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Research Project Starbucks Assignment

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CORPORATIONS LAW

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Question 1- Advice for incorporating and registering Company with reference to Statute law and law principle operating in Australia

 

In the view of expanding the property, Richard borrowed the neighbouring property adjoining his olive grove in the region of Hunter Valley of NSW. His two sons helped him in expanding the work to the business market. The opportunities were provided for rising of capital from accepting the statute law and business principle of Australia.

As per Birkhauser and Wilkins, (2015, p.185), the rules of Australian Statute law the tax benefit provided to the corporate working as per the organized rule of company structure under Australian Law of incorporate. The limited liability is the option for expanding the business operation. The Steps involved in incorporation of the new company under the corporation law of Australia are discussed below

The ASIC conducts the operation of incorporating the company under the Corporation Act 2001. The main requirement to be determined by a person for incorporation is

Step1. Structure of business- According to Arregle and Essen, (2017, p.831), all of the registration of should be updated for maintaining the business structure, the structure of business which is convenient and suitable for operating. A company is a legal entity owned by the individual which could operate throughout Australia. The usage of tax rate and corporate liability could also be used. The type of a company classifies the business by holding of share. The loading of the annual return and renewing of the name of the business when required should be maintained.  The corporation act 2001 keeps the record of the company details regarding the product and services dealing with the company financially. The requirement if taxation by identifying the business type for GST of PAYG is determined by the corporation act 2001.

Step 2- Naming and Premises selection- Selecting the name of the company is the second task while incorporating the company.  While choosing the name of the company the uniqueness of the name should be researched. The name should have such that could attract the customer at once but meaningful (Hallsworth and Vlaev, 2017, p.14).

The selection of premises and leasing of the premises is compiled under Retail Shop act 1994. The solicitor is indicated to read the agreement carefully before signing the lease agreement.  The government and the local council would assist and direct by looking at the type of business structure of how many numbers of people would engage in the work.

Step3- Internal Governance- As per Blackburn and Tanewski, (2018, p.85), governance of company business by government internally is required by most of the company, except the private company which is having an individual director with the single holding of share. The Australian corporation Act 2001 prescribe some rule which could not be negotiated. The internal governance is related to the removal and executing the director, arranging the process of the meeting with director and company member. 

Step4. Record of the number of Shareholders- The company which is to be incorporated should have the written consent with a valid signature from each member who is willing to carry out the business. The consent letter is not required to be submitted to the ASIC for registering the company. The letter is for the sake and benefits of the company owner for keeping a record of the list of member and its conduct.

Step 5- the manner of operating the work and how to implement the plan is to be considered while registering the company. The company could be operated in three ways

  1. The rules which are replaceable and implement as per the general rules of the company under the corporation act. The type of company which does not require following the company constitution could adopt the replaceable rules of corporation act (Crayon and Steigerwald, 2017, p.24).

  2. The corporate have some constitution written underlined in the Corporation Act 2001 which could be followed for proper management and gaining royalty from the viewers and customer.

  3. Company with one holder does not require to follow replaceable rules, Specific rules for sole directors and proprietor are corporate, later it is changed when the new member is joined.

Step6. Registering of the company could be done by the software available online or by sending the required documentation to the ASIC. The registering company would then provide the ACN which is applied by the corporate director for ABN and finally, the certificate of registration is sent for incorporation (Faccio and Xu, 2015, p.277).

Question 2 – Advising Terry for taking action against Lazarus Pty Ltd, CMS under Australian Taxation Law

Issue

 

 According to Powles and Gaines, (2016, p.649), CMS is the sector indulging in the mining operation of lead, copper, and zinc at Gunbarrel. In Western Queensland, all of the mining equipment of CM was leased with help of New Vision bank Ltd. the rest of the equipment of CM is leased out to CMS at the charge of per annum similar to the cost plus of 10%  equalising the bank rate.

Due to the water supply contamination close by the river CMS by the activities indulgence of mining has attracted numerous media as observed by the scientist. Due to the consumption of contaminated water by the flow of chemical from CMS into the river, the people of Gunbarrel and the resident had suffered from cancer. The general meeting was called by the CMS for addressing the liability of the company employee and even the people of the Gunbarrel. The employee voted for selling off the business of CMS to the newly emerging business Lazarus Pty Ltd and closing off the CMS. Terry, a resident of the Gunbarrel had suffered from cancer due to the consumption of contaminated water, thus require knowing the procedure and laws applicable to taking action against Lazarus Pty Ltd.

Laws

 

As per Vegh and Vuletin, (2015, p.327), the environment protection and Biodiversity act of 1999 (EPBC Act) has created a strong structure of protecting of the environment and conserving the diversity of environment. The larger range of enforcement was mechanized for management of the suspicion and identifying the compliance for projects. The compliance is maximized b the Australian Laws emphasizing the activities of the industry towards the harming of the environment. The Compliance maximizing of EPBC by the government of Australia is structured in the EPBC Act of compliance and enforcement policies. This emphasis on the measurement of the compliance enforcement of the law for managing the liability caused to the company and resident of the location.

The compliance of the enforcement act includes:

  1. As per Hallsworth and Vlaev, (2017, p.31), the severe activities harming the environment by the industry is liable for the civil and criminal. The individual or the corporate sector or industry as a whole entity could be penalized for this activities. The fault or misleading activities information regarding the injury of a person due to activities of the industry could also be penalized under this act.

  2. The order to mitigate the obligation and determine to repair the damage to the environment results from the contravening of the act of EPBC.  The policy assists in mitigating the fault by the company for future compliance (Hinze et al. 2017, p.361).

  3. The enforcement policy undertakes the activities for enforcing the verdict for negotiating for the damage placed by the industry or corporation to the environment. The industry is negotiated for civil penalties for compliance of the future.

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