We know that Tommy has asked Barbie to represent him in a business dealing. We do not know the nature of the business dealing. And we do not know if Barbie is required to put Tommy's interests ahead of her own. Analyzing what you DO know about the situation, what is the most accurate term for the role Barbie is playing with respect to Tommy? fiduciary principal agent client
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- Bill was appointed by Melinda to buy a painting at not more than $1 million. Bill eventually bought the painting for $1.2 million. Melinda wished to ratify Bill's act. Which of the following statements is CORRECT? Melinda could ratify if she did so soon after Bill's unauthorised act. Melinda could not ratify because Bill disobeyed her instructions. Bill had actual authority since he was appointed by Melinda to buy the painting. Melinda could still sue Bill for the price difference after ratifying his unauthorised act.10A director using confidential information to trade in a company's shares is MOST likely to be in breach of the director's duty:A. to act in the company's best interests.B. to act with care, skill and diligence.C. to exercise powers for a proper purpose.D. to avoid a conflict of interests.
- SECTION D Read the following extract and then answer the question belowA client is interested in setting up a business and does not know which form of business to use. He has been told that he can form a sole proprietorship, or partnership, or a limited liability company. He comes seeking for business advises on the advantages and disadvantages of a registered company. Make a comparison between a sole proprietorship, partnership, and a limited liability company.Companies A and B differ only in their capital structure. A is financed 30% debt and 70% equity: B is financed 10% debt and 90% equity. The debt of both companies is risk-free. a. Rosencrantz owns 1% of the common stock of A. What other investment package would produce identical cash flow for Rosencrantz? b. Guildenstern owns 2% of common stock of B. What other investment package would produce identical cash flows for Guildenstern?You are a broker. Your sales associate is new and can't remember the key differences between lien types. You remind them: Liens can be voluntary or involuntary. Voluntary liens are created with the owner's consent. A lien can only apply to one piece of property a debtor owns Because of this, liens are always specific. Legally, liens cannot be involuntary. They must be created with the owner's consent and if they're not, they're illegal All liens affect all of the debtor's property. That's why they're also called general liens.
- You are President and CEO of Apex Business Systems, Inc. (Apex). Apex, through its purchasing agent, bought a new microwave from Inki Appliances Company (Inki) who sells microwaves on a daily basis. There was no written or oral warranty given when the sale was made. The microwave stopped working one week after it was placed it in the company kitchen. Assume also that nobody misused the microwave or in any way caused it to quit working. The purchasing agent returned the microwave three days after it quit working. The owner of Inki refused to repair or replace the microwave or offer a refund. Prepare a demand letter to be sent to Inki.While tax-exempt entities are indeed generally exempt from paying Federal income tax, they must operate in ways that guarantee that they remain in compliance with tax laws governing their tax-exempt status. List and explain steps tax-exempt entities must take to protect their tax-exempt status.On March 3rd 2009, the Fraud Examination Team, a department of the Bureau of Fraud Examination, received a call from Anton Valukas, chairman of the Chicago law firm Jenner & Block LLP. In early 2009, a bankruptcy court in New York assigned Valukas to investigate and report on the causes of Lehman Brothers Holdings Inc (LBHI)[1]’s 2008 bankruptcy. During this investigation, Valukas came across “Repo 105” and “Repo 108” transactions that Lehman used from 2001 to 2008. A “repo” or repurchase agreement is a form of short-term borrowing, whereby one party agrees to temporarily “sell” securities to another party at a specified price, while also committing to repurchase them at a future date, and at a usually higher preset price by the same buyer. While “repo” transactions are legal and are frequently used by investment banks as a means of obtaining short-term financing, Valukas stated that given the period of the fiscal year when these transactions were mostly conducted, as well as how…
- Your friend calls you on the phone and says that he has gotten a great deal on a large quantity of illegal iPads and wants you to help him sell them. He offers to give you half of all the money that is received. You agree to the suggestion but then call the police and tell them what has transpired. Has the situation gone far enough at this point to solicitation? What information do you have that would justify charging your friend with solicitation?A rented a car owned by B for 50$ going to Seoul. Under the condition the A will cover the expenses for gasoline and will return the car after 18 hours. When A was already in Seoul, A parked the car in the park. The car was lost. The car is 700$ worth. What are A's obligations now under the concept of simple loan or mutuum? Will A just pay 50$ or 700$ to B?Explain. What should be the responsibility of A in relation to the lost rented-vehicle?The U.S. Securities and Exchange Commission (SEC) released its final rule to implement a code of ethics under SOX Title 404. The stock exchanges have proposed that each company listed on the exchanges publish its code of ethics. Discuss how disclosures of a code of ethics by senior management could have a positive effect on public confidence and influence investors' behavior. Discuss the consequences of not establishing a code of ethics. Support your position. Evaluate the importance of senior management in setting the tone for the application of the company's code of ethics and promoting positive employee behavior, improved decision making, or the willingness to report unethical behavior of coworkers. Recommend at least two policies that might encourage employees to report unethical behavior.