...June 23, 2012 Memorandum Re: ManBank’s loan to Bob Prepared By: Joan, as director for ManBank, was approached by her friend Bob, requesting a loan to start a new airline business. Bob has determined that he would require a loan of $300,000.00 to begin this venture. Bob plans to use the planes he intends to purchase as collateral for the loan. Joan researches Bob’s background and identifies that he has worked in the industry for 12 years and was able to show an increase in regional sales by 28%. Based on this research and Joan’s personal friendship with Bob, Joan recommends that ManBank provide the full loan amount. The loan is granted and Bob begins his business. Within 3 years, Bob’s business goes bankrupt and the bank is only able to recover one half of the loan amount upon the sale of Bob’s planes. The bank is now responsible for a debt of $150,000.00 that they will not be able to recover. Due to this debt, the shareholders of ManBank file a derivative lawsuit against Joan for breach of her fiduciary duty of care. The issue is to determine if Joan’s conduct is protected under the Business Judgment Rule (herein referred to as, BJR), thus, determining if Joan should be held liable for the company’s debt. As outlined in the NPC courseware, the Business Judgment Rule does not provide for a distinct definition. It is a principle that it utilized by the courts in multiple applications and translations. Essentially, the BJR is a corporate...
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...Critical Thinking Memorandum PHL/320 June 13, 2016 Critical Thinking Memorandum This document will explain critical thinking. An example will be provided from personal experience regarding application of critical thinking in business decisions. Other points in this paper will cover importance, benefits regarding the example provided and how they relate. Before the conclusion is stated the last point in this paper will cover how critical thinking is used in my current position. Critical Thinking Explained Critical thinking is the introspectively and orderly method of cleverly and vigorously applying, synthesizing, analyzing, conceptualizing, and classifying information collected from, or produced by, reasoning, experience, observation, reflection, or communication, as a compendium to action and belief. In its ideal form, it is based on global intellectual principles that go beyond the matter of which a thing is formed: accuracy, clarity, consistency, precision, sound evidence, relevance, depth, good reasons, fairness, and breadth. Critical thinking also involves the exploration of these elements and or structures of understanding in all purpose, assumptions, concepts, problems, or question-at-issue, concepts, reasoning leading to conclusions, empirical grounding, consequences and implications, objections from alternative viewpoints; and frame of reference. Critical thinking is being proactive to different issues, purposes, and subject matter in which it is...
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...Memorandum To: Professor Sandra Moses From: Business Communication Team 1 Date: September 22, 2014 Subject: Asian Business Culture Please review this memo to prepare yourself for interaction with business partners in China, Thailand and Japan. Introduction Engaging in any business transaction such as meetings, striking a deal or even just exchanging contact information is to be done with a great deal of tolerance for the Asian culture. It is important to remember to be aware and follow some simple guidelines that will be outlined first. It is significant that these rules be followed use simple English, speaking slowly and enunciate, check frequently for their comprehension, observe eye messages, and accept blame if there is a misunderstanding. Practice etiquette by listening without interruption, smile when appropriate, and follow up every meeting in writing to ensure understanding and show appreciation. Asian Culture Chinese business partners will present themselves much like Japanese and Thailand partners. They will have a quiet demeanor that lacks little emotion. Expect the asian business partners to move slowly compared to our pace. Chinese and Japanese business meetings are conducted with patience and will often have long pauses. In Japan business is male dominated and should be conducted very diplomatically. All three countries have a strong sense of hierarchy. It is important to address individuals with their full name and title in both China and Japan,...
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...T3 Q1 From the case, Selera Jaya Bhd was incorporated as a company limited by share in 1995 which means Selera Jaya Bhd has lodged with the registrar and was a Memorandom of Association company. Under S22(3)Companies Act 1965, Selera Jaya Bhd have stated “Bhd” with name of company, therefore its proved that Selera Jaya is a public company. Besides, every company must have object clause and be stated in memorandom of association, means every company must specifically authorized which activities can be engaged in by company. This is to avoid ultra vires occur. In addition, Selera Jaya Bhd’s objects clause states that its sole object is the running of restaurants and a food catering business. But recently the company ventured into cane furniture and contracted with Rotan Sdn Bhd for the purchase of cane valued at RM200,000. Refer to memorandom of asscociation company law, the company only can engage in business activities that are set out in its object clause. Under doctrine of ultra vires, if activities not specified in the object clause is void. Selera Jaya Bhd only set running of restaurant and a food catering business as object clause, but now company were ventured into cane furniture business which is not stated in object clause of company.The act that Selera Jaya Bhd done is an ultra vires which beyond the power of company. By the case in Ashbury Railway Carriage v Riche in year 1875, an ultra vires transaction is null and void. In conclusion, Dagang can apply to the...
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...Memorandom To: Tax Manager From: Sarah Garlick Date: 11/9/11 Re: Mr. and Mrs. John Smith – Morgan Horse Facts: The Smiths’ Adjusted Gross Income is $170,000 and taxable income is $140,000. They have an opportunity to deduct more from their taxable income. The Smiths purchased the Morgan Horse for $10,000 six years ago for their daughter to ride, and they spent an extra $4000 to train the horse. The Smiths are looking to donate the horse to the local police unit. The estimated fair market value of the Morgan Horse is $24,000. Issues: 1) Should Mr. and Mrs. Smith donate the Morgan Horse to the local mounted police unit? 2) How much can they deduct for 2011 as a charitable contribution? Conclusions: The Smiths should donate the Morgan Horse to the local police unit. In the event they donate the horse, they should recognize and deduct the $24,000 fair market value of the Morgan Horse. Discussions: The donation of the Morgan Horse is considered a donation of appreciated capital gain property because the Smiths have owned it for more than one year, and would recognize a long term capital gain if the horse was sold at the date of the contribution to the local police department. If the Smiths donate the horse to the public charity and the charity will use the horse for their primary function, the fair market value of the Morgan Horse can be recognized as a charitable contribution. Also, deductions for contribution of capital gain property are limited to 30%...
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...MEMORANDOM TO: Bradley Stonefield, Owner FROM: Chris Weeks DATE: October 6, 2013 SUBJECT: Employment Law Compliance Plan The following memo will cover some federal and state employment laws and the consequences for noncompliance of those laws. The U.S. Department of Transportation has minimum set of requirements for those operating a limo service. Drivers cannot drive more than 10 consecutive hours. Drivers must perform vehicle safety inspections and sign a vehicle maintenance log before each trip. Drivers must have a current valid state driver’s license and a list of any violations on file with the company. Drivers must have a minimum Class C state driver’s license with passenger endorsement. Drivers must also complete and pass drug and alcohol testing prior to employment and undergo random testing thereafter (Federal Limousine Service Regulations). Drivers must maintain a clean driving record and must be insurable under the company’s liability insurance policy. In Austin, Texas in order for an employee to drive a limo they must apply for a Chauffeur license permit. The permit will require background, license and traffic violations checks. A copy of the employee’s criminal history and driving record must be certified by Texas Department of Safety. Texas state law requires the employee to carry a license and provide on demand. Not carrying a license can result in a fine not to exceed $200, subsequent fines and jail time for second and third violations. Limousine...
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...Coastal Trails Inc. 352-420 Pinelawn Ave New York, NY 11865 MEMORANDOM TO: Paul Pascal, President FROM: Melanie Soto, Chief Technology Officer DATE: April 21, 2014 RE: Bitcoin Research Introduction: What is Bitcoin? First to answer that question, Bitcoin is another way the average consumer can sell and buy products. The way bitcoin is used is through any computer with Internet connection. As long as you have a computer you can purchase and sell items. A benefit that this has is that the accounts aren’t managed through third parties or banks therefore you can send and receive transactions with a click of a button. There are two ways that you can obtain bitcoins. One way is through mining. You have an electronic wallet on your desktop, laptop, iPad, etc. . This wallet keeps track of how many bitcoins you have and you can than start mining. Mining is when you allow you join a pool that links with other people who are mining to generate bitcoin money with the help of each other’s servers. The second way is to actually purchase a bitcoin. Problem: There are numerous ways that you can purchase Bitcoins but it all depends on which exchange process you use to purchase them. Overall bitcoin is very easy to maneuver but the actual value is not so stable. Since there is a certain amount of bitcoins that were made the value of the currency fluctuates. Meaning if the coins are in...
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...Employment Law Compliance Plan HRM/531 MEMORANDOM To: Bradley Stonefield, Owner From: Date: June 8, 2015 Subject: Employment Law Compliance Plan Thank you for taking the time to speak with us today. Per our discussion, I would like to address the employment laws that are specific to both Texas and federally. The consequences for noncompliance of these employment laws will be addressed as well. Laws we will discuss are • Title VII of the Civil Rights Act of 1964 • Americans with Disabilities Act • Age Discrimination in Employment Act of 1967 • Federal Fair Labor Standard • Texas Minimum Wage Law • The Immigration Reform and Control Act of 1986 Title VII of the Civil Rights Act of 1964 Title VII of the Civil Right Act of 1964 was designed for non-discrimination in hiring processes. Hiring cannot be based on race, religion, sex, nor national origin. Your goal of hiring 25 people in the first year, you must comply with this employment law. Non-compliance can result in employees filing a lawsuit if he/she feels they have been discriminated against. Full understanding of this will make sure that you ask appropriate questions during the interview process; inappropriate questions to ask would be marital status, birthplace and anything related to religion. Americans with Disabilities Act Americans with Disabilities Act prohibits any discrimination that is based on a qualified disability. A qualified individual is any person who meets the legitimate...
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...student – Assignment 2: Using Your Manager Skills – Situation 1 student Professor LEG 100 March 9, 2015 MEMORANDOM To: President Shep Howard From: student Date: March 9, 2015 Re: Simply Green Products Dear President Howard, It has come to my attention that an environmental group known as “SafePack Materials Pollute” is clamming that our SafePack materials are not biodegradable. The group is asserting that these materials are causing an environmental hazard that is seeping from a local landfill into a nearby stream. The group has also launched an internet campaign geared toward compelling fruit producers to stop purchasing our packing materials. The situation raises environmental issues that relate directly to the Clean Water Act and the Solid Waste Disposal Act. The overall goal of the Clean Water Act is to eliminate the discharge of pollutants in the navigable waters of the United States (Bagley, p.487). To be in violation of the Clean Water Act, the SafePack Materials Pollute group must have several elements present to prove a valid claim towards our company. First, the group must be able to prove that our product is truly the cause of the seepage from the landfill into the nearby stream. Other evidence that may be used as proof may include testimony from witnesses, photographs or video tapes. The group must also be able to prove if our company does or does not have a NPDES permit. According to the United States Environmental Protection Agency, a NPDES permit...
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...Master and Flexible Budgets ACC/543 January 28, 2013 Thomas Benscoter MEMORANDOM Date: January 28, 2012 To. Guillermo Furniture Company From: Ashley Lee, Ebony De La Torre, Janelle Durham, Misha Cross ------------------------------------------------- Re: Master and Flexible Budgets Guillermo Furniture: Master and Flexible Budgets A master budget can be a communication tool in which the company’s employees can perceive how their hard work affects the company’s goals. The budget is an outline of a company's plans that sets detailed goals for an organization regarding sales, production, distribution, and financing. This tool can also reveal if employees are meeting their goals set forth by the company in the budget and make corrections to employees. The following memorandum on Guillermo Furniture Store includes a master budget. The explanation of the relationship between fixed and variable cost used in the budget will occur. The difference between static and flexible budgets and how a flexible budget lends itself to a cost-volume profit analysis will be discussed. Fixed and Variable Costs Fixed costs in a budget remain constant even when volumes fluctuate. Fixed costs...
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...The Sarbanes-Oxley Act of 2002 (Pub. L. No. 107-204, 116 Stat. 745, also known as the Public Company Accounting Reform and Investor Protection Act of 2002 and commonly called SOX or Sarbox; July 30, 2002) is a United States federal law passed in response to a number of major corporate and accounting scandals involving prominent companies in the United States. This examination of the Sarbanes- Oxley Act of 2002, will address the following: 1.Analyze the new or enhanced standards for all U.S. public company boards, management, and public accounting firms that the SOX required. 2.Examine why the new enhanced standards are necessary 3. Evaluate the benefits and cost of the SOX Through research of the Sarbanes-Oxley Act of 2002, the above questions will be addressed. Analyze the new or enhanced standards for all U.S. public company boards, management, and public accounting firms that the SOX required. Sarbanes-Oxley Act was enacted following a number of major corporate and accounting scandals involving prominent U.S. companies. Public trust in accounting and reporting practices was in a spiraling decline, SOX was designed to protect investors by improving the accuracy and reliability of corporate disclosures made in accordance with the securities laws. SOX standards must be followed or strict penalties for noncompliance can result. According...
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...Reporting Paper INTERNAL MEMORANDOM To: CEO From: Papa Rydoo Date: October 25, 2010 Reference: Postretirement Plans Introduction Acquisition of a company leads to many changes in the company and especially in the area of the retirement benefit plans for our company. It is complicated adjusting to benefits plans but with the required reporting, the transition will be smooth. The different types of pension plans we will focus on are; defined contribution, defined benefit, and other postretirement plans. Defined Contribution Plan (DCP) Defined contribution plan is a retirement plan that an employer promises to contribute toward an employee’s retirement funds periodically. Most companies will match whatever an employee contributes towards the fund. However, there would be no promise as to the ultimate benefits that would be paid into the funds because the retirement benefits are determined by the returned earned on the contributions to the funds during the investment period (Schroeder, Clark, & Cathey, 2005, p. 445). DCP is recorded on the financial statements as a pension expense, it is a straightforward transaction and it carries no risk for the employer because all the risks go to the employee. Defined Benefit Plan (DBP) Defined benefit plan is the amount of retirement benefits an employee would receive in the future but the terms are defined by the company. Most companies would have terms that would require employees to have at least 30 years of service, and...
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...Written Report For “JULY AT THE MULTIPLEX” MEMORANDOM TO: Mr. Mull T. Plex and the Consortium FROM: Team 1 DATE: March 6, 2011 RE: Legal, Statistical, and Ethical Analysis of “July at the Multiplex” As per your request, we have arranged a report based on the incident that plaintiff, moviegoer Tommy, has filed a civil complaint about. This incident involved Tommy’s visit to the Royal 16 Theater, your property in the Eastfield Mall, intending to watch a movie, “The Governator.” This analysis examines the possibilities and outcomes of the possibilities in order to determine what the best option is for you. This analysis covers: * Facts of the Case * Legal Analysis * Statistical Analysis * Ethical Analysis * Conclusion If you have any questions or concerns, please contact us at our office by phone at (555) 555-1234 or by email atXXXXXX Table of Contents MEMORANDOM 2 List of Figures and Equations 5 EXECUTIVE SUMMARY 6 INTRODUCTION 7 LEGAL ANALYSIS 8 Misrepresentation 8 Rule 8 A representation of a fact was made 8 The representation was falsified with intent to deceive 8 When made, the representation was known to be false or made recklessly without knowledge of its truth. 9 The representation was made with the intention that the plaintiff should rely upon it. 9 The plaintiff justifiably relied upon the representation 9 The plaintiff suffers economic damages as a result. 10 Things to consider 10 Conclusion. 10 ...
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