Question
Background: Faiz and Janelle have read your draft report and made comments on the report. Joshua Simpson the chairperson and John Symonds the CEO have
Background: Faiz and Janelle have read your draft report and made comments on the report. Joshua Simpson the chairperson and John Symonds the CEO have read the final report you prepared and have the following questions on which they seek clarification. Both Joshua and John are busy and want to do a video hook up with you on Friday 29 September at 9 am to clarify matters in your report. They have other matters they also wish to discuss or to get your views. THE ISSUES THAT JOSHUA AND JOHN WANT YOU TO ADDRESS IN THE VIDEO:
1.Can you explain in simple terms the purpose of the safe harbour rules under s588GA and should we adopt this approach or are there too many risks involve?
2.We are not clear about what is meant by a profit under the Corporations Act. Our understanding is that a profit is income less expenses. Thomas the CFO has said that we have a profit but the financial accounts show a loss. Can you please clarify.
3.We are concerned about the actions of the senior officers like Janet who has exposed the company to a large liability. Can we put a clause in the constitution that limits the powers of certain directors and officers how will this impact on clause 76 of the constitution?
4.If we delegate to an external consulting firm to ensure that all the obligations of safety are complied with, will that protect the directors if anything goes wrong in the future?
5.We understand that the cheaper option in raising money for the company is to issue equity rather than debt. However all the current shareholders are reluctant to invest more money into the company. The cost of debt is high and Carlo cannot find us a competitive rate of interest. Is there in your view any alternative options we should consider. We are open to consider anything as we do not want to be personally liable if things go wrong.
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