...DOCTORINE OF DUE DILIGENCE Introduction of Due Diligence: Due Diligence is a process of thorough and objective examination that is undertaken before corporate entities enter into major transactions such as mergers and acquisitions, issuing new stocks and other securities, project finance, securitization, etc. One of the key objectives of due diligence is to minimize, to the maximum extent practicable, the possibility of there being unknown liabilities or risks. The exercise is the multi-dimensional and involves investigation into the business, tax, financial, accounting and legal aspects of an issuer. Definition of Due Diligence: "Due diligence" is a term used for a number of concepts involving either an investigation of a business or person prior to signing a contract, or an act with a certain standard of care. It can be a legal obligation, but the term will more commonly apply to voluntary investigations. A common example of due diligence in various industries is the process through which a potential acquirer evaluates a target company or its assets for acquisition. * Due diligence can be defined as: 1. The examination of a potential target for merger, acquisition, privatization, or similar corporate finance transaction normally by a buyer. 2. A reasonable investigation focusing on material future matters. 3. An examination being achieved by asking certain key questions, including, how do we buy, how do we structure the acquisition, and how much do we...
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...Continental J. Education Research 4 (3): 70 - 80, 2011 © Wilolud Journals, 2011 Printed in Nigeria ISSN: 2141 - 4265 http://www.wiloludjournal.com ADMISSION AS A FACTOR IN THE NIGERIAN UNIVERSITIES’ MANAGEMENT PROBLEMS Babatunde Oyedeji Dept of Politics and International Relations, Lead City University, Ibadan ABSTRACT Admission is a necessary foundation building for joining a university institution for study or for scholarship. It is the climax to a string of academic activity starting from the cradle (of applicants) onto the matriculation watershed. Universities therefore take the task of admission of Students into their portals seriously insisting that as part of its basic academic freedom, the University Senate should provide and protect policies and processes for admission. Phillip G Altback described the central elements of academic life as ‘….. the admission of students, the curriculum, the criteria for the award of degrees, the selection of new members of the professoriate, and the basic direction of the academic work of the institution’1. This paper seeks to dissect the background and circumstances affecting and afflicting the admission process and its pivotal role in the business of tertiary education in Nigeria. It will attempt to draw connections as between admissions and variables such as the quality, quantity, stakeholder involvement, institutional effectiveness of the process and how it features as an instrument for higher quality higher education. KEYWORDS: University...
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...AIR 1995 SUPREME COURT 2372 "Gujarat Bottling Co. Ltd., M/s. v. Coca Cola Company" = 1995 AIR SCW 3521 (From : Bombay) Coram : 2 S. C. AGRAWAL AND S. SAGHIR AHMAD, JJ. Civil Appeals Nos. 6839-6840 of 1995, (arising out of S.L.P. (civil) Nos. 8800-01 of 1995), D/- 4 -8 -1995. M/s. Gujarat Bottling Co. Ltd., and other, Appellants v. Coca Cola Company and others, Respondents. Judgement: S. C. AGRAWAL. J. :- Special leave granted. 2. In the past nations often went to war for the protection and advancement of their economic interests. Things have changed now. Under the international order envisaged by the Charter of the United Nations war is no longer an instrument of State policy. Now-a-days there are wars between corporations, more particularly corporations having multi-national operations, for the protection and advancement of their economic interests. These wars are fought on the economic plane but some of the battles spill over to Courts of law. The present case is one such legal battle. The combatants are two American multi national corporations dominating the soft drinks market having operations in a number of countries. On the one side is Coca Cola Company (respondent No. 1), hereinafter referred to as "Coca Cola," and on the other side is PEPSICO INC.(for short "Pepsi"), and its subsidiaries and subsidiaries of the subsidiaries which are under, direct or indirect, control of Pepsi. There is a long history of trade rivalry...
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...MEANING, CHARACTERISTICS AND TYPES OF A COMPANY INTRODUCTION Industrial has revolution led to the emergence of large scale business organizations. These organization require big investments and the risk involved is very high. Limited resources and unlimited liability of partners are two important limitations of partnerships of partnerships in undertaking big business. Joint Stock Company form of business organization has become extremely popular as it provides a solution to overcome the limitations of partnership business. The Multinational companies like Coca-Cola and, General Motors have their investors and customers spread throughout the world. The giant Indian Companies may include the names like Reliance, Talco Bajaj Auto, Infosys Technologies, Hindustan Lever Ltd., Ranbaxy Laboratories Ltd., and Larsen and Tubro etc. 1.2 MEANING OF COMPANY Section 3 (1) (i) of the Companies Act, 1956 defines a company as “a company formed and registered under this Act or an existing company”. Section 3(1) (ii) Of the act states that “an existing company means a company formed and registered under any of the previous companies laws”. This definition does not reveal the distinctive characteristics of a company . According to Chief Justice Marshall of USA, “A company is a person, artificial, invisible, intangible, and existing only in the contemplation of the law. Being a mere creature of law, it possesses only those properties which the character of its creation of its creation confers...
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...LESSON : 1 MEANING, CHARACTERISTICS AND TYPES OF A COMPANY STRUCTURE 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.0 Objective Introduction Meaning of Company Characteristics of a Company Distinction between Company and Partnership Types of Company Summary Keywords Self Assessment Questions Suggested Readings OBJECTIVE After reading this lesson, you should be able to: (a) (b) (c) 1.1 Define a company and explain its features. Make a distribution between company and partnership firm. Explain the various types of companies. INTRODUCTION Industrial has revolution led to the emergence of large scale business organizations. These organization require big investments and the risk involved is very high. Limited resources and unlimited liability of partners are two important limitations of partnerships of partnerships in undertaking big business. Joint Stock Company form of business organization has become extremely popular as it provides a solution to (1) overcome the limitations of partnership business. The Multinational companies like Coca-Cola and, General Motors have their investors and customers spread throughout the world. The giant Indian Companies may include the names like Reliance, Talco Bajaj Auto, Infosys Technologies, Hindustan Lever Ltd., Ranbaxy Laboratories Ltd., and Larsen and Tubro etc. 1.2 MEANING OF COMPANY Section 3 (1) (i) of the Companies Act, 1956 defines a company as “a company formed and registered under this Act or an existing company”. Section 3(1) (ii)...
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