Structure for the upcoming invigilated exams

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Structure for the upcoming invigilated exams…: Applied Company Law Dear PG Students of Applied Company Law, For those that attended the final class for this subject, will recall I provided a generous amount of information to help prepare you for the upcoming exams. I say exams, as the invigilated exam is set down for Thursday 10th June 2pm to 5pm in Rooms 501 & 301 (however, students should reconfirm these times and dates for themselves in the event last minute changes are made). There is a BACK UP exam (date yet to be determined) for those rare events where a student is unable to attend the set invigilated exam – this is NOT a choice of doing the first or second exam, as there NEEDS to be extraordinary circumstances to be approved to sit the deferred exam. Supporting evidence and proof, such as medical certificates, or other verifiable information will also have to be submitted. The information below, covers for both exams – you need to prepare for BOTH exams… 1. the exam has a weighted value of 40 marks and you need obtain at least 50% in the final exam to satisfy the learning outcomes for this course. 2. In one version of the exam (could be the first or second exam) there will be: 30 multiple choice questions (mainly covering the first three chapters of the text book), and a major problem solving question related to the difference in operating a partnership as compared to operating as an incorporated company (Pty Ltd) 3. in the second version of the exam there will be: a series of short essay questions (about half to one page as the recommended answer); candidates need to select three of the choice of five topis to answer. The questions relate to duties and responsibilities of directors (and Officers), the difference between various legal formats of business, “insider trading”, and corporate governance. (Refer to the link below for helpful information from Baker and McKenzie, Solicitors re the Duties and Responsibilities of Directors. 4. One of the exams comprises a Case Study (see below), with questions revealed in the exam paper. Candidates might be well advised to thoroughly review before exam time. CASE STUDY – HEDGE AND JONES PTY LIMITED[1] Hedge and Jones are two Sydney based entrepreneurs engaged in the waste disposal business, they refer to themselves as ‘free-wheelers’ meaning they do not mind pushing the boundaries to achieve what they want, and what they want most is to make money, lots of money! The business commenced in 2010 and over time built the business to reach an average annual turnover of $M80; making substantial profits before income tax, of around $M25 per annum. The future business prospects opportunities look particularly attractive including expanding into other States. The business started operating with just 50 waste disposal bins and built the business dramatically over the following years – with today operating over 800 waste disposal bins. Essentially, the business provides for short time periods (2 weeks – 3 weeks), large industrial waste bins, delivered to various sites (building sites) where either clean soil from excavations is removed, with any building waste thrown into separate bins. Hedge & Jones specially designed waste collection trucks then collect the waste, taking it away for disposal (or recycling) at government licensed agencies, or in the case of non-contaminated soil from excavation projects, to so called free-fill sites where non-contaminated soils may be dumped as landfill (i.e. sites where ‘clean fill’ is required). Clean waste such as non-contaminated soils, are required to be ‘certified’ as waste not containing harmful contaminants. Other loads comprising other than ‘clean’ unpolluted soils require specialized dumping and/or processing/disposal, for example, building waste, bricks, concrete etc. required specialized recycling sites. Other wastes such as putrescible[2] materials are disposed of differently and separately. Any loads containing hazardous asbestos, or dangerous chemicals are subject to specialized collection and disposal and are not included in the service offered by Hedge & Jones, nor is collection of any radio-active type material. There are strict environmental waste disposal statutes and regulations controlled by a government body in NSW called the Environmental Protection Agency (EPA) and there are very high dumping costs for hazardous waste materials due to the special waste facilities required to handle and process such waste. While the fines imposed for wrongdoing can be very high, including thousands of dollars penalties, including criminal convictions imposed, depending on the offence. Nevertheless, there is serious temptation to unscrupulous operators to ‘misquote’ or falsely name one category of waste for another when disposing. The worst offence is the dumping of asbestos, either hidden among other waste, or recklessly dumping asbestos waste in isolated rural locations. The operators Hedge & Jones of the company have in place a series of secret ‘sweet-heart’ [3] deals with several of the managers of facilities who falsify documentation in the classification of loads being dumped, to waste of a lower category and pay much lower dumping fees. Alternatively, to deliberately declare underweight loads in documentation to reduce dumping charges. The company makes secret weekly cash payments of $10,000 to many officials and see it as a good return on their investment (for obvious reasons, knowledge of this practice is not known by many within the company). The company plans to apply to ASX to float the company on the Sydney Stock Exchange within the next two to three years. You have been contracted to act as a consultant to the business to help steer them towards an initial public offering (IPO). [1] This is a fictional company and bears no resemblance to any company, or individuals, past or present. [2] Putrescible means items which rot and decay, such as food scraps etc. [3] ‘sweet-heart’ deals in this context means private arrangements with ‘associates’ (co-conspirators) who are paid money, or monies-worth to engage in illegal, or illicit transactions not generally available or extended to others. 

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