Question
Poleer i a direcor of Sle P Limied inoled in making omen clohing Situation 1. She arranges with the compan bank o ranfer an amon
Poleer i a direcor of Sle P Limied inoled in making omen clohing Situation 1. She arranges with the compan bank o ranfer an amon of from he company account into a personal bank account held by her in her own name. She uses the funds to finalise some outstanding personal debts. Situation 2. As a director she receives information that the company is in a serious financial position. She arranges to transfer a larger amount of the assets of the company over a new proprietary company that she formed with the intention of caring on the same business. Situation 3. Contrary to a resolution of the Board and notwithstanding established business practice that limits credit to $20,000 she allows a trade debtor (who has a history of bad debts) to exceed its credit limits by $25,000. The debtor fails to pay the outstanding amount of $45,000. Can she rely on the business judgment rule in this situation?
Required: Has she breached any duties under the Corporation Act in the three (3) situations listedabove?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started