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Discuss In June 2023, members of Zamberro made a request to the directors to hold a meeting. Members intended to discuss about changing the constitution
Discuss In June 2023, members of Zamberro made a request to the directors to hold a meeting. Members intended to discuss about changing the constitution of the company and passing a resolution so that the company can issue more shares of the company and discuss whether it is a good idea to invest in the residential property market. However, directors did not want to follow the request. They argue that property market investment is not a good idea at this stage. But members have been serious about it, and they want to hold the meeting at any cost for the best interest of the company. Later, directors have changed their mind. Accordingly, without holding the meeting of members, they organised a directors board meeting. However, unfortunately after the company has invested money in the residential property, the company fell into financial trouble. Because of the financial trouble, in August 2023, the company could not pay its first instalment of the loan taken from ABC Bank. Facts revealed that the director, Jeffrey informed the bank before taking the loan that the loan amount would be used to invest for constructing a shopping complex in Joondalup area. Indeed, this was done to avoid delay in releasing money for the company. Jeffry argued that there is no wrong in this false statement since whatever he has done is for the sake of the company. He contends that he has no liability for the loan. Question With reference to case laws and relevant sections of the Corporations Act 2001 (Cth), advise whether Zamberros directors and/or members will be liable for the loan taken from ABC Bank. Discuss the answer in 4 steps. 1. Area of law 2. Discussion of law 3. Application of law 4. Conclusion the
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