Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Mr and Mrs Book operate a small newsagency in their local neighbourhood. For tax planning purposes the business is conducted through a corporate structure called

Mr and Mrs Book operate a small newsagency in their local neighbourhood. For tax planning purposes the business is conducted through a corporate structure called Books for Life Pty Ltd. Mr Book is a director of the company and Mrs Book is the director and company secretary. Mr Book goes to the bank where Books for Life Pty Ltd has its accounts and he says the company needs to borrow $90,000 for a new delivery van to make home deliveries of newspapers to customers. The bank agrees to lend so long as it can take security over the major asset of the company which is a building which houses the newsagency premises on the ground floor and a second floor where Mr and Mrs Book live.

Mr Book intends to use the money to fund his gambling addiction. Mrs Book has no knowledge of his activity. Mr Book obtains the loan documents and mortgage documents from the bank. He affixes the common seal of Books for Life Pty Ltd, signs the documents in his capacity as a director and then forges his wife's signature as company secretary. The Bank advances the money. Mr Book wins a large sum of money in the high roller rooms ofJupitersCasino. He takes off overseas with his winnings leaving his wife Mrs Book behind.

Is Books for Life Pty Ltd liable under the loan contract and mortgage?

a.

Yes,because the bank is entitled to makeanassumptionabout the common seal being witnessedunderthe Corporations Act

b.

No as the loan contract and mortgage have not been signed by Mrs Book, her signature is a forgery

c.

No as it is no longer possible for a company to execute a contract using a company seal

d.

Yes, because the documents have been affixed with the common seal and signed by Mr Book, a director who is acting on behalf of the company

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Exceptions From EU Free Movement Law Derogation Justification And Proportionality

Authors: Panos Koutrakos, Niamh Nic Shuibhne, Phil Syrpis

1st Edition

1509928863, 978-1509928866

More Books

Students also viewed these Law questions