ATL005 CommLaw2 : entities and business structures

626 Pages·2017·2.109 MB·English

by  CCH Editors,, CCH Editors

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First published April 2013
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Contents
CommLaw2: Entities and Business Structures: Commentary
Tax Institute CommLaw2 Module 1
[¶8-500] Sole proprietor
[¶1-060] The referral of powers by the States to enable law
making: s 3, 4
[¶8-910] Protection of business names
[¶490] Functions and powers
[¶35-110] Industrial relations legislation
[¶35-060] Work Health and Safety Act
[¶150-589] National consumer credit legislation
[¶35-158] The APPs
[¶8-510] Partnership
[¶31-400] Requirement to incorporate: s 115
[¶3-340] Vicarious liability
[¶26-938] Business affairs of a partnership: s 53AC
[¶3-005] Promoters and pre-registration contracts
[¶3-010] Ratifying pre-registration contracts
[¶4-010] Procedure — Setting up a proprietary company
[¶4-015] Procedure — Setting up a public company
[¶4-020] Applying to register a company: s 117
[¶4-045] Selecting, reserving and registering the company
name
[¶37-300] Omission of “Limited” from name: s 150, 151
[¶35-000] Introduction — Internal management of companies:
s 134
[¶9000-020] What is “corporate governance”?
[¶32-010] What is the role of the board of directors?
[¶32-810] Board of directors delegating to committees and
management
[¶42-020] Introduction — Directors’ & officers’ duties,
responsibilities and obligations
[¶42-240] Directors’ duty to exercise powers for a proper
purpose
[¶42-530] Director’s duty to disclose material personal
interests: s 191
[¶197-100] Introduction — Continuous disclosure
[¶50-100] Roadmap — Rights and remedies of members of a
company and registered schemes
[¶50-525] Examples of members’ rights
[¶50-700] Statutory remedies open to members
[¶53-120] Actions based on oppressive conduct or unfair
prejudice: s 232 & 233
[¶54-275] Criteria for granting leave to bring, or intervene in
proceedings on behalf of company: s 237
[¶74-050] Notice of share issue: s 254X
[¶42-367] Breach of duty to maintain share capital
[¶76-025] Rationale and motivations underlying share buy-
backs
[¶45-010] Roadmap — Related party transactions
[¶152-040] Circumstances in which company may be wound
up voluntarily: s 491
[¶132-520] Overview — privately appointed receiver
[¶136-220] Object of administration: s 435A
Tax Institute CommLaw2 Module 2
[¶8-530] Trust
[¶21-340] Common intention and other constructive trusts
[¶65-300] The nature of the member’s interest
[¶162-730] Use of trust assets
[¶8-590] Joint ventures
[¶2-830] Operation of Cartels Act joint venture exception
Tax Institute CommLaw2 Module 3
[¶35-050] Superannuation
[¶277-320] Information for existing holders of superannuation
products and RSA products: s 1017C
[¶277-360] Trustees of superannuation entities — regulations
may specify additional obligations to provide information: s
1017DA
[¶274-750] Providing personal advice to retail clients:
reasonable basis for advice requirement: repealed s 945A
[¶2-950] Superannuation policies and other policies held
under trust
Tax Institute CommLaw2 Module 4
[¶1-100] Insolvency
[¶1-140] Australian bankruptcy legislation
[¶2-040] Briefing and advisory functions: is bankruptcy the
best administration?
[¶2-070] Bankruptcy by debtor’s petition (voluntary
bankruptcy)
[¶2-330] The Official Trustee in Bankruptcy
[¶1-400] Functions common to bankruptcy and liquidation
[¶10-600] The “relation back doctrine”
[¶13-320] Specific examples of creditor control and rights to
receive information
[¶10-900] The administrative regime for recovery of income
contributions
[¶18-000] Meaning of “termination of bankruptcy”
[¶18-040] General effect of discharge
[¶19-500] Introduction to debt agreements
[¶24-025] Effect of entering into controlling trusteeship
[¶54-002] Purpose of administration
[¶1-220] Receivership
[¶32-300] Parties to liquidation and corporate insolvency
[¶32-310] Liquidators
[¶32-660] Comparing court liquidation with other corporate
insolvency administrations
The flight of the phoenix, 13 August 1996
CommLaw2: Entities and Business Structures: Cases
Tax Institute CommLaw2 Module 1
HIH Casualty & General Insurance Ltd v Building Insurers’
Guarantee Corporation
Woodgate v Davis
Briggs v James Hardie & Co Pty Ltd & Ors
CommLaw2: Entities and Business Structures: Releases
Tax Institute CommLaw2 Module 1 — ASIC regulatory
guides
[¶10-041] Regulatory Guide 41: Limited Partnerships
Fundraising (Previously Policy Statement 41)
Tax Institute CommLaw2 Module 3 — ASIC regulatory guides
[¶10-243] Regulatory Guide 243: Registration Of Self-
Managed Superannuation Fund Auditors
Wolters Kluwer, CCH Acknowledgments
Wolters Kluwer, CCH wishes to thank the following who contributed to
and supported this publication:
Managing Director: Michelle Laforest
Content Director: Scott Abrahams
Head of Content — Books: Alicia Cohen
Editor: Emma Gleeson
Production Team Leader: Katherine Joy Aguado
Subeditor: Joshua Albert Patlin
Production Editor: Florie Mae Luz
Content Coordinator: Hui Ling Lee
Cover Designer: Eric Truong
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