Question
A manufacturing company, We Build Stuff Ltd, is looking to borrow money from the public to expand its productive capacity through the purchase of more
- A manufacturing company, We Build Stuff Ltd, is looking to borrow money from the public to expand its productive capacity through the purchase of more machinery. It is creating a debt-based security and is now producing a prospectus for this public issue that describes the security as a debenture. What terms would it need to offer in order to comply with the Corporations Act 2001 (Cth)?
a.
Under the terms of the loan, We Build Stuff Ltd must offer a security over its factory.
b.
There are no restrictions on what security may be granted, it can be an unsecured loan, but it would be wise to offer a higher rate of interest to encourage investors.
c.
The loan must grant a security over one of the company's factory or the whole or any part of its property.
d.
The loan must grant a security over the whole or any part of We Build Stuff Ltd's property.
2)Under s254T of the Corporations Act 2001 (Cth), a company is only permitted to pay a dividend under the following circumstances:
a.
All of the answers are correct. E.g all requirements in the other answers must be fulfilled to pay a dividend.
b.
The company's assets exceed its liabilities immediately prior to the dividend being paid.
c.
The dividend is fair and reasonable to the shareholders as a whole.
d.
The payment of a dividend does not prejudice the company's ability to pay back its creditors.
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