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Part A: Briefly answer all 10 questions. (20 Marks) 1. Compare the manner in which a partnership, a proprietary company and a public company can

Part A: Briefly answer all 10 questions. (20 Marks)

1. Compare the manner in which a partnership, a proprietary company and a public company can raise funds. (3 marks)

2. Explain the concept of fiduciary duty, and its scope or duration, as applied to partnership law? (3 marks)

3. What is the significance of s 124 of the Corporations Act 2001 (Cth) (2 marks)?

4. Explain the impact of s 588G of the Corporations Act 2001 (Cth) on the legal principle established in Salomon's case. (4 marks)

3 | P a g e

5. What is the significance of s 198A of the Corporations Act 2001 (Cth)? Explain how a company's constitution can be changed. (3 marks)

6. What is a pre-registration contract and when a company can be bound by a pre-registration contract under the Corporations Act 2001 (Cth)? (3 marks)

7. How can promoters avoid their personal liability for a pre-registration contract under the Corporations Act 2001 (Cth)? (2 marks)

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