Companies & Securities Law
Due Date:Week 10â
5pm Friday 29 May 2015
submissionâWord .doc or .docx to be uploaded to Turnitin plus
hard copy submission to Lecturer with Turnitin Originality Report attached.
board of directors of LP Pty Ltd (LP) is made up of six individuals (Andy,
Brian, Chris, David, Evan and Faith) all with differing degrees of education
and experience. Andy manages the company’s day-to-day operations. LP is a
company that makes childrenâs costumes. Given the downturn in the economy and
entry of new companies into the market, competition is becoming increasingly
difficult. The directors feel that it would be prudent to restructure its
operations to reduce costs so as to become more competitive. Andy also thinks
that LP should move to larger premises in a different area. Without consulting
the other directors, he starts looking for new premises and he decides the
first place he inspects is perfect, although the price is more than LP can
comfortably afford. Andy does not think this will be a problem, because there
is no competition nearby and he expects that profits will recover immediately.
Andy calls a board meeting and tells the other directors that moving will solve
all the company’s problems and that this property he has seen is absolutely
perfect for LP. He says they will have to act quickly as there is another
interested purchaser. Andy does not tell the other directors that he only
looked at this one property. He is so enthusiastic that the other directors
agree to the proposal even though the other directors are doubtful, feeling
that they are being rushed into making a decision without being given time to
consider other alternatives. The other directors agree to Andy’s proposal
without really understanding the financial implications. LP purchases the new
premises. During this time, the board of directors also appoint a business
operations consultant to suggest the best way to organise the different
departments and operations in the company. After a few weeks, the operations
consultant prepares the report and submits it to the board of directors of LP
for review. Three of the directors (Andy, Brian and Chris) read the
consultantâs report and support it completely. These three directors have a
business background and business degrees from Sydney University. The two other
directors (David and Evan) do not read the report but adopt it on the advice of
the first three directors. These two directors have no formal education past
High School and have no business background. The last director (Faith) reads
the report and realises that it is poorly prepared, full of spelling mistakes
and makes ridiculous recommendations like: âLP should consider organising its
operations in alphabetical order because itâs more pretty that wayâ. This
director does not support the adoption of the consultantâs report. After the
move to the larger premises and the changes are adopted, LP unsurprisingly
becomes more dysfunctional, loses lots of money and eventually has to be wound
up. Advise on the liability of the directors in relation to the reorganisation
and purchase decisions taken.
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