Question
Polyester is a director of Style Pty. Limited involved in making women's clothing. Situation 1. She arranges with the company's bank to transfer an amount
Polyester is a director of Style Pty. Limited involved in making women's clothing.
Situation 1. She arranges with the company's bank to transfer an amount of 65000$ from the 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 the 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 listed above?
Step by Step Solution
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Step: 1
Situation 1 Yes she has infringed the contract Being the companys director she trans...Get Instant Access to Expert-Tailored Solutions
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Step: 2
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