these theories at work in Spain. It suggests that Almodovar's success was dependent on the social and political changes in Spain, namely the end of the fascist era and a move toward democracy.
From the Paper
"Film is an international medium in spite of language differences, and different countries come to the fore at different times to make a mark both artistic and economic on the world cinema. After world War II, Italian neo-realism burst onto the scene, followed in the early 1960s by the French New Wave. In the 1970s it was a combination of films from Australia and films from West Germany, the latter led by Rainer Werner Fassbinder. More recently, Spain has become a contributor to the screens of the world, with the leading filmmaker of the time being Pedro Almodovar, in some ways an unlikely leader given his penchant for bizarre sexual themes, iconoclastic attitudes, and searing satiric humor."
Tags:Kolker, economic, social, political, fascist, democratic, socialist, rape, sadism, morality
The leadership and changing role in the 1980s and 1990s after divestiture in a highly competitive telecommunications industry.
Essay # 21109 |
1,350 words (
approx. 5.4 pages ) |
5 sources |
1994
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$ 27.95
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From the Paper
"American Telephone and Telegraph was begun in 1885 in order to provide long distance telephone service throughout the country. For nearly a century, AT&T dominated all telephone service in the United States as it acquired American Bell Telephone in 1900. In 1984, the company was forced to divest its wholly-owned Bell operating companies, which became seven regional holding companies. Ownership of these regional holding companies was passed directly to their shareholders by transferring one share in each of the holding companies for every 10 AT&T common shares held.. The divestiture effectively ended AT&T's monopoly on phone service, both local and long distance, in the United States, and marked both the end of one telecommunications environment and the beginning of another. This research examines the changing role of AT&T's board of..."
This essay discusses the pros, cons and history of the newly created Executive Cabinet position of the Director of National Intelligence.
Essay # 60054 |
2,829 words (
approx. 11.3 pages ) |
8 sources |
MLA | 2005
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$ 50.95
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Abstract
This paper begins with the history of the position and moves forward to the appointment of John Negroponte as the first Director of National Intelligence. The essay discusses the many roles associated with the Director of Central Intelligence. The essay quotes past and present politicians on their opinions of the position; to include the Chairman and Vice Chairman of the 9/11 Commission.
From the Paper
"In 1947, then President, Harry Truman signed into law The National Security Act of 1947. The National Security Act gave three primary responsibilities to the Director of Central Intelligence. First, the DCI was responsible for providing national intelligence to the President, members of the President's cabinet (where applicable), and to members of Congress (again where applicable). Second, the DCI would serve as the head of the intelligence community (IC). The DCI was responsible for establishing the priorities for collection and analysis of raw intelligence. The DCI formulated and presented the IC budget to the President and to Congress. The DCI also had very limited ability to transfer funds and personnel throughout the National Foreign Intelligence Program (NFIP). Third, the DCI was to serve as the head of the Central Intelligence Agency. Here the DCI supervised the entire bureaucracy of the CIA. The DCI was in charge of human sources, overseeing the analyzing of raw intelligence, and undertaking covert operations when directed to by the President."
Tags:agency, branch, central, cia, commission, congress, crs, dci, director, dni, executive, intelligence, john, national, negroponte, report
Removal of a Director under British Law
A look at the steps that need to be taken to lawfully remove a director from a British firm.
Case Study # 144740 |
1,593 words (
approx. 6.4 pages ) |
13 sources |
APA | 2010
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$ 31.95
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Abstract
The following report aims to investigate if and how a director of a company could be removed from his post under the British law. It deals particularly with the removal of a company's director under the use of the provision of weighted voting and is based on an example of a small private limited company. The paper includes such issues as weighted voting, removal of a director under Sc 168 CA 2006, changing the company's articles, exclusion of a director from the company's management and issue of new shares. Finally, the paper concludes that it is usually very difficult to remove the director.
Outline:
Introduction
Removal of the Director under SC 168 CA 2006
Alteration of the Articles
Exclusion of a Director from Management
Issue of New Shares
Conclusions
From the Paper
''As removal of a director under Sc 168 might be difficult due to the weighted voting clause, an alteration of articles could be considered in order to remove the clause in question. Sc 21 (1) provides that the articles may be altered with a special resolution. 75% of the total votes are required to amend the articles by special resolution (Sc 283) whereby a 21 days notice should be usually given. Hence, in order to pass a special resolution, support from other members of the company would be required.
''Nonetheless, the director could challenge the alteration of articles as not being 'bona fide for the benefit of the company as a whole'. In Allen v Gold Reefs of West Africa (1900) the alteration of the articles was upheld as it was carried out 'bona fide for the benefit of the company as a whole' as it was intended to recover the large debt due to the company from a deceased member. Also Sidebottom v Kershaw, Leese & Co Ltd (1920) the alteration of the articles was allowed in order to enable a competing shareholder to be bought out as this was 'bona fide for the benefit of the company as a whole'.
However, in Brown v British Abrasive Wheel Co Ltd (1919) it was held that the proposed alteration was not for the benefit of the company but for benefit of the majority hence an injunction was granted preventing the alteration of the articles.
''Therefore to decide would be whether a removal of a director whose girlfriend is employed by an indirect competitor, would be bona fide for the benefit of the company. The director could argue that as the two companies produce products for different markets, i.e. traditional beers v mass market beers via different distribution channels this would not be in breach with the company's business ethos.''
Tags:voting, power, benefit, ethos
This paper explores two career paths open to nurses working in hospitals, that of the nurse practitioner and that of the unit director.
Essay # 15900 |
2,780 words (
approx. 11.1 pages ) |
8 sources |
MLA | 2002
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$ 49.95
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Abstract
The paper begins with a brief overview of the careers of a unit director and a nurse practitioner by explaining their activities and responsibilities. It then lists the formal educational requirements to become a unit director or a nurse practitioner and explains the ways in which they are trained. The paper then describes the salaries and benefits earned by the two professions and the number of hours that they are expected to work. The paper concludes by explaining the job satisfaction experienced by the two types of nurses.
From the Paper
"Certified nurse practitioners overall receive what most people would consider to be a good salary and as well as better-than-average benefits. We can see this documented in a recent posting by the state of Oregon for nurse practitioners. These nurse practitioners, who were wanted to work in a wide variety of settings, could receive a salary of up to $5,129 per month depending on their own training and experience."
Tags:nurse, salary, education, job, training