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Q1: There is the possibility of conflicts between stockholders and management in a large corporation. We called these conflicts agency problems and discussed how they might be controlled and reduced.
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- Please solve all questions. You are the manager responsible for the audit of Kicap Manis Berhad, a listed company, for the year ended 31 December 2019. The main business activity of Kicap Manis Berhad is the manufacture of farm machinery. The audit work has been completed, and you are reviewing the working papers in order to draft a report to those charged with governance. During the audit of property, plant and equipment (PPE), the audit team found no material misstatement but the following issues have come to your attention. It was discovered that authorization had not been gained for the purchase of office equipment with a cost of RM315,000. The officer in charge of the purchase claimed that the management has conveyed their agreement with the purchase in the management team monthly meeting, but the audit team has not been furnished with such minutes of meeting even after numerous requests. The client is using an internally developed PPE system, PropertyCare, to maintain the records…DQ2: Chapters 5 and 11: Unfortunately, you and Max make better friends than business partners. While Smaxy Maxy’s is roughly breaking even, there is constant conflict between the two of you. You and Max had established a partnership, and both of you recognize that the partnership must be dissolved, leaving a sole proprietor. There is no simple solution because both of you have fallen in love with Smaxy Maxy’s. You wisely consult a lawyer. She suggests a lawsuit to force the partnership dissolution. You wonder if there might be alternatives to litigation. What might those be with this fact scenario? Explain. DQ3: Chapter 14.3: You own Sam’s Sea Food and are in fierce competition with Frank’s Fish House, the businesses just a few blocks apart. Both sell a variety of fresh seafood. Frank decides on a new promotion. He advertises heavily, “one pound of fresh, wild Alaska, salmon, $8.99, first come, and first served.” However, Frank has only two of these items in the store. Is this…12 You are the vice president for software development at a small, private firm. Sales of your firm's products have been strong, but you recently detected a patent infringement by one of your larger competitors. Your in-house legal staff has identified three options: (1) ignore the infringement out of fear that your larger competitor will file numerous countersuits; (2) threaten to file suit, but try to negotiate an out-of-court settlement for an amount of money that you feel your larger competitor would readily pay; or (3) point out the infringement and negotiate aggressively for a cross-licensing agreement with the competitor, which has numerous patents you had considered licensing. What are the pros and cons of each option? Which option would you pursue and why?
- a. What business was LaVista Lottery in? b. What is keno? c. Was this a profitable business? d. So what was the problem? e. Did Bellino discuss his concerns with Anderson? f. What did he do? g. Is there anything wrong with that? h. What is the point of this doctrine? i. But both Bellino and Anderson had a chance to bid on the keno contract. Didn’t they both have the same opportunity? Richard Bellino and Robert Anderson formed LaVista Lottery, Inc. (Lottery) to operate a restaurant, lounge, and keno game in LaVista, Nevada. They each owned 50 percent of the stock of Lottery, and both were officers and directors. Over the next nine years, the Lottery company grossed more than $100 million. Bellino and Anderson each received over $4 million in salary and dividends. Bellino spent more time than Anderson working for the company, in part, because of his personal relationship with Lottery’s lounge manager. Frustrated by Anderson’s unequal contribution, Bellino encouraged the…Todd and Mary own a local store. They would like to establish a business plan to ensure it will continue to operate in the event an owner becomes disabled or dies. They do not want to change the structure of their business nor do they want to relinquish any control of the company. Which one of the following statements satisfies Todd and Mary's goals? A)A buy-sell agreement would allow them to continue operating the company without additional participants, while a recapitalization could decrease their ownership interests. B)A buy-sell agreement should be used because it assures the owners of a market for their business, while a recapitalization does not. C)A buy-sell agreement should be used because it allows the owners to set a desired purchase price in a private agreement that cannot be scrutinized by the IRS. D)A buy-sell agreement would enable the owner to create a market for the business; however, gift tax may be incurred when interests are gifted.1.2) Judy is a shareholder in Pat-X Ltd. She believes that she can use the share certificate to make a payment. She wants to exchange the certificate for a pair of shoes. The last time she checked the shares were valued at a R1000 and she figures she could put them to good use. Can she do so? Discuss with reference to the nature of a share certificate.
- Situation 2 A company- Company ABC has decided to use an opaque management and holding structure to run its risky business of operating chemical production plants. The employees of the Company ABC are unaware of the true identity of the shareholders and board members of the Company ABC. These employees are also under tremendous pressure to perform and in the recent pandemic were forced to attend office mandatorily so that ethanol which is used in the manufacture of hand sanitisers is continuously produced. Unfortunately, a few days ago there was a major accident in one of the plants of Company ABC which was operating at more than full capacity due to instructions from the board of Company ABC. This was followed a few days later by an outbreak of Covid-19 in one of the manufacturing plants. Question 4: Discuss the management style and holding structure of Company ABC from a corporate governance perspective. Identify the improvements which could be made and how the Company ABC would…At a recent board meeting of Co., a non-executive director suggested that the company’s remuneration committee should consider scrapping the company’s share option scheme, since the executives could be rewarded by the scheme even when they do not perform well. A second non-executive director had a view that, even when the executives act in ways which decrease the agency problem, they might not be rewarded by the share option scheme if the stock markets were in decline. REQUIRED: Explain the nature of the agency problem and discuss the use of share option schemes and performance-related pay as methods of reducing the agency problem in a stock-market listed company.Please explain the following terms: 1.Agency costs 2.Agency problems 3.Agency asymmetry problems 4.Decision rights 5.Influence costs
- A Delaware LLC wanted to acquire a 300,000 square foot class “A” office building in Philadelphia for $150 per square foot that was 77% leased. Wells Fargo agreed to fund a purchase money mortgage loan with a maximum LTV of 60%. What is the minimum amount of equity that would be needed to close the acquisition? a. $45,000,000 b. $9,000,000 c. $18,000,000 d. $27,000,000No need generalized the answer ok.. LAW 201 PROBLEM: Cynthia bought a big trampoline on Lazada and placed it on her backyard. Robin has a son named Bato, an 8-year old boy. Bato, together with his playmates, Manny, Bongbong, and Jinggoy, decided to walk in the backyard of Cynthia to play on the trampoline. The children were so happy. However, when Bato was joyously jumping inside the trampoline, he jumped so hard that caused him to be thrown outside the trampoline. Bato incurred broken legs and bruises. The children trespassed on Cynthia's property. Cynthia never permitted nor invited the children to play. Question: Who is liable for the injuries and damages incurred by Bato? State your legal basis first, then apply it to your answer. Make your answer CONCISE and DIRECT to the point!! Again, research for LEGAL BASIS. Cite any provision or doctrine of the law that you can use.Choose either True (T) or False (F) for each of the following questions – put your answers in the answer space below: i) If a company has retained the replaceable rules, its directors will have authority as to the issue of dividend. ii) If a shareholder wants to bring an action under s 236 of the Corporations Act 2001 (Cth) regarding a transaction the company is involved in, the issue of whether the directors have a material personal interest in that transaction is not relevant. iii) Among the officers of a company, only the directors of a company owe the duty to prevent insolvent trading as per the provisions of the Corporations Act 2001 (Cth). iv) In the ASIC v Adler (2002) 41 ACSR 72 case, Mr Rodney Adler was not the director of HIHC, the HIH subsidiary that advanced the $10 million to Pacific Eagle Equity Pty Ltd (PEE). v) A company will be directly liable for all crimes committed by its employees. vi) Once a company is deregistered under the Corporations Act 2001 (Cth.), it…