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6. What is the perc 7.Explain the different roles played D 8. Explain the nature of the legal relationship betwel nominee on the board? How
6. What is the perc 7.Explain the different roles played D 8. Explain the nature of the legal relationship betwel nominee on the board? How may directors be removed from the board? director? whether to d 9. 10 What factors does the court take into account when deciding Problem Question Alex has b establish a company in which they each take shares Alex, Mary and Jaco another job as an accountant and so he contributes ntant and so he contributes most of the money to s with his company and receives 60% of the shares in the company. Alexis quite bust Mary and Jacob plan to run the business themselves and each takes a shareholding and also act as officially appointed directors. However, Jacob fo to submit a written acceptance of his role as a director. During the first year accountancy practice and so he chooses not to become a director of the orgets company runs very well with Mary acting as CEO and Jacob as compan However, given that Alex owns a majority of the shares in the compan consulted about any significant decisions by Mary and Jacob. If Alex di y, he is disagrees with the course of action proposed by Mary and Jacob, then normally they will compromise to suit Alex. One day while Alex is inspecting the company's accounts (which he regularly does) he notices some accounting anomalies which suggest that Mary has been misappropriating funds from the company. Furthermore, Alex believes that the company has been insolvent for some time. (a) Does Alex fit within the definition of an officer under the Corporations Act? (b) Can Jacob avoid liability as a director by arguing that he was not officially appointed (due to the fact that he did not accept his position in writing)? AUSTRALIAN CORPORATE LAW
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