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In this particular scenario, you might start off by identifying some of the Material Facts, such as: Max is the managing director and hold 30%

In this particular scenario, you might start off by identifying some of the Material Facts, such as:

  • Max is the managing director and hold 30% of the shares for Acme Pty Ltd.
  • Jane (not a director) and her husband, Alex (non-executive director), hold the remaining 70% shares in Acme Pty Ltd.
  • Max is concerned Jane and Alex are misappropriating company funds.
  • Potentially trading insolvently, with bills going unpaid.
  • Validity of meeting called by Jane, to remove Max as director and appoint herself as director.

After discussing the facts, you might consider the legal issues:

  • Is the company trading insolvently?
  • Have any director's duties been breached?
  • Appropriateness of the meeting called by Jane to replace max as director?

Complete the rest of MIRAT. What would you add?

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