...Introduction Equity developed to correct injustices, arising when the Common Law fell short of an ‘ideal’ regarding the provision of rights or remedies. Equity remains a relevant fixture of Australia’s legal system as the ‘… fundamental notions of equity are universal applications of principle to continually recurring problems; they can develop but cannot age or wither.’[1] The ‘undue influence’ doctrine and Garcia v National Australia Bank Ltd.[2] (Garcia) are illustrations of the High Court’s (the Court) historic and current attitude to equity. The High Court and Equity: A Historical Perspective Equity developed independently of the common law’s rigid structure, with cases resolved on individual bases with minimum reference to precedent. The Judicature Acts, aligned equity with the common law’s structure, causing the previously flexible equity to constrict to the common law’s judicial protocol. Equity in Australia has lost much of its original flexibility to the strict rules of precedent, a consequence of this ‘fusion’. Though equity’s flexibility has been constrained, significant developments in Australian’s legal context have occurred, including, the development of the principles like ‘estoppel by conduct’. Developments became rare with precedential growth, leading the Court to preference extending the application of accepted equitable doctrines or the determining previously restricted categories to include formerly extraneous situations, as alternatives to overruling...
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...Express Trusts – How do they work? LAW351 Equity & Trusts, Week 12 Friday Agenda Today * Trustees’ Powers * Trustees’ Rights * Beneficiaries’ Rights * Remedies for Breach of Trust Trustees Powers * The trustee has the powers conferred upon him in the trust instrument. If any * First in the instrument then look at the act(statute), if that fails you go to the court and seek a court order Statutory Trustees’ Powers * In addition to these, trustees have a variety of statutory powers, including: * The power to sell property (s27(1)(a), (b), (c)); * The power to lease property (s27(1)(d), (e)) including the power to renew leases under s36; * The power to expend money to repair, maintain or renovate property (s30(1)(a)). * If money is expended to improve or develop the property then the amount is limited to $20 000 ($50 000 if the trustee is acting on the advice of someone who the trustee reasonably believes to be competent to advise on improvement and development). * unless the Court consents (s30(1)(c)); * The power to “make decisions” with respect to any debts. (s42); * The power to insure the trust property (s46) and the power to use any insurance payout to replace, repair, rebuild etc damaged trust property (s47(4)). Here it is the power to insure – in the last lectures we have looked at the duty to insure. * The power to raise money by selling or mortgaging trust property...
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...USIU BUS 3010 BUSINESS LAW EQUITY The Maxims of Equity Maxims of Equity— As we have seen in the last chapters, the Courts of Chancery were governed by the principles of Equity. The Equity, again we have seen earlier, is not a single system of law bat a collection of appendices, But the principle of Equity which were followed by the Court of Chancery, while giving equitable reliefs, were not arbitrary. On the other -hand they were based upon those principles of right and obligation which have Juridical relation with aid application to the events aid transactions of society. Many of these general principles constituting the ultimate sources of equitable doctrines are enbodied in its twelve mixims of Equity. - . According to Salmond, “Maxims are proverbs of the law and provide useful means for the expression of leading doctrines of the law in form which is brief and intelligible. According to Prof. Hanbury, “They are the fruit of observation of developed doctrine and the ideas embodied in them are far older than their articulate expression.” The twelve Maxims of Equity which embodied the principles of Equity justice are as under: 1) Equity will not suffer a wrong without a remedy. 2) Equity follows the law. 3) Where equities are Equal, the law shall prevail. 4) Where the Equities are equal, the first in time shall prevail. 5) He who seeks Equity must do Equity. 6) He why comes to Equity, must come with clean hands or He that hath...
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...Private Equity 4/12/15, 7:31 PM Private Equity By root | November 25, 2003 DEFINITION Equity capital that is not quoted on a public exchange. Private equity consists of investors and funds that make investments directly into private companies or conduct buyouts of public companies that result in a delisting of public equity. Capital for private equity is raised from retail and institutional investors, and can be used to fund new technologies, expand working capital within an owned company, make acquisitions, or to strengthen a balance sheet. The majority of private equity consists of institutional investors and accredited investors who can commit large sums of money for long periods of time. Private equity investments often demand long holding periods to allow for a turnaround of a distressed company or a liquidity event such as an IPO or sale to a public company. INVESTOPEDIA EXPLAINS The size of the private equity market has grown steadily since the 1970s. Private equity firms will sometimes pool funds together to take very large public companies private. Many private equity firms conduct what are known as leveraged buyouts (LBOs), where large amounts of debt are issued to fund a large purchase. Private equity firms will then try to improve the financial results and prospects of the company in the hope of reselling the company to another firm or cashing out via an IPO. © 2015, Investopedia, LLC. http://www.investopedia.com/terms/p/privateequity...
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...ALBANY STATE UNIVERSITY | The Equity Theory | Organization and Administration in Criminal Justice | | Courtney Jones | Fall 2013 | Equity theory says that it is not the actual reward that motivates, but the perception, and the perception is based not on the reward in isolation, but in comparison with the efforts that went into getting it, and the rewards and efforts of others. | Adams' Equity Theory calls for a fair balance to be struck between an employee's inputs (hard work, skill level, tolerance, enthusiasm, and so on) and an employee's outputs (salary, benefits, intangibles such as recognition, and so on). According to the theory, finding this fair balance serves to ensure a strong and productive relationship is achieved with the employee, with the overall result being contented, motivated employees (“Adam’s Equity Theory” 1996-2013). Equity theory was first developed in 1963 by John Stacey Adams, a workplace and behavioral psychologist, who asserted that employees seek to maintain equity between the inputs that they bring to a job and the outcomes that they receive from it against the perceived inputs and outcomes of others. Adams' Equity Theory acknowledges that subtle and variable factors affect an employee's assessment and perception of their relationship with their work and their employer (“Adam’s Equity Theory 1996-2013”). The belief is that people value fair treatment which causes them to be motivated to keep the fairness maintained within...
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...Clarify Brand Equity Perspective Brand equity can be viewed from several different perspectives. The hard-line perspective is that of financial outcomes which examine price premium. That is, how much more will a consumer pay for a product or service that is branded over a product or service that is generic? A softer perspective is that of brand extension where consideration is given to the value that a brand lends to the introduction of other products, or considers the reverse dynamic of the impact of a new product or service on the existing brand. This following steps address a third perspective - customer-based. Determine Brand Equity Research Goals Brand equity market research falls into one of three camps: Tracking, exploring change, and/or extending brand power. Market research that focuses on tracking makes comparison among competitive brands or products against a benchmark. When exploring change is the research goal, customer brand attitude is tapped regarding branding decisions that might result in repositioning or renaming products or services. A deeper examination of extending brand power is carried out when substantive additions to a brand are considered. Each of these research goals requires a different tact. Understand Customer Brand Attitude A customer-based perspective in the measurement of brand equity focuses on the experiences that consumers have with a brand. The stronger the brand, the stronger the customer's attitude toward the products or services associated...
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...International Journal of Advanced Research in Management and Social Sciences ISSN: 2278-6236 IMPACT OF CELEBRITY ENDORSEMENT ON BRAND EQUITY IN COSMETIC PRODUCT S. Sivesan* Abstract: In the present business environment, marketers are using different kinds of marketing strategies to achieve the organizational goals. Celebrity endorsement is one of the marketing strategies which are adopted to achieve the organizational goals. Celebrity endorsement advertisements have been known as ‘ubiquitous feature of modern marketing. This study attempts to measure the impact of celebrity of endorsement on brand equity in the cosmetic product. For this purpose, 123 respondents were selected by using systematic random sampling methods. The data analysis covered correlation, regression, and rank order by using the version 16.0 of SPSS package. Results revealed that celebrity endorsement and brand equity are positively correlated with the value of 0.3394 which is highly significant at one percent level. A result of the regression analysis is celebrity endorsement 0.44 which means 44 percent impact on brand equity. This study would hopefully benefit to the academicians, researchers, policy makers and practitioners through exploring the impact of celebrity endorsement and brand equity. Keywords: celebrity endorsement, brand equity, advertisement *Lecturer, Department of Marketing, Faculty of Management Studies and Commerce, University of Jaffna, Sri Lanka Vol. 2 | No. 4 | April 2013...
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...Private Equity as an Asset Class Guy Fraser-Sampson Praise for Multi Asset Class Investment Strategy: “. . . pension fund trustees right around the globe should read the book . . . it is certain to stir up some much needed debate . . . has received rave reviews from within the UK pension industry” (Global Pensions) “. . . time and money well spent . . . the tectonic plates are shifting under the UK investment establishment” (Daily Telegraph) “. . . an indispensable roadmap for anyone looking to create a successful investment programme . . .” (The Securities Investment Review) “It’s some time since I read anything as clear and punchy . . . if you are involved in setting investment strategy for a pension fund, this book cannot help but clarify your thinking.” (Benefits & Compensation International) “This book stakes Fraser-Sampson’s claim to be recognised as one of the great thinkers on portfolio theory, ranking alongside Markowitz and Swensen.” (Rebecca Meijlink, AlphaBet Capital) “I somehow expected another version of Swensen’s “Pioneering Portfolio Management”. However, this is in my eyes a huge improvement and a surprisingly entertaining and satisfying read.” (Thomas Meyer, EIF, author: Beyond the J-Curve) Private Equity as an Asset Class For other titles in the Wiley Finance Series please see www.wiley.com/finance Private Equity as an Asset Class Guy Fraser-Sampson Copyright © 2007 John Wiley & Sons Ltd, The Atrium, Southern Gate...
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...Equity theory proposes that individuals who perceive themselves as either under rewarded or over rewarded will experience distress, and that this distress leads to efforts to restore equity. (Huseman, 1987). John Stacey Adams, a workplace and behavioral psychologist, asserted that employees seek to maintain equity between the inputs that they bring to a job and the outcomes that they receive from it against the perceived inputs and outcomes of others. (Adams, 1965) When people feel fairly or advantageously treated compared to their peers, they are more likely to be motivated; when they feel unfairly treated they are highly prone to feelings of disaffection and de-motivation. The way that people measure this sense of fairness is at the heart of Equity Theory. (Champman, 1995-2010) In my organization, many feel like they are underpaid when compared to co-workers who have similar job functions. Many also have the impression that co-workers in our Foster City office only 20 miles away are paid much more (output) for the same positions (inputs). When speaking with these employees I gather a sense of hostility and regressed performance based on the perceived feeling of unfairness. A proposed solution is to link each job title to a specific salary code which will have a specific associated salary pay range within each geographical region. I think this will work because it takes away from often false assumptions that certain individuals make more than others which cause employees to...
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...Although high-net-worth investors have been buying large positions in companies since the days of Carnegie and Rockefeller, the modern aspects of the industry took shape in the 1960’s through the efforts of Kohlberg, Kravis, and Roberts, three Bear Stearns bankers who would later form the eponymous private equity firm KKR. PE activity then grew rapidly in the 1970-80’s when a large number of family businesses that were started after WWII were struggling with succession concerns and an inability to continue organic growth. PE firms saw this uncertainty as an opportunity to “flip” these companies for a profit by acquiring them, restructuring their operations, and then either finding a strategic buyer or taking the company public. Around this same time was the start of the technology boom and rise of Silicon Valley, causing an influx of capital hoping to fund the next big growth story. This large amount of eager capital spurred the creation of PE firms to facilitate investment opportunities which led to the industry standards we have today. The first task for any aspiring private equity firm is to raise the pool of assets utilized for pursuing investment opportunities. Since its inception PE has been the domain of high-net-worth investors, and as a result PE firms source their capital from high value clients such as pension funds, university endowments, sovereign wealth funds, and the fund managers’ own personal wealth. Given a finite number of potential investors, PE firms compete...
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...Venture Capital and Private Equity Contracting This page intentionally left blank Venture Capital and Private Equity Contracting An International Perspective Douglas J. Cumming Associate Professor and Ontario Research Chair, York University – Schulich School of Business, Toronto, Ontario, Canada Sofia A. Johan Senior Research Fellow, Tilburg Law and Economic Centre (TILEC), Tilburg, The Netherlands AMSTERDAM • BOSTON • HEIDELBERG • LONDON • NEW YORK • OXFORD PARIS • SAN DIEGO • SAN FRANCISCO • SINGAPORE • SYDNEY • TOKYO Academic Press is an imprint of Elsevier Academic Press is an imprint of Elsevier. 30 Corporate Drive, Suite 400, Burlington, MA 01803, USA 525 B Street, Suite 1900, San Diego, California 92101-4495, USA 84 Theobald’s Road, London WC1X 8RR, UK Copyright © 2009, Elsevier Inc. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. Permissions may be sought directly from Elsevier's Science & Technology Rights Department in Oxford, UK: phone: ( 44) 1865 843830, fax: ( 44) 1865 853333, E-mail: permissions@elsevier.com. You may also complete your request online via the Elsevier homepage (http://elsevier.com), by selecting “Support & Contact” then “Copyright and Permission” and then “Obtaining Permissions.” Library of Congress Cataloging-in-Publication...
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...Benefits of Private Equity Private equity provides capital that is both committed, and long-term, to help unquoted companies succeed and experience more growth. Private equity can help if you want to (1) start up a company, (2) expand your business, (3) buy out a portion of your parent company, (4) revive or turn around a company, or (5) buy into a company. Raising private equity for your company is very different than applying for a loan from a bank or other lender. If you obtain funding from a lender, whether your business succeeds or fails, the lender has a legal right to all of the interest on the loan as well as on the interest on the repayment of the capital. When private equity is invested in your company, the shareholders have a stake in your company. This means that the amount of money the investor earns is dependent on the profit and growth of your company. You may be wondering if your company is attractive to potential private equity investors. Most small companies are developed with the main goal of providing the owner with a good level of living as well as satisfaction at having their own business. These small businesses are not usually used as a private equity investment since they are not likely to provide a large enough financial return to make them worth the time for large investors. You can recognize large entrepreneurial businesses by their potential for growth as well as their business objectives. Many times you won't be able to recognize these entrepreneurial...
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...Ronance Adrian F. 24th November, 2013 4ABE Prof. Dimaculangan “Private Equity Today and Tomorrow” The industry of business in its entirety has undergone a number of changes both good and bad over the last century. From the limitless amount of credit people had in the 1920’s, to the great depression that soon followed, with the popularity of manufacturing in the industrial age, over to the advent of technology development after the second millennium, time has changed how we conduct and treat our businesses. No matter what circumstance, the only thing that seemed to remain constant in all businesses is the understanding that it cannot function without capital. And although the internet obliterated certain walls of businesses such as geographic restrictions and costly marketing expenses, businesses would still have the need for capital. The need for business capital now brings us to the question of its procurement. There are a number of ways in which the budding entrepreneur or business prodigy can do this but perhaps one of the most effective ways in seeking funds for a business is through private equity. Private equity or private equity funds is the combined effort of individuals in a certain organization seeking to pool in funds in order to finance high-risk and potentially high reward projects. In its initial years, the private equity industry was a rage all over the American market. Its origins could be traced within the lines of very...
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...com/0263-4503.htm Brand equity for online companies Rosa E. Rios Australian College of Kuwait, Safat, Kuwait, and Brand equity for online companies 719 Received 1 May 2008 Revised 1 July 2008 Accepted 1 July 2008 Hernan E. Riquelme Kuwait-Maastricht Business School, Salmiya, Kuwait Abstract Purpose – The purpose of this paper is to determine if the traditional approach to measuring brand equity applies to online companies. Design/methodology/approach – This objective is pursued by: developing a measurement model of brand equity for online businesses; and testing the nomological validity of the model using structural equation modelling. Findings – This study finds partial support for the application of the offline brand equity theoretical framework based on brand awareness, brand associations and loyalty for online companies. Brand loyalty and brand value associations directly create brand equity. Research limitations/implications – The study is cross-sectional, the indicators or observable variables used in this study may not be deemed comprehensive enough, no interaction effects have been incorporated, and finally, the research study was based on a few online business retailers. Practical/implications – The results support the view that a consumer’s perceived sense of value resulting from a transaction with an online business develops loyalty. Also, brand-trust association and brand awareness indirectly contribute to creating brand equity through their influence on...
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...THE BASICS OF PRIVATE EQUITY With its bright performance in 2010, Indian PE has re-emerged in good shape from the turbulent times of the global credit meltdown and subsequent economic retrenchment. Deal activity has rebounded more quickly than in other Asia-Pacific markets, the exit markets are healthier than ever and capital continues to pour into an expanding number of domestic and international PE funds. Investment in P.E. firms adds value and managerial capacity in companies that are in need of rejuvenation and intend to compete in the global environment. Value addition is the main feature of investment. What is Private Equity? In finance, private equity is an asset class consisting of equity investments in companies that are not traded on a public stock exchange. Investments typically involve a transformational, value added, active management strategy. Private equity is medium to long-term finance provided in return for an equity stake in potentially high growth unquoted companies. Private equity provides long-term, committed share capital, to help unquoted companies grow and succeed. Private equity is a broad term which commonly refers to any type of non-public Ownership Equity securities that are not listed on a public exchange. At the start of a business, owners put some funding into the business to finance assets. Businesses can be considered for accounting purposes to be sums of liabilities and assets (also known as the accounting equation). After...
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