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Discuss the procedure and the legal requirements

Haili Wu and John William became friends while they were studying Business Law at Curtin University. After a few years of working with Glittering Floor Pty Ltd as marketing and sales executives, they resigned from Glittering Floor Pty Ltd in December 2015 and decided to set up their own business of selling timber flooring and tiles. They initially thought a partnership would be the best option. However, ultimately on 1 March 2016 they registered a proprietary company called Sparkle Pty Ltd. The company’s business is financed through the issue of 500,000 $1 shares to Haili, 300,000 $1 shares to John, and 2000 $1 shares to Thomas. Thomas is John’s cousin. Haili and John became the directors of the company.

Sparkle Pty Ltd has the following inserted into its constitution:

“The Replaceable Rules of the Corporations Act 2001 (Cth) shall apply to this company except for the following:

1. Thomas, an employee and shareholder of the company, shall be the company’s marketing manager.

2. The company shall only operate the business of selling flooring materials.”

The company has appointed John as the managing director to manage the day-to-day business of the company. Haili and John have decided to expand their business and sell kitchen furniture along with the flooring material as the house owners often look for purchasing both the products. On 1 July 2016, John entered into a contract to purchase 50 pieces of French provincial large kitchen cabinets from a French company Asealia France Ltd. However, Haili found this contract to be quite unreasonable. John is now hoping that there is a way that the company can avoid its obligations under the contract on the ground that the Company’s constitution does not allow the company to sell kitchen cabinets.

Whilst working with Glittering Floor Pty Ltd, Haili and John had signed non-compete clauses. The clauses prohibited Haili and John from competing with the business of Glittering Floor Pty Ltd during their employment as marketing and sales executives and postemployment for a period of three years. Haili and John believe that the non-complete clauses cannot bind Sparkle Pty Ltd as it is not a party to the employment contract.

Haili and John plan that if their business is successful they will require more capital. In order to raise the capital they will convert Sparkle Pty Ltd into a public company. With reference to the relevant sections of the Corporations Act (2001) (Cth) and case law, answer the following four questions:

Question One – Discuss what factors Haili and John may have taken into consideration in deciding whether to form a proprietary company instead of a partnership. Please outline the characteristics of partnerships and proprietary companies and write notes on the advantages and disadvantages of each type of business structure. Your answer should include an analysis of the liability Haili and John would have under each structure, should the business incurs debts.

Discuss the procedure and the legal requirements that may have been required to be satisfied under the Corporations Act 2001 (Cth) to convert the company from Sparkle Pty Ltd to a public company.

Question Two – The Board of directors decide to dismiss Thomas from his position as the company’s marketing manager and employ Haili’s sister Collette in the same position. Advise Thomas whether he has any ground to enforce the Constitution of the company that employs him in the position of marketing manager.

Question Three – Glittering Floor Pty Ltd wants to bring an action to restrain both Haili and John from engaging in competing flooring business on the basis that they signed non-competing clauses in their employment contracts. Haili and John argue that Sparkle Pty Ltd is a separate legal entity and it can do what it likes.

Advise Haili and John on whether Glittering Floor Pty Ltd is likely to succeed in preventing Haili and John from opening a flooring company.

Question Four – Advise Haili and John on whether they can cancel the contract with Asealia France Ltd on the ground that the Constitution of Sparkle Pty Ltd specifies that the company shall only operate the business of selling flooring materials.

1600 words

Discuss the economic implications of tourism on a country’s economy.

Questions need to be answered fully and professionally with credible references and no plagiarism. Who can handle this?
1. Discuss the economic implications of tourism on a country’s economy. What are the possible negative effects?

Your essay responses should be at least 200 words in length.

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40 points
Question 2
1. Describe the reasons why a company or organization might choose to outsource its food services or other services. Give a specific example of each named reason.

Your essay responses should be at least 200 words in length.

Comparative Analysis of Individual, Couple, and Family Crises

Application: Comparative Analysis of Individual, Couple, and Family Crises
As you have learned in previous weeks, the scope of crisis is broad, encompassing everything from natural disasters affecting millions of people to a personal loss affecting a single family, couple, or individual. As a result of this extreme variability, it is helpful to organize different types of crisis situations into categories based on fundamental similarities. For example, some crises can be classified as “individual, couple, and family,” such as the following: PTSD, lethality, sexual assault, partner violence, addiction, and bereavement.

Although these crises share a classification, they are far from identical. In fact, there is as much variability within the category of “individual, couple, and family crises” as there is within the general designation of “crisis.” One of the major areas of potential contrast is breadth of impact. A situation involving partner violence, for example, may be limited in impact to the two parties involved, particularly if the parties conceal it from others. An individual’s suicide, however, may have the most intense impact on the individual’s direct family members, but is likely to affect others outside of this realm as well, such as friends, neighbors, classmates, and/or coworkers.
In some cases, human services professionals may use similar strategies for different types of crises. A counseling session with a sufferer of PTSD, for example, may in some ways mirror a session with a sexual assault victim. Crisis intervention strategies vary in their effectiveness and in their potential to bring about positive outcomes, depending on both the nature of the crisis itself and the psychological resilience of those experiencing it.
To prepare for this assignment:
Review Chapters 8, 9, and 10 in your course text, Crisis Intervention Strategies. As you read, focus on the similarities and differences between the three types of individual, couple, and family crisis situations: crisis of lethality, sexual assault, and/or partner violence.
Review the articles, “Optimistic Explanatory Style as a Moderator of the Association Between Negative Life Events and Suicide Ideation” and “Best Practices for Working With Rape Crisis Centers to Address Elder Sexual Abuse.” Focus on how the issues examined in these articles are either unique to the particular crisis discussed or are shared with the other crises you have examined this week.
Select two of the three types of crisis situations you have studied this week. (Be sure that one of your selections is different from the two you chose to analyze in this week’s Discussion.) Reflect on how the two types of crisis situations you have selected are similar as well as how they are different, particularly in terms of their breadth of impact, the intervention strategies most often used in response to these situations, their intended outcomes, and the effectiveness of these intervention strategies in achieving these outcomes.
The assignment (2–3 pages):
Identify and briefly describe the two specific types of individual, couple, and/or family crisis situations you have selected.
Explain how the two types of crises are similar and how they are different, including, but not limited to the following:
Their breadth of impact
Crisis intervention strategies that might be used for each
The intended outcomes of intervention strategies used for each
The effectiveness of the outcomes of intervention strategies used for each
Explain what insights you have or conclusions you can draw based on this comparison.

Analysis of a visual work of cincinnati art museum

The Museum Paper: A written formal analysis of a visual work of cincinnati art museum

To truly appreciate art you must see it and experience it in person in an unfettered way. Based on the readings and lectures in our intro to Art class you are to write a 3 page (double spaced, 12pt. Font) formal analysis of a work of art at Cincinnati Art Museum. You make take as many notes as you would like while visiting the museum and then organize and type your paper.

The aim of this written analysis is to demonstrate your ability to heighten your sensitivity to the visual elements you perceive. Additionally, to speak to the purpose of the art work and use of design principles used to create the piece.

You must identify all the formal elements in the piece and if it applies the context in which it is placed. Please be very specific in describing each part of the art piece you are analyzing and how all the formal elements are placed in relationship to one another and you (the viewer) to create the specific composition you are observing. How does the viewer move across the piece what is causing that movement?, etc.

In addition to the formal analysis which should be the focus. You must also address your interpretation of what the content of the work is and how the formal (visual) elements support that interpretation. It will be important to also write about what the purpose of the work is (to communicate information, for day to day living, personal expression, etc.)

Your written analysis should include but is not limited to the following:

Title, artist, type of work material and size, date, context (if applicable

Visual elements (shape (curvilinear, geometric, organic) Mass, color, line, value, unity and variety, composition, balance, movement, unity, variety, rhythm, stillness, motion (what visual elements cause balance, movement, unity, variety, etc.), scale, point of view (perspective), focal point, emphasis, subordination, etc..

A brief statement stating your opinion of the content of the work. Since this is a formal analysis of a work of art it this statement should be limited to one or two sentences.

Improve the legal-moral and socially responsible behavior

Today, critics of the corporation argue for various corporate governance reform proposals to improve the legal, moral, and socially responsible behavior of the corporation. Which of the following is the most convincing argument AGAINST these proposals?

These proposals are inadvisable because corporate managers should never have any duty other than to maximize profits for the shareholders

These proposals are unnecessary because market forces invariably operate to deter any corporate misbehavior

These proposals are unnecessary because existing law already establishes clear standards for what is and is not moral corporate behavior globally

These proposals are inadvisable because they will reduce corporate ability to respond quickly to changing business conditions and therefore will create allocational inefficiency.

Evaluate elements of a total rewards communication program

 

This research-based assignment focuses on the latest available information about creating, organizing, and managing a total rewards program. Envision a service-based (insurance, telemarketing, or other) profit organization that employs 20,000 employees in 17 different countries. There are 2,000 management-level individuals who speak a variety of languages. The company employs diverse individuals who are governed by multiple regulatory environments.

Write an eight to ten (8-10) page paper in which you:

Create a brief overview of the company requirements for a total rewards system.

Formulate a total rewards strategy to encompass the fundamentals of compensation and the regulatory environments.

Explain the advantages of the total rewards strategy you are proposing and how it might satisfy the employees’ needs.

Determine the key communication components of the total rewards system.

Indicate your strategy for devising a competitive pay structure.

Use at least five (5) quality academic resources in this assignment. Note: Wikipedia and other Websites do not quality as academic resources.

Your assignment must follow these formatting requirements:

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.

Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

Define total rewards and describe the advantages of a total rewards approach.

Analyze an organization’s strategy, workforce, operating environment, and key stakeholders to identify critical factors in designing a total rewards strategy.

Evaluate the elements of a total rewards communication program.

Use technology and information resources to research issues in total rewards.

Write clearly and concisely about total rewards using proper writing mechanics.

Case analysis – john smith

Assignment: Case Analysis: John Smith

Obtaining informed consent for services from clients is required of human services providers; however, it is not always an easy task. Clients typically grant consent by signing documents presented by the agency or the provider that, at minimum, explain the services that will be provided, the client rights, and information on the steps to rescind the consent.

In situations where minors or individuals under some form of guardianship are the clients, it is necessary to obtain consent from the legal guardian or authority. However, there are times when obtaining informed consent is not as simple as asking for a signature from the client or guardian. These situations require more thought by the human services providers with emphasis on balancing the client’s right to consent with other factors that might influence treatment outcomes or decisions.

In this assignment, you will review a case that illustrates the various facets of informed consent.

The Case:

Smith is a thirty-eight-year-old African American male referred for counseling by his mother to address recent incidents of aggression. Smith resides with his mother because he is not able to live on his own. Smith is unable to hold on to a job and has difficulty establishing and maintaining relationships with others. He is open to counseling but thinks his mother is overreacting to his anger outbursts because she is old and does not understand him. Recently, there have been notable conflicts between them due to Smith’s aggressive behaviors that were directed toward his mother.

Tasks:

Analyze the case and in a 2- to 3-page paper, address the following:

What steps would you, as the counselor, take for obtaining informed consent from Smith?

Would you, as the counselor, include his mother in the counseling sessions, if you believe it would help with Smith’s aggression problem? Why or why not?

What is the difference between formal fallacy and informal fallacy?

philosophy 103 logic
CLEARLY IDENTIFY THE PREMISS (ES) AND CONCLUSION IN EACH OF THE 10 ARGUMENTATIVE PASSAGES

a) A well-regulated militia is necessary to the security of a free state; and, as such, the rights of the people to keep and bear arms shall or must not be infringed upon.

a. Tortured prisoners will say or do anything in order not to relieve that tormenting and painful experience. As a result, torture is not a reliable method of interrogation.
b) Expectant mothers should never use recreational drugs,since the use of such recreational drugs can jeopardize the full development and health of the fetus.
c) Contrary to what many people think, a positive test for HIV is not necessarily a death sentence. For one reason, the time from the development of antibodies to clinical symptoms averages nearly ten years. And for another reason, many reports are suggesting that a significant number of people who test positive may never develop clinical AIDS.

d) Forbear to judge other people, for we are all sinners before God.

e) Wisdom is the most important thing in this life. So get wisdom and be happy in life.

f) Mad cow disease is spreading by feeding parts of infected animals to cows, and this practice has yet to be completely eradiated. Thus, mad cow disease continues to pose a threat to people who eat beef.

g) Thinking is a function of a human being’s immortal soul. Human beings have immortal soul and can think. Hence human beings are immortal and can also think.

h) Titanium combines readily with oxygen and other chemical substances can have an adverse effect on burning substances. In conclusion, titanium must not be processed in the vicinity of substances like nitrogen, hydrogen and similar elements.

i) The classroom teacher is crucial to the development and academic success of the average student, and administrators are simply ancillary to this effort. Hence, classroom teachers ought to be paid the equivalent of what the administrators and superintendents make.

3) IDENTIFY AND NAME THE SPECIFIC INFORMAL FALLACY/FALLACIES COMMITTED IN EACH OF THE THESE ARGUMENTATIVE PASSAGES

a) Ms. Oprah Winfrey is an incredibly popular television personality, very influential black entertainer, and one of the richest women in the world today. She said recently that taking Vitamin X & Z products are good and can reduce obesity. So if you do not feel well, take Vitamin X & Z! _______________________________________________

b) Everyone these days is on a low-crab diet. Therefore, you should go on a low-crab diet too in order to do what everyone else is doing! _________________________________

c) Television entertainer and social critic Mr. Bill Maher argues that religion is just a lot of foolish nonsense. But Mr. Maher is an arrogant, shameless, and self-righteous pig. His argument is not worth listening to. _________________________________________

d) Can I ask you this questions: “have you stopped cheating on our examinations, yet”? And also “why do you always like to cheat during examinations?” _____________________
e) Whoever trusts a knife into somebody else or uses it to cut another individual should be arrested and send to jail (prison). But medical doctors and some surgeons, at various medical clinics and hospitals, use knife to cut people up during surgeries or other medical procedures. Therefore, there is no question that surgeons and other medical professionals should be arrested and send to prison. _____________________________

f) The editors of the Daily Register have accused our company of being one of the city’s worst water polluters. But come to think about it, the Daily Register has been responsible for much more pollution than any other business enterprise in the area. After all, they own the Western Paper Company, and evidence shows that that company discharges tons of chemical residue into the city’s river or waterways every day and seven days a week. _____________________________

g) The position open in the accounting department should be given to Mr. Arah. He has six hungry children to feed, take care of and support. Worse still, his beautiful wife is about to divorce him, because he desperately needs an eye surgery to save his eyesight. Mr. Arah really needs some help! _____________________________________________

h) Surely, you are smart and we welcome you to our association with fantastic benefits for joining. If you had not joined, I would ask you to imagine or think of all the money that you could have lost from broken windows, overturned cars/trucks, and the damaged merchandize in your store by our young thugs. _______________________________

i) So many people have been trying for centuries to provide conclusive evidence for the claims of astrology, and no one has yet succeeded. So we must conclude that the truth of astrology is a lot of nonsense. _________________________________________

J) Successful business executives and corporate leaders everywhere are paid salaries in excess of $100.000 for working hard and making proper investments that enable them dress well and look sharp. As a result, the best way to ensure that students will become highly successful entrepreneurs is for them to dress well. ________________________

PART 4:

a) What is the difference between stipulative definition and lexical definition? __________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________

b) What is the difference between fallacy of equivocation and fallacy of amphiboly? ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

c) What is the difference between formal fallacy and informal fallacy? ________________ _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

e) What have you learned so far from taking this philosophy/logic course? ______________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

f) What have you learned so far in this course (in terms of the nature of the discipline, value or benefits of studying/majoring in philosophy, and being exposed to logic?

How would you describe the bounds of the essay? What limits exist on its scope (i.e. specific time period, demographic, region)

Essay #2 Peer Review
SCOPE
How would you describe the bounds of the essay? What limits exist on its scope (i.e. specific time period, demographic, region)? If the scope is large, how else could the author limit the focus? If the scope is narrow, what else might the author want to consider?

Strengths and challenges of beck depression scale

What are some strengths and challenges of Beck’s Depression Scale for assessing emotional status? Do you feel that this scale is a good method to assess emotional status? Why or why not? Provide specific examples to support your position.