Solve all problems below
Case Study Company Law A private limited company, Gemstones Put Lid, is engaged in the business of importing and supplying jewelry as wholesalers to local market. Ali, Ahmed, Sara, Faisal and Amir are the directors of the company. The company decided that the market is becoming more competitive so they need to expand their business. To achieve their target they obtained 4 million rupees loan for the local bank. They spent all the money to increase their business. All the directors of the company did not attend the meetings of the company, Ali and Ahmed are the only ones who participate in the meetings actively. At this time Ali contacted with another retailer of jewelry company, Saad who was looking for a reliable supplier. But he doesn't want to deal with Gemstones PVt Ltd because he doesn't like the managing director Ahmed. Ali did not want to miss this great opportunity so he set up his own business and entered into a contract with Saad without telling other directors of the company. All other members were unaware about this deal. After six months Ali resigned from the director's post because the company became insolvent and could not pay interest on its loans. Important points: 1. The company became insolvent due to expansion and was unable to pay the interest on its loans. 2. Saad was a potential customer of Gemstones Pvt Ltd. Consider the following: 1. Point out the concepts under Company Law underlying the case study. 2. Ali's course of conduct in the light of Company Law aspect. 3. Other director's liability arising in connection with the loan incurred. Could they avoid the liability under any circumstance? 4. Is Ali liable even though he has resigned from the post of the director? 5. Te legal sanding of Ali's own company running alongside Gemstones Pvt Ltd.Use ILAC format to answer the questions Question 1: what is Member remeces {1G marks}: [chapter 1? of Understanding Company Law] Question 1 what is Director's duties (EC! marks}: {chapter 13 of Understanding Company Law} ME}:r duties 5130, 5131, 513; 5133, 5134 and 55336- o'Ft'l're Corporaticms Act 'r'bu will be ashed to advise ASIC have there been breaches of the Corporations Act in the above circumsta nces. 'rbu must look at that for each ofthe five directors {2 executive directors and three non executive crectors}. The compan}:r is in nancial difcultytha't is related in terms howthe directors should be responding to that. wl'ietherthe major response to represent the breach or not. Nominate Type of breach Discuss the provision that has been bread'red. Question 3: Corporate Contracting [10 marks}: Can the bank enforce the mortgage contract against the company"? Section 13 ofthe Corporations act in instances where a Director has misrepresented a cosignatory. Question 3 What are the differences between right issues and bonus issues? Your answer should include the advantages and disadvantages of both right issues and bonus issues. [8 marks] Question 4 The Companies Act 2016 repealed the Companies Act 1965 and changed the landscape of company law in Malaysia. The Companies Act 2016 reformed almost all aspects of company law in Malaysia. Required: By referring to the Companies Act 2016, insert the correct sections in column (A) for each description in column B. LUAccording to China's Company law, who of the following persons could be eligible for appointment as a director, supervisor or senior manager of a company? A. A person who has been convicted crime of corruption B. A physical disabled person who has full civil capacity C. A former director of a company which has been declared bankrupt where he was personally responsible for the bankruptcy D. A person who has significant unpaid debts. 8. Which of the following FIE forms is not a legal person? A. CJV B.EJV soon mug rancor C. Branch office D.IHC how of viilids and beat vilsing aved of bermilos ed or ontolyons set . 9. According to China's company law, a company may not purchase its own shares in which of the following circumstances! A. to reduce the registered capital B. to merge with another company that holds its shares C. to reward the staff of the company with shares of D. to escape some tax Page 2 7 pages in total1 . which is not a legislative body of the People's Republic of China? A. NPC C. CCA B. SCNPC D. The State Council 4. Who of the following persons have sufficient capacity to settle a contract? A. Minors B. Mentally incompetent persons C. University students shove 20 years old D. Intoxicated persons 5. In which of the following circumstances the contracting party has no excuse for non-performance? A, flood B. earthquake C. continuous rainfall D. volcano eruption 6. Who could not be a legal representative of a company according to China's Company law? A. chairman of the BOD B, supervisor C. manager D. acting director 7. According to China's Company law, who of the following persons could be eligible for appointment as a director, supervisor or senior manager of a company? A. A person who has been convicted crime of corruption B. A physical disabled person who has full civil capacity C. A former director of a company which has been declared bankrupt where he was personally responsible for the bankruptcy D. A person who has significant unpaid debts. 8. Which of the following FIE forms is not a legal person? A. CJV B.EJV C. Branch office D.IHC 9. According to China's company law, a company may not purchase its own shares in which of the following circumstances! A. to reduce the registered capital B. to merge with another company that holds its shares C. to reward the staff of the company with shares D. to escape some tax Page 2 7 pages in total
