Safe Harbor Business Analysis

3) The interest resulting from the debt also will cost to the company even it is taxable. The interest is fixed base on the level of the debt even the company does not generate profit. This would need to be careful when take on the debt comparing to use its own capital. And the creditor may come to intervene on the business when the company has difficulty to service its debt.

In the above case, Alexa Ltd is insolvent. According to section 95A, “A company is if that company could not payback its debts as and when the become due.” Section 588G can be applied if the person is a director at the time company incurs a debt, company becomes insolvent as a result of the debt and there are reasonable grounds for suspecting that company is or would become insolvent. A director is liable if at the time the debt occur, he was aware of the presence of reasonable ground to suspect insolvency or a person in a similar position in similar firm would have been so

The thesis deals with the above concepts and discusses how the Companies Act 71 of 2008 (the Act) modified the law, particularly, by extending the legal capacity of a company and extinguishing or modifying the above rules which had previously restricted a company's ability

Tennessee passed a new law that any pregnant women who has been found using narcotics during pregnancy or if the baby is born being addicted to the drug will be arrested. Tennessee is the first state to allow this type of criminal law to go into place. Tennessee law allowed police to arrest women who used drugs when they were pregnant, but this approach never worked (Perez, 2014). Tennesee has a staggering infant mortality rate which ranks among 3rd in the nation (Sakuma, 2013). In 2013, Tennesee lawmakers actually sought to encourage mothers to get treatment under the Safe Harbor Act. The act let mothers get the help they need for the addiction, but they were promised they would not lose custody of their baby so long as they were seeking treatment (Sakuma, 2014). The new law permits moms to avoid prosecution if they can successfully complete their drug rehabilitation program (Sakuma,

To ensure that the company thrives and overcomes the crisis that may come on the way, the company has various strategies and ways to overcome that and to keep the company on the track which includes constitution and board of directors which has various roles and responsibilities. The company has got a constitution and also corporations’ act. The companies’ values are the trust, integrity and honesty. The board carries out the duties in regard to the interest of the companies’

This research report documents the findings of an empirical study of judicial findings (of superior courts) relating to the duty to prevent insolvent trading. The duty to prevent insolvent trading is the most controversial of the duties imposed upon company directors.

Safe Harbor is a measure used in the United States to protect patient confidentiality and re-identification when disclosing secondary health information data and requires the removal of 18 variables from a dataset, including names, geographic subdivision, telephone number, address, occupation, medicare and photographic images (El Emam, 2013). By removing a large amount of patient identifiable information, health services are promoting patient confidentiality and preventing the re-identification through data links, from a privacy perspective this is compliant for the safe harbor’s intended purpose however, from a research perspective this limits the utility of patient information particularly in comparative and disparity studies (Warner, 2013). Additionally, the use of the safe harbor method would be insufficient when considering genetic health information as genetic information is able to identify specific individuals, as well as the if the method was used for longitudinal research studies, the continuous removal of identifiable data would not be sufficient to prevent the

To the extent of prevention of corporate failure, I argue that three ASX principles and recommendations could halt the demise of Dick Smith. Firstly, the 2nd principle which is “Structure the board to add value” by structuring the board with a majority of independent directors would prevent CEO dominance because some suggest that independent outside directors can reduce the influence of dominant individuals (ASX, 2014, p. 17). In accordance with Gallagher and Bennie (2015, p. 20), the independent directors are likely to focus on the company’s objectives and not to make decision relying on others. Furthermore, an addressing of independent directors would reduce the reliance on management, and create the effectiveness on monitoring (Dechow et al. 1996 cited in Christensen, Kent, and Stewart (2010)), as well as capability to lessen the conflict of interest between managers and shareholders (Hardjo & Alireza, 2012, p. 4). Thus, DSE’s board would be more active to monitor the CEO’s performances because independent directors pay attentions to the interest of company (Gallagher & Bennie, 2015, p. 20) and shareholders (Hardjo & Alireza, 2012, p. 4)

At the point when private company proprietor Anthony Welichko saw people in general turning agains the police benefit as of late, he chose to take things into his own hands with this activity.

The Safe Harbor law is there for many human trafficking victims, it not only provides assistance for human trafficking victims, to heal from the trauma of this crime, but this law also allows juvenile judges to hold hearings to determine whether a minor is a human trafficking victim and a procedure to temporality set aside the complaint for a crime such as prostitution or other related offenses. The safe harbor law is to try to ensure the safety and wellbeing of minor human trafficking victims. I would like to look into what procedures are set in place for minor’s vs adults, men vs female, because not only are children taken but adults are also, or they just are “stuck” in the world of human trafficking. Not only are women targeted, but so are men. How can we prevent such crimes from happening and how we can protect ourselves from falling victims? Even though no matter how much we do someone will always find a way to continue this crime of human trafficking, but the more we are aware of such things the more we can prevent and protect the victims. Ohio has a safe harbor law, but it does have many weaknesses, strengths, and has room for improvement. Education and training for all police personnel is crucial to help identify and protect the victims of trafficking, these victims can include adults, children, men and women. In the books, Hidden Girl and Renting Lacy, both these stories have personal experiences of what Shyima and Star went through, while the system failed Star,

The first section of this essay focuses on the possible causes of corporate failures including dominant CEO, poor strategy decision and the failure of internal control. Secondly, it discusses how the third edition of corporate governance principles and recommendations could be applied to prevent the causes of the failure. The 1st, 2nd, and 7th principles along with specific recommendations will be mentioned in this section. However, the context is concerned solely with the causes stemming from Dick Smith itself.

The breakdown of Dick Smith Electronics has aroused wide concerns in Australia since it brought losses to the related parties at different levels. This essay focuses on analyzing how the company could have possibly avoided the failure if it had applied the third edition of ASX Corporate Governance Principles more effectively.

When a company is incorporated it is treated as a separate legal entity distinct from its promoters, directors, members, and employees, which confers the benefit of not being responsible for the companies debt on the members on the company. However even though a company is a separate legal entity and it attains the advantage of not laying the responsibility of company’s debt on the

There is no clear framework of the rules that would cover the contingencies of a ruling to pierce the corporate veil Idoport Pty Ltd v National Australia Bank Ltd. The corporate Veil usually protects owners and shareholders from being held liable for corporate duties. Yet again a decision made by the court to lift that veil and would place the liability on shareholders, owners, administrators, executives and officers of the company without ownership interest. The purpose of this essay is to conduct an analysis on the concept of lifting the corporate veil and to review the different views on its fairness and equitability to present a better understanding of the notion, the methods used was throughout researching the numerous scholars views on the subject, case law and statutes examples, and the evidence provided by the empirical study of Ramsay & Noakes. When we discuss the lifting the corporate veil the first case that pops out is the case of Salomon V A. Salomon & Co Ltd, since the decisions of applying the corporate veil were first formed as a consequence of this case. The idea covers all of company law and distinguishes that a company is a separate legal entity from its members and directors. Furthermore, spencer (2012); have indicated that one of the core principles that followed the decision in Salomon v Salomon was the wide acceptance one man company’s. However In order to form a

Shareholders ' liability for losses is proscribed to their share of possession of the corporate. This doesn 't apply once company administrators have given personal guarantees for company debts, wherever an organization has been mercantilism whereas insolvent or is taken into account to be trading recklessly.