Question
1.The Personal Properties Securities Act provides that if there are two perfected mortgages against company property then priority is given to: Neither as the Act
1.The Personal Properties Securities Act provides that if there are two perfected mortgages against company property then priority is given to:
Neither as the Act only provides for personal properties owned by natural persons
There is no priority between either of them
The first in time
The last mortgage executed by the company
2.Under the general law, a duty on directors to avoid a conflict of interest is:
Ratified by the Corporations Act
In the best interests of the company
Applied strictly and pays no regard to the motives of the director who is conflicted
Not applicable
3.Insider trading is prohibited by the Corporations Act. "Inside information" means information that is:
Not generally available or is if the information were generally available, a reasonable person would expect it to have a material effect on the price or value of particular Division 3 financial products
Available to every person dealing with Division 3 financial products which would have no material effect on the price or value of particular Division 3 financial products
Gossip which is publicly available and would have no material effect on the price or value of particular Division 3 financial products
Contained in the Directors' Report produced in compliance with s298(1)
4.Under the Corporations Act, directors, other officers and employees must not improperly use their position:
To destroy the communities in which the corporation operates
To gain an advantage for the corporation
To cause detriment for other related entities of the corporation
To gain an advantage for themselves or someone else or cause detriment to the corporation
5.There is a defence to statutory directors' duties if
They take out insurance to professionally cover their duties
The court states that they have acted honestly or there was a reasonable excuse
They resign
There is a break in the chain of causation between the directors and the company
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