Freddy is a director of Ace Finance Ltd. The board of directors for Ace Finance Ltd have unanimously agreed to have a marketing campaign to attract new clients to their financial business. Freddy's nephew – Frank – is a marketing executive who runs his own business. Freddy informs his nephew of the possibility of obtaining the marketing contract with Ace Finance Ltd.   Freddy also discloses to Frank the price range that the company will consider. Freddy attends the board meeting where they consider who will get the marketing contract, but he does not disclose his connection with his nephew. After looking at all the potential candidates, the board of directors have selected Frank's business to do the marketing campaign for Ace Finance Ltd.   Has Freddy breached his statutory obligations under the Corporations Act (Cth) 2001?

SWFT Comprehensive Volume 2019
42nd Edition
ISBN:9780357233306
Author:Maloney
Publisher:Maloney
Chapter23: Exempt Entities
Section: Chapter Questions
Problem 5DQ
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Freddy is a director of Ace Finance Ltd. The board of directors for Ace Finance Ltd have

unanimously agreed to have a marketing campaign to attract new clients to their financial

business. Freddy's nephew – Frank – is a marketing executive who runs his own business. Freddy

informs his nephew of the possibility of obtaining the marketing contract with Ace Finance Ltd.

 

Freddy also discloses to Frank the price range that the company will consider. Freddy attends the

board meeting where they consider who will get the marketing contract, but he does not disclose

his connection with his nephew. After looking at all the potential candidates, the board of directors

have selected Frank's business to do the marketing campaign for Ace Finance Ltd.

 

Has Freddy breached his statutory obligations under the Corporations Act (Cth) 2001?

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