Company assignment Essay Example | Topics and Well Written Essays - 2750 words

Company assignment - Essay Example These statutory provisions applied in conjunction with established principles of common law and equity in relation to directors duties2. However, in the consultation phase leading to the implementation of the CA 2006, the Government expressed dissatisfaction at the inherent uncertainty of these provisions and have attempted to codify both the common law and statutory provisions pertaining to directors duties under the CA 20063. In turn this has lead to some commentators arguing that the CA 2006 codification of directors’ duties has resulted in tighter controls on the exercise of director’s duties. This paper critically evaluates this argument with a comparative analysis of the previous legal position and how far this has been changed by the CA 2006 provisions. If we firstly consider the previous position under common law and equity, the issue of fiduciary duty has commonly arisen in constructive trust and tracing cases. Additionally, issues have arisen regarding the int errelationship between director’s duties and the abuse of the corporate structure as exemplified by phoenix company syndrome4. The term â€Å"phoenix† company is utilised to define a corporate structure where assets of one limited company are moved to another legal entity5. Commonly, some or all of the directors and management will remain directors in the successor company and in some instances the successor company will have the same or similar name to the failed business6. In simple terms, a phoenix company is a limited liability company: â€Å"housing individuals, or the directors by name or otherwise, who abuse the corporate form by dissolving one company and creating another to avoid payment of debt†7. Furthermore, it has been commented that the Register of Companies is â€Å"littered with cases involving phoenix companies†¦Ã¢â‚¬ ¦ ones which fail and then seemingly reappear overnight in substantially the same form and with substantially the same mana gement8†. Typically, a phoenix company will use all or some of the assets of the insolvent company and will trade in the same industry and similar manner to the failed predecessor9. Whilst it is perfectly legal to form a new company from the debris of a failed company, â€Å"phoenix syndrome† has repeatedly been criticised as a means of abusing the statutory provisions implemented to protect against wrongful trading and abuse of position10. For example, a director of a failed company can become a director of a new company unless they are bankrupt or subject to a disqualification11. One the hand, it is clear that not all legitimate businesses will succeed on first attempt and the Small Business Service12 estimates that one in three businesses shuts down within three years13. Nevertheless, it is submitted that reasons for failure are multifarious and it would be undesirable for the law to penalise honest individuals from acting as directors simply due to difficulties in r unning a business. Accordingly, it is propounded that in such circumstances, the phoenix company arrangement is beneficial in allowing a business to start again14. Moreover, the phoenix arrangement enables profitable aspects of the failed business to survive into the successor company, thereby preserving an element of continuity for both suppliers and employees15. Conversely however, in the

Business Company Analysis Research Paper Example | Topics and Well Written Essays - 3250 words

Business Company Analysis - Research Paper Example Assigning equal weights to each of these external factors, and arriving at the mobiles long-term prospects/evolution as the most important external factor, to which Google has responded with stunning success, based on the brilliant success of Android up to this point. We assign scores of 3 each for the Microsoft and Facebook threats, given that the Google response is credible, but has room for improvement, especially with regard to the threat of Facebook eating into Googles advertising revenues. This latter threat is low at present, given that Googles revenues continue to remain healthy, and promises to remain healthy with the excellent prospects for mobile and Googles substantial stake in mobile via Android. The rating is 4 for the long-term mobile evolution factor. This puts the EFE rating for Google at High, or between 3 and 4 (Kelleher; Paul; Enderle; Coldewey; Fletcher; Foreign Writer; Google Finance; Reuters; CrunchBase; Yahoo!; MarketWatch; Porter). Looking at the IFE matrix, on the other hand, the continuing weakness at Motorola Mobility threatens to weigh down Google moving forward, and this can be rated as a major weakness on the part of Google. This is given the substantial weighting in the IFE, even as its overall revenues is dwarfed by Googles revenues in advertising, and its profits or losses likewise are small in comparison to the profits of Google overall. This is a key consideration for the weighting of the weakness, whereas its core strengths in search and in mobile are very formidable to the point of being almost unassailable at present. Given this, we assign the weights of 70 percent for search, 20 percent for mobile via Android, and 10 percent for Motorola mobility as a key weakness. Rating the first two as 4, and the Motorola mobility weakness as 1, for major weakness, we get a total IFE rating of between 3 and 4 (Kelleher; Paul; Enderle; Coldewey; Fletcher; Foreign Writer; Google Finance; Reuters; CrunchBase; Ya hoo!;

Educational Policies of Nigeria and South Korea Essay Example for Free

Educational Policies of Nigeria and South Korea Essay Education has been the corner stone of the success of every economy. In terms of those countries which have been colonized and have adopted a government that was highly repressive in nature, one could significantly argue that such would post an effect to how education was being delivered, the degree of excellence of the aforementioned, the demands of the market and the availability of jobs, and finally its effects to the economy. This paper focuses on the educational history and policies of Nigeria and South Korea in relation to the British military government of the Nigerians and the Japanese occupation and the American military government of the South Koreans. These policies and norms are then significantly related to their employment systems and its effect on their economy. The objectives of this essay are the following: 1. To establish a brief account of the educational policies and norms of Nigeria and South Korean and significantly identify its relationship to the military government. 2. To significantly identify the effects of the educational policies and norms in relation to the availability of jobs to the citizens and consequently the continuous demands of the market for such jobs; and finally 3. To know the effects of educational excellence, jobs availability and demands to the sustainable development of an economy. Review of Related Literature Education and Military Government in Nigeria One of the major constitutional changes that happened to the government of Nigeria was in 1953, a few years after the World War II. Such a change took effect through the London Conference attended by both Nigerian and Colonial officials which places the country under the rule of a Governor General, having the aforementioned the leader of the three principle regions of the country. Such a change of the name of positions was a way for the British regime to increase the autonomous powers of the country thereby making education vested at the local level, which is in accordance with the aim of unifying the region (Patterson, 1955, p. 94). Education, other than representation and taxation was one of the autonomous areas of governance that is designated to the central government. As such it is with this respect that the government had ordered that the youth of Nigeria regardless of any region should be given sound and uniform standards of performance (p. 95). The objective of this educational policy is to have the youth fully prepared on their primary and secondary education so as to enable them to take higher education both inside and outside of the country. Within the new constitution, 34 subjects or areas of concern were given to the federal government to oversee. In addition with this, 14 subject areas were also created and delegated to the federal government to be administered to individual regions. Consequently, it has also been perceived that the successful implementation of these subjects could only happen if the individuals administering these areas were competent enough, hence resulting to the very high standards were implemented by the government in terms of employee recruitment (p. 5). Such a drive for the development of skills for the Nigerian youth resulted to the perceived shortness in terms of trained senior administrators and other technicians for various government and technical posts for the country. The federal government perceived that the shortage could only be remedied through higher education and long experience of the youth. At the end of 1953, it has been perceived that 5,000 senior service positions were available in which 3,300 of them were taken by overseas personnels or the expatriates. Only 800 positions are given to Nigerians, and there were still 900 positions more that were vacant (World Bank, 1955, p. 23). The drive of the British Government to improve the education in Nigeria resulted to the establishment of a program for development for African Territories under the British Crown. The program which was called the Colonial Development and Welfare Schemes was inaugurated in 1945 in which required the British Government to contribute 23,000,000 pounds sterling for ten years that would enable the country to develop and another loan of 26-500,000 pounds sterling that would be used to fund a number of projects including education and other research facilities (Patterson, 1955, p. 97). The result of such an effort on the end of the British Government paved the way for a consuming ambition among young Nigerians to be associated with the Government and take a number of white collar jobs (p. 8). Technical Education in Nigeria Technical education is placed as one of the major projects of the Ten-Year Plan for Development and Welfare for the post-war Nigeria. Institutions that would cater to technical skills, trade, and handicrafts were created after the Second World War. For instance, the Technical Institute of Yaba, the first center that was created outside Lagos offered three full-time and two part-time programs and special short courses. These skills were those relating to junior and senior technical and also teacher training. For a four-year education, the country had been offering instructions in wood working, drafting, sub-professional engineering, commerce and printing to those students who have completed eight years of primary education and have already passed a special entrance examination. The senior technical course offered by the institute focused on courses in electrical, mathematical and civil engineering, architectural assistance and economics. Consequently, there were also teacher-training programs which offer a two-year course to prepare teachers for handicraft centers and secondary school craft courses (World Bank, 1955, p. 582-583). On the other hand, the Trade Centers at Yaba aimed to produce skilled craftsmen by offering courses which range from two to five years. The students primarily learned on an apprenticeship basis after which they have already familiarized themselves with the tools of the trade and have learned to do simple tasks; consequently academic instructions were given to the students averages one day every week. After the students have already gained the skills that are necessary, they were contacted by the trade center to go to large cities in order to work. Part of the educational system was also the refusal to accept new students until a new class graduates. As such, the intake and output for some courses happened only once in every five years. For the first five years of the operation of the Yaba Centre, there were only 85 students who had graduated while 18 were dismissed and 13 of them resigned (p. 84). The Weakness of the Nigerian Education One major weaknesses of the Nigerian education was the inclination to have all areas of the Government to have properly staffed and well-trained individuals; as such resulting in having schools to have its own standards and specializations and independence from other educational efforts. Such an act resulted at times to the replication of jobs or over specialization on some skills, which were often criticized to prevent holistic development. It has been argued by some scholars that schools that were operated by the departments of governments had the inclination to emphasize subjects that were too technical up to the extent of neglecting certain subjects such as English, Mathematics and the Social Sciences. As such, some students after graduating from departmental schools normally look for jobs that they believed will be necessary for their employment rather than their abilities and interests (Patterson, 1955, p. 7-98). In effect of this, the inclination towards education had been something that was relative to that of available employment. Outside the market, it had been perceived that education had no value and in the long run, had stimulated little demand to the public. It is with this respect that competition among available jobs had been perceived to be very keen wherein the colonial Nigeria has clustered to commercial areas within the region (Davis and Kalu-Nwiwu, 2001, p. 1). It could also be significantly noted that education for women during the post-war Nigeria had also been problematic as although there were already several domestic science centers that were established, very few of them remained in actual operation. As such, the education of women had been lagging in the country. The education that was provided to women were those solely with regard to food preparation, sewing, cleaning, general sanitation and elementary skills in nursing (World Bank, 1955, p. 588).

Mutual Funds Essay -- essays research papers

Mutual funds are an easy, convenient way to invest, without having to worry about choosing individual stocks. A mutual fund can be defined as a single portfolio of stocks, bonds, and/or cash managed by an investment company on behalf of many investors. The investment company manages the fund, and sells shares in the fund to individual investors. When one invests in a mutual fund, they become a part-owner of a large investment portfolio, along with all the other shareholders of the fund. The fund manager invests the contributions when shares are purchased, along with money from the other shareholders. Every day, the fund manager counts up the value of all the fund's holdings, figures out how many shares have been purchased by shareholders, and then calculates the net asset value(NAV) of the mutual fund, which is the price of a single share of the fund on that day. If the fund manager is doing a good job, the NAV of the fund will usually get bigger and the shares will be worth more. There are a couple of ways that a mutual fund can make money in its portfolio. A fund can receive dividends from the stocks that it owns. Also, the fund might have money in the bank that earns interest, or it might receive interest payments from bonds that it owns. At the end of the year, a fund makes another kind of distribution, this time from the profits they might make by selling stocks or bonds that have gone up in price. Unfortunately, funds don't always make money. For example, the fund manager could have made some investments that didn't work out, sold some investments for less than the original purchase price, and there may be some capital losses. Most mutual funds invest in stocks, and these are called "equity funds." Some funds specialize in investing in large-cap stocks, others in small-cap stocks, and mid-cap stocks. Large-cap stocks have market caps of billions of dollars, and are the best-known companies in the U.S. Small-cap stocks are worth several hundred million dollars, and are newer, up-and-coming firms. Mid-caps are somewhere in between. There are also bond funds that purchase bonds issued by corporations, municipal governments, or the federal government agencies. You can invest in tax-free bond funds, just as you can buy tax-free bonds, and the interest you earn is exempt from federal a... ...nd some of the advantages and disadvantages mentioned earlier I found a fund that was interesting. The Domini fund only invests in companies that are part of the Domini Social Index. The index excludes companies that derive more than 2% of sales from military weapons, sell any alcohol or tobacco or own interest in nuclear power plants. The remaining large-cap stocks are then evaluated according to other social criteria: diversity, employee relations, the environment and the product. For example, a company may give a lot of money to community organizations but may be rabidly polluting the environment. In a situation like this, the analyst will carefully consider the pros and cons before including the company in the index and in the fund. Investment requirements were also a factor for considering this fund and the Domini fund requires a minimum initial investment of $2,000. However, the company can waive the minimum investment to a mere $25 each month. The fund has been around sinc e 1991 and has had an average annual return of 20.61% for the last 8 years. It returned 32.99% in 1998 (while the S&P500 returned 28.58%). It invests 25.85% of its assets in technology and is no load.

Comparing Dada to Pop Art

In this essay I will compare the Dada and Pop Art movements by depicting the characteristics of each art period, their style and social conditions that may have influenced the creation of each movement. The essay will describe the relationship between the Dada and Pop Art movements. The essay will show their similarities, differences, and the reason why Pop Art did not continue with the Dada tradition although Pop Art also utilized everyday objects as subjects to create art just like the Dada. Lastly, the essay will show how Pop Art is still very much part of today’s art world.Dada or Daism was an informal international art movement, with artists and followers in Europe and North America. The beginnings of this movement coincided with the outbreak of World War I. This artistic and literary movement started in 1916 and ended around 1923. Dada was born out of negative reaction to the World War I and as a way to protest against the conventional middle-class which the artists beli eved were the cause of the war. Dada excluded reason and logic, valuing nonsense, irrationality, irony and humor. The movement primarily involved visual arts, literature, poetry, manifestoes, art theory, theatre and graphic design. Art in the traditional sense was all about aesthetics, Dada represented the opposite. Dada’s intention was to offend and shock common sense. (â€Å"Pop art/dada†, 2013)Dada artists developed the collage, photomontage, assemblage and readymade techniques. The collage, which imitated the techniques used during cubism through the pasting of cut pieces of paper items to include items such as transportation tickets, maps, plastic wrappers in order to represent features of life instead of still life. Photomontage – this technique used scissors and glue rather than paintbrushes and paints to express views of modern life from images represented by the media.The assemblage technique – is a three-dimensional variations of a collage; whic h again used everyday objects to produce meaningful or meaningless (relating to the war) pieces of work. Lastly, the â€Å"readymades† – these were everyday objects found or  purchased and declared art by an artist. These objects would sometimes have titles and/or the artist’s signature to provoke deeper thinking on the viewer. During this period there was no predominant medium to Dadaist art. (â€Å"Dada†, 2013)Pop Art (short for Popular Art) emerged in England in the early 1950s and late 1950s in the United States lasting through the early 1970s. Pop Art origins developed for different reasons in Great Britain and the United States. In the United States, it was a response to impersonal, mundane reality, irony and parody. In Britain, the origin of post-World War II also included irony and parody but its main focus was on the images of American popular culture.Pop art was also a form of rebellion against abstract expressionism whose audience was a greed y middle class, according to the artists. Pop Art understood popular culture or so called material culture which was focused on the post-World War II generation who rebelled against the mysterious undertone of the abstract art. Pop artists wanted to express their hopefulness after so much poverty had been experienced during the World War II. (â€Å"Pop art-†, 2013)Pop Art was rooted in urban environment – London and New York. Pop Art used pieces of familiar images like advertising, labels, comic books, ordinary cultural objects, film, and television, to express conceptual formal relationships. In addition, the artist also duplicated common mass production images such as beer bottles, soup cans, comic strips, road sign paintings, collages and sculptures either by incorporating these objects into their paintings, collages and sculptures. Artists usually used very bright colors, and flat images. Pop art is symbolic and realistic. Lastly, Pop Art’s subjects are non- traditional which involves the viewer on the subject unlike the traditional still life motif which engaged the viewer on the formal qualities of the painting ignoring the subject. (â€Å"Pop art-†, 2013)Dada and Pop Art developed in part to oppose the status quo, standing up in opposition to the established elite art of their respective times. Pop Art and the Dadaist thought that the traditional artist was a prop of the elite and the powerful; hence, both movements created art that was anti aesthetic. Pop Art and Dadaism both used everyday objects to create art that was symbolic, realistic, and descriptive. Both movements used what was considered non-traditional motifs. Dadaism and Pop Art used their movement as a means of criticism for their respective times in which they lived. Lastly, Dada and Pop Art movements – to some degree – were influenced by a war. (â€Å"Pop art-† 2013)Pop Art was somewhat an extension of Dadaism. Pop Art also delved into some of the same subjects as Dadaism; however, Pop Art substituted the harsh, sarcastic, and radical impulses of the Dada movement with an appreciation to popular culture. Pop Art artists wanted to express their optimism to a culture born during post-War World II who sought to acquire consumer goods in response to mass media advertising. Pop Art did not critique the consumerists it simply recognized it as a natural fact of the times. (â€Å"Pop art/dada†, 2013)Marcel Duchamp’s, Fountain, 1917 is considered a ‘readymade’ artwork from the Dada movement. The sculpture has become one of the most recognized modernist works from the Dada movement. With the Fountain, Duchamp took an everyday object of life, and changed its useful significance by calling it something else. By giving it a new title and point of view, Duchamp created a new thought for the urinal. Duchamp’s insight that art can be about ideas instead of things, a notion that would ring true with la ter generations of artists. (Pop art/dada, 2013) Andy Warhol’s, Campbell’s Soup Cans, 1962, consisting of 32 canvases each being a painting of a can of soup flavor being offered at the time.There is no clear explanation as to why Warhol  chose to paint the soup cans, his usual reply to interviews as to why he painted the cans – he had soup every day. One of the traits of Pop Art is creating art from popular recognizable object that most everyone could relate to. Just like the Fountain, the concept was more important than the image. The fact that he chose to ‘create’ art by painting the cans correlates to Duchamp’s Fountain by which both artists style was more anti-art; utilizing common objects as subject matter, evoking interest from the viewer on the concept rather than the object. (â€Å"Campbell’s soup cans†, 2013)Pop Art is a direct descendant of Dadaism because it mocks the art world by using everyday motifs as subjects t o create art. The Dadaist originated an irrational way of images to provoke reaction from the public on their work. Pop artists adopted the same visual method but concentrated their interest on popular culture. The Pop Art movement replaced the negative, satirical and radical elements of the Dada movement. The Dadaist concentrated on anti-war politics, rejecting the prevailing standards in art by creating anti-art cultural works. (â€Å"Pop art†, 2013)The dawn of the Pop Art movement in the 50†²s not only impressed the wealthy, it changed the culture. So iconic and profound were the motivations behind this movement that its art is still featured, studied and produced today. It is clear that Pop Art was much more than just a fad, it is still very popular and it is continued to be called a success. It is hard to not identify traits of Pop Art as some of its peculiarities like the dotted image, strong and multiple colors, series of images on one print, famous people faces, and everyday objects continue to be used today. Pop Art can be found in print design on birthday cards, T-shirts, calendars, canvases, poster, and contemporary graphic design. (â€Å"The influence of†, 2010)

Betsu in Translation

The Japanese word  betsu is pronounced almost entirely without that s  Ã‚  in the middle: beh-Tsu. The word is translated to indicate distinction: discrimination, difference, another thing. Japanese Characters åˆ ¥ 㠁 ¹Ã£  ¤ Example Iu no to okonau no to wa betsu da.è ¨â‚¬Ã£ â€ Ã£  ®Ã£  ¨Ã¨ ¡Å'㠁†ã  ®Ã£  ¨Ã£  ¯Ã¥Ë† ¥Ã£   Ã£â‚¬â€š Translation:  To say is one thing, to do is another thing.

The Core Principal Of Buddhism - 1225 Words

The core principal of Buddhism is the Four Noble Truths. The Buddha Shakyamuni’s first sermon, the setting in motion of the wheel of dharma, detailed the Four Noble Truths. The First Noble Truth is about the inherent nature of suffering in the world; that is, everything is suffering. From a Western standpoint, the idea that the world is entirely suffering appears pessimistic. To the Buddhists, this is not a pessimistic viewpoint, but an honest one. In this paper, I will examine whether or not the world in suffering by looking at first the Buddhist justification and then my personal experiences and beliefs. The Buddha introduced the Four Noble Truths in his first sermon. He spoke of the Middle Way and the Noble Eightfold Path before explaining the First Noble Truth: And this is the Noble Truth of Sorrow. Birth is sorrow, age is sorrow, disease is sorrow, death is sorrow; contact with the unpleasant is sorrow, separation from the pleasant is sorrow, every wish unfulfilled is sorrow—in short all the five components of individuality are sorrow.† Seeing age, disease, and death was the cathartic moment for the Buddha. When he was living a flawless life in his father’s palace, he finally was able to go outside of the palace. Even though his father drove away all old, sick, and dead people, the gods showed him an old man, a sick man, and a corpse. After seeing all of them, especially the corpse, he was disillusioned with his sheltered life. These were the beginnings of hisShow MoreRelatedReligious Ideologies And Practices Behind Buddhism843 Words   |  4 Pagesreligion that I did not consider myself well versed with was Buddhism. From my previous encounters with this religion, I had learned that its teachings embody the idea of karma and rebirth. 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For most of these civilizations, religion explains existence and ethical thinking for governments. Each religion mentioned wages war according to their principals and beliefs in order to gain power over another. Also, they each have their own view for when war is considered just or unjust. Focusing on Christianity, Islamic, and Buddhism religions and their understanding of warfare will help to understand the relationship betwe en earthly orders. For one to understand the relationship and impactRead MoreWorld Wide Yin and Yang1735 Words   |  7 PagesWorld Wide Yin and Yang The Chinese culture has a variety of religions and philosophies; behind each one there is a core of theories and principles formed by its founders. The aspects of the yin-yang principal are the basis of the three major Chinese religions: Taoism, Confucianism, and Buddhism. In China, people are aware of the importance of believing in the yin and yang principles. The Encyclopedia of Sex and Gender states, the Chinese view yin and yang as opposites, where yin is dark andRead MoreThe Four Characteristics of Religion1212 Words   |  5 Pagestranscendent. Every religion has a core belief that a person must adhere to, to truly belong to that religion and this is referred to as its paradigm. In Buddhism, the paradigm is a belief in the Three Refuges - The Lord Buddha, the Dharma and the Sangha. For Hinduism, the belief that ultimate union with Brahman is the only real purpose for humans, is extremely fundamental. Every religion has a paradigm and in addition, has other beliefs that flow out of its core paradigm which accepts different denominationsRead MoreJain Philosophy- Jainism1312 Words   |  5 Pagesall beings have a soul, multiple aspects and non-attachment. Jainism, Buddhism, and Hinduism have significant differences in their belief of the universe in regrades to karma. 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Another main work, the Chuang Tzu, expands upon the Dao de Jing by putting Lao Tzu’s principals into action using simple examples and storiesRead MoreThe Four Noble Truths Instructed by the Buddha, Questions and Answers1364 Words   |  5 Pageswere the southern kingdoms more stable after the collapse of the Gupta, c. 600 CE than they had been before? 3. Describe the Four Noble Truths that the Buddha taught; how do these represent a reaction against the Vedic and Jain traditions? Why did Buddhism draw more devotees than Jainism. 4. Describe the expansion of India culture to Southeast Asia; how did that influence differ from the expansion of Indian culture to China and Japan? 5. Although legally and economically, womens lives were moreRead MoreThe Tragedy Of Siddhartha s Life1758 Words   |  8 Pagesthe monasteries but also to all who strove to live the moral standards taught by the Buddha and help support the Sangha. It is universalist and didn’t recognize the strict Aryan caste system.This inclusiveness allowed for any person to be a part of Buddhism and have an opportunity to reach enlightenment. Even the Buddha’s teachings feature attainable and simple teachings that are very different from the elaborate and complicated tradition that had held India in the past. Even though the layperson wasRead More The Historical Context of The Bhagavad Gita and Its Relation to Indian Religious Doctrines2505 Words   |  11 PagesIndian Religious Doctrines The Bhagavad Gita is perhaps the most famous, and definitely the most widely-read, ethical text of ancient India. As an episode in Indias great epic, the Mahabharata, The Bhagavad Gita now ranks as one of the three principal texts that define and capture the essence of Hinduism; the other two being the Upanishads and the Brahma Sutras. Though this work contains much theology, its kernel is ethical and its teaching is set in the context of an ethical problem. The teaching