Wednesday, October 30, 2019
Criminology Essay Example | Topics and Well Written Essays - 250 words - 10
Criminology - Essay Example How is it possible, for example, to justify the actions of a criminal, who killed a little child? It is absolutely impossible to let this person exist further, moreover to give him a chance to appear among other members of the society again one day. Such people should be eliminated, they should not exist, because their behavior canââ¬â¢t be corrected anyhow. So, death penalty is very helpful here and should be used. On the other hand modern world is trying to follow democratic principles. Notwithstanding that the majority of European countries and many states of the US cancelled death penalty, in some countries death penalty is still widely used. For example, in China it is applied every day to any kinds of crimes (Evans, 2012). Is it right? No, it is absolutely wrong because it contradicts humanistic and democratic principles. The best way is to use death penalty only sometimes for the most severe crimes. However, cases are rarely considered separately, the law is the same for everybody, and many innocent people are still in risk. Thus, the issue remains
Sunday, October 27, 2019
Case Study: Hearing And Visual Impairments
Case Study: Hearing And Visual Impairments This document discusses the most prevalent sensory impairments: hearing and visual impairments. The impact caused on academic and individual development are addressed as well as the significant role which educators of these special categories of people can play in the education sector in order to make learning possible. Visual impairment This refers to occurrences of partial or complete vision loss. Milder forms of visual impairment are treatable with glasses or even contact lenses while others require surgery or some medication. Severe cases of visual impairments are irreversible. Types and causes of visual impairment Four categories of visual impairment exist. Partially sighted refer to individuals with some level of difficulty in identifying information and as such special assistance in learning and reading is required. Low vision is a more serious visual impairment which does not permeate reading at normal distances. Supportive tools like the popular use of Braille assist people diagnosed of low vision to read. Legally blind is a vision which is less than 20/200 or characterized by limited range of vision. Totally blind refers to a person with no vision at all thus such individuals cannot process any images. They utilize non-visual resources like Braille in order to learn. Several factors cause blindness in individuals. Congenital blindness occurs at birth due to heredity or infection. Cataracts which are cloudy collections of protein in the eye lens cause light not to pass through the lens leading to the condition. Amblyopia is a condition of the eye which results into blindness due to the bra ins discontinued processing of images present in the misaligned eye. The degeneration of macular situated at the retina of the eye especially in older people results into visual impairment or even loss of vision (Webster Roe, 1998). Hearing impairment The disability Act defines hearing impairment as the limited ability to effectively detect process or differentiate sound. Types and causes Conductive hearing loss is exhibited when sounds are unable to go through the inner ear from the outer ear. This is as a result of blockage of the ear canal caused by build-up of earwax or fluid. Sensorineural hearing loss is caused by the percived damage to the hair cells located at the cochlea or auditory nerve. The damage would occur due to aging or perhaps injuries. Mixed hearing loss is present when the above two hearing loss types are present. Impact of visual and hearing impairments on a persons development Sensory Development A child born with hearing and visual impairment is negatively affected especially in regard to sensory development. This is because other senses appear to diminish. For instance, the child gets inconsistent, unverified as well as discrete fragments of information. Although hearing is usually the only sense available to the blind child, control over the available sound present in their environment is not present. Vision is vital in verifying sounds otherwise lack of verification means that the sound is noise emanating from a non-specified location (Webster Roe, 1998). Motor development A person who is sensory impaired possesses significant developmental delays in the ability to implement the functionality of hands. Even at 5months, a blind childs hands are normally held up in a fist at shoulder height. Mutual fingering as well as midline engagement with the hands common with sighted children of this particular age are not exhibited. Ultimately, delays in hand utilization results in delayed development of fine and gross motor skills. Achieving appropriate posture for the blind child takes considerable a longer duration of time. Developmental achievements requiring self initiated mobility like elevating arms in prone or walking alone are significantly delayed. Passive behavior like self-stimulation is exhibited in blind children due to the inability to move around the environment. Cognitive development The ability to coordinate elements in high levels of abstraction is limited. Thus a different construct of world and reality is developed contrary to that given by sighted persons. A blind person has problems in establishing the concept of defining attributes as well as relationships due to the limited guidance available (Webster Roe, 1998). Though the blind child is continually involved in problem solving, the activity is certainly difficult and less rewarding for her/him. The ability to obtain object permanence is achieved on sound clues only. Blind children achieve this almost a year later than the sighted children. Sensory impaired persons have difficulties in forming and maintaining casual relationships due to the inability to retain pleasurable stimuli. Social development Due to inexistent subtle clues and facial expressions, the social interactions of visually and hearing impaired persons are complicated. While a sighted child will signal attachment and recognition to familiar people through a smile, a blind child will smile upon recognition of his mothers voice after about 2 months. Sensory impaired persons have ambivalent emotional involvement with peers. They also appear non-communicative and disinterested on the on-goings thus they are overprotected or rejected by their peers, relatives as well as strangers. Language development is also limited in sensory impaired children (Webster Roe, 1998). Impact of visual impairments on a persons academic achievement Vision loss impacts negatively a persons academic achievement since special adaptations are required to steer the student to success. Vision is important in understanding the underlying concepts being taught in a classroom situation thus most visually impaired students often complete schooling without good mastery of skills and knowledge which is vital in enabling them further their education or gain employment (Sacks, 2001). Visually impaired students are taught using critical skills like Braille and travel skills like canes. Shortage of mobility specialists as well as qualified visually impaired teachers restricts dissemination of education. Visually impaired persons require the use of large print formats as well as audiotapes to learn. Making presentations from these materials slows down the learning process considerably. Impact of hearing impairments on a persons academic achievement Hearing impairments affect learning and teaching of the hearing impaired students thereby causing substantial difficulties in academic achievement. The deaf learners experience massive linguistic problems owing to the inability to develop spoken language and understandable utterances (Sacks, 2001). Many difficulties are exhibited in written work whereby glaring mistakes are seen in written work. For example wrong sentence structures, omissions of words as well as wrong tense and verb usage is prevalent. Due to the complexity of lip reading, most deaf learners find it difficult to undertake this task. Attributable to lack of hearing as well as auditory memory, hearing impaired learners are unable to adequately rehearse what they are able to write thus learning requires lengthy period. The syntax as well as the grammar of BSL is different from that of spoken English thus confusion arises in the course of disseminating the information. Deaf students take considerable long time to be abl e to read. The developed vocabulary is minimal thus understanding the message being communicated becomes difficult. Unfamiliar words cannot be lip read thus continued advancement of vocabulary becomes difficult. Deaf learners thus require to research on technical jargon as well as the perceived simple and commonplace language in order to effectively communicate. Thus a lot of time is spent in doing simple assignments as compared to the hearing students. Unlike the case of hearing learners who gather information from reading newspapers, discussions with peers or listening and watching television, the deaf students have to rely of their instructors to learn. Thus their written work largely lacks in-depth analysis and is marked by uninformed opinions (Sacks, 2001). Group work and discussions prove problematic to hearing impaired students due to their inability to contribute equally as the other students. What Educators can do In order for the hearing and visually impaired students to adequately fit in the learning situation, teachers and trainers need carefully structure the learning modalities, learning environment as well as putting in place necessary resources (Chen Downing, 2006). Classroom activities need be accessible to the hearing impaired students through incorporating tutorial groups as well as incorporating computer based learning. For the hearing impaired, course notes need be provided in advance so as to acquaint the learners beforehand what is expected of them. Through the use of visual aids like PowerPoint presentations will largely help in proper understanding of the spoken language. For the visually impaired, educators must ensure that all the visual materials given to the students are accompanied by verbal descriptions. Narrations need be emphasized at all learning stages in order to enhance understanding. Learners with some functional vision should be given handouts printed out in large print so as not to have learners strain as they read. Audiotapes as well as Braille formats of the class presentations and lessons should be given to students (Chen Downing, 2006). Conclusion Owing to the several challenges confronting sensory impaired persons, several adjustments need be put in place to ensure such learners adapt adequately to the learning environment. Hearing and visual impairments are quite prevalent and cause severe consequences during the development of language, speech as well as cognitive skills. Through proper education, effects associated with hearing and visual impairments are identified thereby advancing early detection and management strategies.
Friday, October 25, 2019
Competitive Analysis of Metro Holdings Ltd Essay -- Business Analysis
1. Introduction Metro Holdings Ltd is a multi-national company that operates two major business segments, namely Property Development and Investment, and Retail. This report explores the retail arm of Metro, which manages three department stores and four specialty ââ¬Å"accessorizeâ⬠stores in Singapore, and another five department stores in Jakarta and Bandung, Indonesia. 2. Competitive Environment of Metro Ltd The competitive environment of Metro Holdings Ltd would be evaluated based on Michael Porterââ¬â¢s 5 forces Model. The factors affecting each force would be critically analysed to determine the competition faced by the business. As the nature of department stores and specialty ââ¬Å"accessorizeâ⬠stores is vastly different, the report would focus on the analysis of department stores which accounts for a bigger portion of the companyââ¬â¢s income and presence in the industry. 2.1 Threat of New Entrants The threat of new entrants is relatively low in the department stores industry. Department stores do not manufacture products nor create their own brands of merchandise, their products are not differentiated. As a result, consumers have low switching costs, customer loyalty is low, as they can easily purchase similar products elsewhere. These lower the barriers to entry, allowing new entrants a chance to gain customers. On the other hand, most factors prove otherwise. The retail industry does not have high Economies of Scale to be exploited in general . Yet, it is impossible to run department stores like Metro on a small scale . A large retail space, inventory, and warehouse are necessary to host a specialized portfolio of brands and products to better attract both customers and suppliers. Heavy capital requirements and operational expen... ...Michael Porterââ¬â¢s Five-Force Model. â⬠¢ Able to make valid and clear conclusions about the competition faced by the business, based on the analysis. â⬠¢ Demonstrate a clear understanding of the business and the actual environment it operates in. Works Cited https://www.metro.com.sg/storefront/ContentDetail/AboutUs3.asp?ContentId=458 http://digilander.libero.it/fschivardi/images/schivardiviviano.pdf Charles A. Ingene, Scale Economies in American Retailing: A Cross-Industry Comparison Engle, J., How to Open & Operate a Financially Successful Retail Business http://secure-online-purchasing.suite101.com/article.cfm/the_growth_of_internet_shopping http://www.streetdirectory.com/travel_guide/singapore/expat_guide/910/singapore_aims_to_achieve_65mil_populati on.php Eng, P., Accounting for Indonesiaââ¬â¢s economic growth:Recent past and near future
Thursday, October 24, 2019
ââ¬ÅHer Kindââ¬Â by Anne Sexton Analysis Essay
After reading the poem ââ¬Å"Her Kindâ⬠by Anne Sexton a lot of thought and emotion arises. It leaves a lot to be questioned and can be interpreted in many different ways depending on the reader. I perceive it as the author symbolically describing her experience with manic episodes that she endured, but she describes it all in the second person perspective. She writes of a ââ¬Å"witchâ⬠who is dark spirited, ââ¬Å"twelve fingeredâ⬠, mentally abnormal, and isolated from her community. I translate her description of the ââ¬Å"witchâ⬠as a oman simply experiencing her darkest hour. She is angry, hurt, conflicted, depressed and prefers to shy away from others. She feels unaccepted, misunderstood, and monstrous. She is experiencing enraged behavior due to the lack of comfort within herself; A crazy woman consumed by her own thoughts. The Author describes the ââ¬Å"witchâ⬠finding ââ¬Å"Shelter in the woodsâ⬠. Iââ¬â¢m unsure if sheââ¬â¢s referring to an actual physical place, but I believe it is symbolic for a state of mind she goes into. The ââ¬Å"woodsâ⬠is her mental safe house so to speak. Fixed the suppers for the worms and elvesâ⬠I interpreted as her calming her own thoughts of mischievous interference (as per elves), and when she speaks of worms sheââ¬â¢s referring to the slow consumption of her mental health which she is trying to fight. ââ¬Å"Whining, rearranging and disaligned â⬠is referencing the ââ¬Å"witchesâ⬠thought pattern and process. She has constant unorganized, racing and droneful cognition. I translate the conclusion of the poem as the description of the Authorââ¬â¢s, Anne Sextons, reluctant, yet necessary hospitalization. Symbolically, she is being transported to the hospital and as she ââ¬Å"wavedâ⬠her ââ¬Å"nude arms at the villages going byââ¬â¢ theoretically it is her putting up a fight during her transport. ââ¬Å"Learning her last bright routes, survivorâ⬠I decipher as the advisement of the treatment options available to her at the hospital. ââ¬Å"Where your flames still bite my thighâ⬠and ââ¬Å"my ribs crack as your wheels windâ⬠I depict as her receiving a shot to induce sedation and her fighting while being restrained and that the closer she gets to the hospital the ore she feels a sense of regret and shame. She is embarrassed that her mental deficiency has come to this point and she wasnââ¬â¢t strong enough to gain control of herself. ââ¬Å"A woman like that is not ashamed to dieâ⬠to me says she is so distressed, meek, humiliated, and fatigued by her mental instability, that death to her would not be a negative occurrence, if anything, she welcomes it and sees it as a way out. ââ¬Å"Her Kindâ⬠is a very strong poem and is a very insightful look into a womanââ¬â¢s head ho is unbalanced and a bit unhinged. I feel sympathetic for Anne Sexton, who I have affirmatively believe the poem is regarding. It appears that she struggled with her illness and had to go through a lot to try to get some sort of mental stability. It seems aggravating, painful, and burdensome to have uncontrollable thoughts of anger, sorrow, rage, and shame. The poem suggests that Anne Sexton fought an intricate battle which sadly came to an end by her own hand. ââ¬Å"Her Kindâ⬠by Anne Sexton Analysis By katal
Wednesday, October 23, 2019
Notes- Shareholder Remedies
Pages 552-565: Compulsory Liquidation Remedies 1. Introduction * Deficiency of current law: (1) despite introduction of statutory derivative action, formulation is unclear and scope is uncertain (2) focus on single act/transaction rather than whole picture/pattern/period (3) remedies are directed to particular transaction and confined to restraint of conduct, Recovery of property or ordering of financial compensation * Statutory remedies fall into 2 categories a.Compulsory liquidation remedies courts can order winding up of company if: ââ¬â court is of opinion that it is just and equitable that company be wound up s461(k) ââ¬â directors acted in affairs of company in own interest, not interest of members a whole, or any other manner that appears to be unfair/unjust to other members s461(e) ââ¬â affairs of company are being conducted in manner that is oppressive or unfairly prejudicial to or unfairly discriminatory against a member or in manner that is contrary to interest s of members as a whole s461(f) ââ¬â act/omission or proposed act/omission by or on behalf of company or a resolution or proposed resolution of a class or members of the company was or would be oppressed or unfairly prejudicial to, unfairly discriminated against a member(s) or was or would be contrary to interest of members as a whole s461(g) b. emedies for oppression or injustice: Pt2F. 1 wider range of remedies to oppressed/injustice refer to wk 11 last page 2. The just and equitable ground a. History and broad scope of the remedy * just and equitable that company be wound up s461(k) traced back to English Act of 1848 * History p 553-555 b. Re Tivoli Freehold Ltd [1972] VICSCââ¬âapplying just and equitable rules to wind up co: (i) just and equitable give court a wide discretion which must be exercised judicially (Baird vHenry Lees 1924) question of fact: all circumstances to be considered (ii) facts rendering it just and equitable to be wound up: more than one category may be applied in relief ââ¬â determine best fit iii) regard to changing circumstances and developments in relation to company practices including relevant changes in law (iv) just and equitable to be wound up if it engages in acts which are entirely outside what can be fairly regarded as having been within the general intention and common understanding of member when they become members (v) wound up due to failure (Galbraith v Meito Shipping CO 1947): failure not evidence by discontinuance of business activities- even if for a lengthy time. TEST of failure: ââ¬Ëbusiness w/in objects of incorporation should have become at least in the practical sense ââ¬Ëimpossibleââ¬â¢ (vi) prime source for ascertaining intention and common understanding of members i the companyââ¬â¢s memorandum of association which among other things states its object HELD: equitable and just to be wound up. c.Ebrahimi v Westbourne Galleries Ltd [1973] * FACTS: Def via general meeting voted to remove pl from office as director. Pl petitioned to wind up co on just and equitable grounds. * LAW: Where acts show a dissolution of partnership between them, a winding up may be ordered, use of ââ¬Ëjust and equitableââ¬â¢ in partnership act supports this * Rights of members governed by articles of association and have contractual force- court can dispense parties from obligation where they have been excluded from management * Exception: prove that exclusion was not made bona fide in the interest of the company * Elements for just and equitable wind up i. ssociation formed or continued on basis of personal r/ship involving mutual confidence (usually found where pre-existing partnership in turned into a limited company ii. an agreement, or understanding, that all or some of the shareholders shall participate in the conduct of the business iii. Restrictions upon the transfer of membersââ¬â¢ interest in the company so that if confidence is lost one member is removed from management, he cannot take out his stake and go elsewhere HELD: wind up: exclusion of pl was not for best interest of company as whole Application of quasi-partnership analogy in AUSTRALIA * 3 groups of decisions indicate scope of the clause for subjection legal rights to ââ¬Ëequitable considerationsââ¬â¢ arising from understanding b/wn corporators 1. A.Re Caratti Holdings Ltd: constitution gave its governing director power to acquire shares of other members at nominal value which they were originally issued power against a particular shareholder, although formally valid is sufficient grounds to apply order for wind up under the clause B. Kokotovich Constructions pty ltd v Wallington: winding up order made at the suit of a minority shareholder whose small shareholding was granted on formation of company, under sole proprietor, in recognition of ââ¬Ëmoral partnershipââ¬â¢ founded upon a pre-existing intimate business relationship- winding up justified by continuing animosity between parties and risk of further oppression and limited nature of the companyââ¬â¢s activities 2.City Meat CO pty Ltd: all company members where members of a single family whoââ¬â¢d acquired shares via inheritance court held that majority shareholder ââ¬Ëconsistently ignored the rights, expectations and obligationsââ¬â¢ of petitionersââ¬â¢ branch of family- wind up 3. Re Dalkeith Investments Ltd: shares in co divided equally b/wn former spouses and their daughter company was a ââ¬Ëpartnership in corporate formââ¬â¢= wind up 3. Directors acting in their own interest * s461(e) permits making of winding up order where directors have acted in affairs of company in their own interest rather than interest of company as a whole, or in a way that was unfair or unjust to other members * OBJ TEST: whether directors have acted in own interest etc or otherwise unfairly/unjustly * 461(e) compliments 461(f) and (g) a. Re Cumberlands Holding Ltd 1976 1. directorsââ¬â¢ not limit to whole board act unanimously, ONLY met where shown that the effective majority has acted in its own interest or in the interest of one or more of those board members or even where on directors by some means caused his will to be carried into effect by board with result of personal interest being preferred 2. ââ¬Ëdirectorsââ¬â¢ same application in (e) 3. ââ¬Ëaffairs of the companyââ¬â¢ wide interpretation, not limited to business/trade but encompass capital structure, dividend policy, voting rights, consideration of takeover offers 4. ââ¬Ëown interestââ¬â¢ acted in interest of another company of which they are also directors/shareholders 5. ââ¬Ëinterest of members as a holeââ¬â¢: debate over interests of majority and minority directors preferred interest over that of significant section of members not apply preferred interest over one or more or perhaps some significant section of the members applies 6. appearsââ¬â¢ doesnââ¬â¢t carry much weight 7. â â¬Ëunjust or unfairââ¬â¢ discussed elsewhere b. Re Weedmans Ltd [1974] * The directors, other than the independents, failed to observe the requisite standard of commercial morality * Effect of failure: reacted unfairly and unjustly against other members * They could have had the allotment set aside, but didnââ¬â¢t ask for that feature so in absence of a case for relief under Pt2F. 1 there is no other remedy before the justice other than to wind up. Pages 122-130: Insolvency * Winding up * Voluntary administration * Receivership * Creditorââ¬â¢s scheme or arrangement (loan default) 1. Voluntary administration * Pt5. A: provides an inexpensive procedure capable of being implemented swiftly and flexibly and offering alternative options for creditors for dealing with financially trouble company * Outcomes available: a. co will resume operation w/ deferred/reduced debt burden under deed of company arrangement approved by creditors b. secured creditor will exercise right to app oint receiver to obtain repayment of its debts by disposal of company assets and who will effectively displace the administrator while doing so c. Creditors will vote to put company into liquidation * Voluntary administration is usually initiated by company itself where directors resolve that: a. In their opinion the company is insolvent or likely to become insolvent at some future time AND b. nd administrator of the company should be appointed s435A * While under administration, administrator has control of companyââ¬â¢s property and business s437A * Powers of other corporate officer (i. e. directors) are suspended and may not be exercised except by written approval of administrator s437C(1) * Company officers are not removed from their offices by appointment of administrator s437C(2) * Administrator must be a registered liquidator who is independent of that company ss448B 448C * C company is solvent ONLY IF able to pay all its debts as and when they become due and payable s95A( 1) * Otherwise it is insolvent s95A(2)- test . :. ook at cash flow not balance b/wn assets and liabilities * If director of company in financial difficulties allows it to continue to trade and incur debts while insolvent, they may be personally liable for losses sustained by creditors ss588G s588FA * Voluntary administration offers directors safe harbour from future insolvent trading liability but with loss of control of company affairs, property and operations to administrator s437A-D * Administrator may be appointed by company s436B or by secured creditor who is entitled to enforce a charge over whole or substantially the whole of the companyââ¬â¢s property s436C * Administrator to notify secured creditor of their appointment as soon as practical the next business day s2405A(3) * w/in 13 business days of administrators appointment, a substantial charge may enforce its charge, usually by appointment of receiver or other agent s441A * if substantial charge opts to enforce charge by virtue of higher power than administrator may supplant the administration s442D(1) * IF the substantial charge must enforce charge in relation to all property of company subject of it and does not have the option of appointing receiver to some small part only of the companyââ¬â¢s property, if they wish to over override power of administrator s441A(1)(b) ââ¬Ëall or nothingââ¬â¢ (Harmer report) * If no substantial chargee or opt not to enfore charge, there is a general moratorium upon action/proceedings against company and its property by creditors and owners or lessors of property used by company ss440A-D and F * Moratorium provides a period for investigation and collective assessment of option w/out scramble for individual recover.. expectation for proceedings to commence before the administrationââ¬â¢s commencement or in espect of perishable property ss441F-Gs * During admin there us a stay of enforcement of guarantees given by directors or their relative of a libali ty of their company without the leave of the court s440J * As soon as practice adminââ¬â¢or must investigate the companyââ¬â¢s business, property and financial circumstances s438A * w/in 5 business days appoint committee of creditors to consult with s436E&F * at this first meeting, creditors may also replace the administrator with person of own choosing s436E(4) * w/in 21 days of appointment, adminââ¬â¢or must convene meeting to decide future of company s439A (28days for Christmas and Easter periods) * with the notice ofthe meeting, adminââ¬â¢ore muyst report to the creditors about companyââ¬â¢s business, property and financial circumstances s439(4)(a) * at the meeting creditors may resolve: company execute deed of company arrangement specified in resolution, administration should end and company return to control of its directors company be wound up s439C * adminââ¬â¢or report must include statement of opinion and if deed of company arrangement is propose must inc lude report * resolution is passed at meeting of creditors it is decided on the voice unless demand a poll reg5. 6. 9 * deed of company arrangement might treat groups of creditors differently from order of application of assets under winding up, likely to prompt an application for its termination by court s445D * deed of company arrangement must preserve the priority available to employee creditors in a winding up unless employees agree to waive their priority ââ¬â court may approve alteration of priorities if deed ensures same/better outcome for employee creditors result than from a wind up 444DA * if creditor accept deed then adminââ¬â¢or draws up deed for execution by co and deed adminââ¬â¢or within 21 days of resolution s444A-444B * voluntary admin end once company become subject to deed of company arrangements s435C(1)(b), (2)(a) * creditors right to indemnity and unaffected where debt is released by acceptance of terms of deed of co arrangement s444H * deed binds all unsecured and secured creditor, owners, lessors of prop used by co who voted for deed, the company, its officers, shareholders s444D, G * court may order that secured creditors etc who voted against the deed are nonetheless bound by it wgere enforcement of their rights would have material adverse effect on achievement of deedââ¬â¢s purpose and their interest will be adequately protected s444D(2), (3) 444F * court may declare deed void or validate it despite contravention Pt5. 3A, s445G * Pt 6D. 2 obliged disclosure obligations do not apply to equity for debt swap * Adminââ¬â¢orââ¬â¢s statement must indicate statement is not a prospectus . :. contain less info than prospectus s708(17A) * Court may alter times, the way in which deed operated in relation to a particular co s447A(1) where provisions are being abused the company is solvent s447A(2) * Order wind up power to supervise co under administrator or under deed of co administration s447E Receivership * Securities given by companies to lenders commonly grant the lender right when a defined act of default occurs to appoint a person to take possession and control either of a particular asset or group or assets or whole property. * Court may appoint receiver to protect particular property or funds of the company under s1323(1)(h) * ââ¬Ëcontrollerââ¬â¢ refers to a receiver, receiver and manager, mortagagee in possession or its agent s9 * Where receiver is appointed by court, directorsââ¬â¢ powers over property are suspended and revive only upon termination of receivership Winding up a. Appointing of liquidator and its consequence winding up process leads to liquidation of co and termination of registration and existence ââ¬â made by court order or voluntary s491(1) by members ââ¬â voluntary wind up= unavailable where insolvent ââ¬â requirement of resolution at separate meetings of members and creditors s491 497; creditors will appoint the liquidator and control the liquidatorââ¬â ¢s conduct ââ¬â if 2nd meeting under voluntary admin and resolve to wind up.. moves to creditors voluntary winding up procedure s446A * Etc p 128 b. Order of application of company assets p128 ââ¬â after the liquidator has realised the assets of the company, the funds are applied to discharing the claims of creditors ââ¬â rule: ââ¬Ëall debt and claims in winding up rank equally and if the property of the company is nsufficient to meet them in full, the must be paid proportionally s555 * Priority of debt and repayments where property available for repayment of creditors is insufficient for certain unsecured loans s561 * Unsecured claims are given priority in that they must be paid sequentially s556, 558 (i. e. liquidation expenses, wages, superannuation etc. * W/in each debt of each class ââ¬Ëall debts are equalââ¬â¢ rule applies s559 c. Recovering property and compensation for benefit of creditors p129 * Pt 5. 7B structure for recovery of property or compensati on for benefit of credit of an insolvent company ââ¬â complemented by Pt5. 8A in relation to agreements/transaction to avoid payment of employee entitlement * Pt5. B s588FE : avoidable transactions where entered into w/in specific time of winding up * S88FF: if voidable transaction ââ¬â liquidator must seek court order concerning those transactions and orders releasing the company from debt and orders varying the terms of agreement or declaring them void/unenforceable * p129 d. Schemes of arrangement: used by company facing the prospect of insolvency to restructure its debts, typically through compromise of creditorsââ¬â¢ claim// initiated by court order that meeting of creditors be convened for approval of explanatory statement to be sent with notice of meeting s411, 412 * Compromise must be approved by court after application to it s411(4)
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