Question
Isabella, Henrietta and May changed business form. The business has now been operating as a company with Isabella, Henrietta and May as directors. However, the
Isabella, Henrietta and May changed business form. The business has now been operating as a company with Isabella, Henrietta and May as directors. However, the trouble for the business does not end there. Henrietta is upset for being blamed for the incident with the customer and wants to make it up to Isabella and May. She finds out that the neighbouring shop is available for sale for $140,000 - a price that she considers a bargain. Henrietta decides to take out a loan for $170,000 in order to buy the shop and have some spare money for renovation. 7 The constitution/ replaceable rules of the business state that a director has power to manage the ordinary affairs of the company, however any contract for goods and services (including a loan) exceeding $100,000 must be signed by a director and another person authorised by the board for that purpose. Henrietta did not discuss this with any of her colleagues before signing the contract. 4) Has Henrietta breached any duties as director under the Corporations Act 2001 (Cth) by taking up the loan?
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