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Corporate Law Case Study
Capital Pty Ltd is inquiring into the Commissioner of Tax s notice disallowing the tax deduction for bad debt. The Commissioner based the argument on the premise that Capital Pty Ltd is a mere appendage of Eastfield Ltd. This being the case, it is necessary to examine the exact relationship between Capital Pty Ltd and Eastfield Ltd and determine the likelihood of the courts lifting the corporate veil.
Separate Entity
Salomon v Salomon amp; Co established the key principle that an incorporated company is a separate legal entity from its founder, shareholders and directors . To further this point, the Albazero case provided authority within a group of companies, whereby each company is a separate legal entity with distinct legal ... Show more content on Helpwriting.net ...
This is verified by the fact that all of the profits of Capital were to be distributed to Eastfield through a dividend payment. Secondly, the subsidiarymust be actively conducting the business as appointed by the parent. Since Capital Pty Ltd was initially set up for the financing needs of Eastfield, and solely used the workforce of Eastfield, this second criteria is met. Further, since Eastfield decided on a strategic plan which called for a new corporate structure , essentially supplying the debt finance for Eastfield, it can be said that Eastfield was the head and brain of this trading venture, thus meeting the third criteria. Additionally, as Eastfield decided all decisions regarding this capital funding structure, the 4th agency principle is met; whereby the parent company governs the venture and determining capital structure. Since Capital earned significant interest income...from the repayment of the various loans...undertaken by Eastfield it can be established that the parent company, Eastfield, maintained profits through its own skill and direction towards the subsidiary. Lastly, the parent company must be in constant and effectual control, which is confirmed by the fact that all the directors of the subsidiary company, sit on the board of the parent company, thus establishing constant and effective control. Through the above mentioned, it can be significantly argued that Capital and Eastfield meet all 6 requirements that
Social and Economic Development in Colonial Virginia in...
The seventeenth century marked the start of great colonization and immigration to the New World that was North America. Mainly in on the eastern coast of what is now the United States, England established colonies on this new land to thrive socially and economically. The English government readily sent its citizens to America to exploit its abundant source of raw materials and the English people exponentially came to the colonies to start a new life for themselves and to thrive socially. In Virginiaduring the seventeenth century, the geographical attributes in this region allowed the establishment of the cash crop tobacco to rapidly transform the colony socially and economically. Particularly in the Chesapeake Bay, the goal of social and... Show more content on Helpwriting.net ...
The land became rapidly exploited and cultivated to produce tobacco. After the establishment of this cash crop, tobacco was glorified and largely advertised in both the colonies and England. As well as its large cultivation of tobacco, its connection to what became known as the Chesapeake Bay served as a prominent economic aspect to Virginia. By mid century, the establishment of indentured servants had been regulated and used frequently by plantation owners. This being a prominent factor to Virginia s social development, its downfall and rise of slavery also played a prime role in social transformation. Bacon s Rebellion in 1676 was the first rebellion in the colonies and it largely resulted in the hardening of racial lines with slavery. The plantation owners and farmers now saw it as a dangerous asset to have white indentured servants as workers and also saw having slaves as a much higher profit. By the establishment of the Virginia colony and its use of producing the tobacco cash crop, boatloads of slaves were brought to work and profit the upper class plantation owners. What became known as the Middle Passage became nothing more to the white upper class than profit and population increase. At the end of the seventeenth century, it was established that 40,000 people lived in Virginia however the number of slaves brought to the colony was unknown. With the progression within the
The Origin Of A Cranium
Introduction
Since the migration of the first group of homo sapiens from Sub Saharan Africa millions of years ago, the diversification of the human cranium has grown exponentially. As the population continues to intermix and increase, so will the complexity in the features of the cranium. Diversification of the cranium will not only be unique to the individual, but a key aspect of identifying that individual, if a biological profile were to be compiled by a forensic anthropologist. Henceforth, determining someone s ancestry from their cranium, is one of the most complicated and unique aspects of the skeleton. So, must be examined with the utmost consideration.
To determine the ancestry of a cranium, there are two potential aspects investigated; the morphological features and metric points of the cranium. Morphological determination uses specific features of the skull and is compared to standards already published in literature. Metric, on the other hand, is the use of measurements between specific landmarks on the cranium. Which can then be input into the specialised computer programmes: FORDISC(Ousely Jantz, 1998) or CRANID(Wright, 1992) to estimate the ancestry of that individual. There are ,however, benefits and flaws to each method, which can affect the reliability and accuracy of the ancestry acclaimed.
Morphological (non metric)
Non metric assessment of ancestry, uses the ascertainment of features of the cranium by the observer and an estimation of the ancestry,
An Report On An Industrial Control System
An industrial control system (ICS) includes the devices and systems that are used to manage industrial production and operation. ICSs include systems that monitor different types of utilities, such as gas, electrical, water, and sewage (Chapple Seidl, 2015, p. 243). The ICSs are an attractive target for an APT because damaging or destroying an ICS can have a crippling effect on a wide region. To counteract the malicious goal of the enemy and protect its resources and weapons, the military often utilizes a Kill Chain, sometimes referred to as a kinetic Kill Chain. The concept of a Kill Chain is best described as a series of steps that involves finding a target, tracking it, and eventually attacking it with the intent to either damage or... Show more content on Helpwriting.net ... He can do it by looking for publicly available information on the Internet. (p. 1). The APT probably used Active Reconnaissance to gather information about the computers connected to the power plant network. It amassed useful information by using common Internet tools and services. By using port scans, the APT was able to discover the ports that were opened on the servers, which subsequently revealed the services that were running on the servers. At that point, the APT could have attacked the vulnerable ports to gain access to the computer systems.
The APT also might have taken advantage of the Passive Reconnaissance techniques to attackits target. By using tools, such as NSLOOKUP, TRACERT and WHOIS database, the APT could have gathered information about the domain names, computer names, IP addresses, DNS resource records, host names, SMTP servers, and Web servers. Once the APT had gathered all the data, it could have used more advance tools like NMAP. Tools such as NMAP allow the use of TCP fingerprinting, which could have led to the discovery of the operating systems that were running on computers at the power plant. The APT could have also used TELNET, FTP and HTTP to gain information about the Web servers, browsers, plugins, etc. With information on operating systems, open vulnerable ports, and the services at its disposal, the APT could have launched a DDoS, buffer overflow exploits, and other attacks against the target.
The first step in the Cyber Kill Chain is
Milkweed Response To Herbivory
Resource allocation as a result of herbivory has been predicted in plants, but of late has only been investigated. One way to determine resource allocation as a defense to herbivory is to measure both above ground and belowground biomass and calculate root:shoot ratio as an indicator of resource allocation. This study investigated the induced pattern of defense of resource allocation to root:shoot ratio as a response to simulated mechanical herbivory. Monarch butterfly larvae herbivory were simulated through mechanical herbivory of four treatments. It was found that there was a significant difference between species, but there were no significant differences between treatments. This study examines the divergent evolutionin three species of milkweed responses to herbivory.
Introduction
Induced responses to herbivory are universal occurrence in ... Show more content on Helpwriting.net ... tuberosa, exaltata, and sullivantii).The genus, milkweed, is a native weedy plant that occurs throughout eastern North America in numerous habitats such as roadsides, wooded areas, prairies, and mesic environments (Van Zandt and Agrawal, 2004). A. tuberosa is a species of milkweed that favors dry, sandy soil. A. exaltata is found in moist wooded areas in partial to full sun. A. sullivantii is a prairie species of milkweed that is common across North America. Milkweed is the major food plant for migrating monarch adults and their larvae. When damaged, milkweed plants immediately exude white latex that serves as a physical defense barrier to herbivores. This latex, along with all other plant parts, varies on their effectiveness depending if the herbivory is a specialist and generalist (Malcom and Zalucki, 1996). Resulting from a herbivory event, a plant will respond by allocating resources to belowground biomass thus increasing the root:shoot
Charlemagne s Reign
Charlemagne s rule lasted from 768 814 AD. He was king of the Franks from 768 814, king of the Lombards from 774 814, and Emperor of the Romans from 800 814. He expanded the Frankish Kingdom that incorporated much of Western and Central Europe. During his reign, he conquered Italy and was crowned Imperator Augustus by Pope Leo III. He was born into a great family; both his father and grandfather were rulers of the Franksbefore him. Charlemagnewas crowned Emperor of the Romans in the year 800, and he proved himself as a great ruler throughout his reign. He began the Carolingian Renaissance, a revival of art, religion, culture, and education. He saw the need to expand education, and so throughout his life he worked hard to do so. Throughout... Show more content on Helpwriting.net ... When Pope Leo III was ambushed by a group of Roman aristocrat rivals, he summoned Charlemagne for help, because he could no longer fend off his enemies in the city. After Charlemagne calmed representatives from both sides and restored Leo to power, the pope wanted to show his gratitude. He called Charlemagne to St. Peter s Cathedral in Rome on Christmas day 800. Charlemagne was kneeling before the altar in prayer when Pope Leo III approached him from behind and placed the imperial crown on his head. It was then that Charlemagne received the title Charles Augustus, Emperor of the Romans. Leo placed the jeweled crown on Charlemagne s head, and from then on, he was hailed the king. However, Charlemagne was not very much interested in Pope Leo s offering. Had Charlemagne known what was to happen on that Christmas day, he never would have attended the mass. Charlemagne had no intention of being absorbed into the Roman Church. It was not that he didn t want to be Emperor of the Romans, but he just did not want to receive the title as a gift. He wanted to achieve the role of King on his own instead of having it handed to him. However, he did accept the crown. The bottom line is that Charlemagne did not achieve the role of Emperor of the Romans on his own, but instead, the crown was thrust upon
The Importance Of School Choice
It is almost July, and the youth of Cambridge are becoming accustomed to their (brief) period of summer freedom. For most, the law says they must go back to school in September. There is no choice. But for some there is a difference. Teenagers who will soon arrive at the age of sixteen will suddenly find a law that is in their favor and for the first time they can make their own choice about going to school. If sixteen year olds decide not to go to school, no truant officer will come chasing after them trying to force their attendance. Whether kids stay in school or not, that is a matter for their own independent choice. INDEPENDENT? Here we are getting ready for July 4th and no one has identified a special role for youth. Think about... Show more content on Helpwriting.net ... We hold these truths to be self evident, that all boys and girls are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, schools are instituted among boys and girls, deriving their just powers from the consent of the governed. That whenever any form of schooling becomes destructive of these ends, it is the right of the students to reject such institutions at the earliest legal opportunity, and to institute new forms of personal education, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that schools long established should not be rejected for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses, pursuing invariably the same object, evinces a design to reduce them under tedium, boredom, testing and and bullying, it is their right, it is their duty, to reject such schooling, and to provide new methods for their
Analysis Of The Hashtag
Everyone has had that secret moment with their friends that no one knows about. You know, that moment when one friend says the code word an all of you all burst out laughing. The insider that only your friends and you know about and no one can relate to unless they were there. Trending around the country is the new hashtag phenomenal #growingupblack. The hashtag has become a fun way for the black community to bond together and reminisce about childhood memories. Although, the hashtag started on social media the statement of the hashtag #growingupblack has a deeper message. In between the lines #growingupblack is a form of activism that is continuously spreading with the help of social media. The hashtag #growingupblack is the ultimate insider that the black community nationwide can relate too. The hashtag growingupblack is self explanatory. The hashtag recounts the good, bad and hilarious moments about the experiences of growing up black. Rather, it recounts the time you went to the store and your mother told you not to touch nothing or that memory when your mother warned you to be in the house before the streetlight came on, it takes one down memory lane. For, many the hashtags brought back laughable moments. This hashtag created rib tickling visuals (meme) of ones most precious moments. The hashtag #growingupblack was an open opportunity for the black community to willingly embracing and accept, the things that may have been extremely embarrassing moments in one s
Coaching
Diane Stevenson
Regent University
LDRC 502
Leadership
Coaching: Convergence
Spiritual Life Coaching
When we look at the role of coaching and how it speaks to a person s spiritual life we first must understand the definition of coaching. Whitmore (2001) quoted Gallwey s definition of coaching as Coaching is unlocking a person s potential to maximize their own performance. It is helping them to learn rather than teaching them (p. 8). There are several definitions of coaching that attempts to pinpoint or identify the various types of coaching. Harkavy (2007) shared what the purpose of a coach is, Your purpose as a coaching leader is to add the most value to the people you lead and to help them improve (p. 4). This definition of ... Show more content on Helpwriting.net ... Those with the right attitude will embrace their role as a positive reinforce and they will strive to help others see themselves as God sees them. The coach will build up, strengthen and encourage the client with the love of Christ as they provide professional coaching. Crane amp; Patrick (2005), suggested Coaching requires the very best from all aspects of our humanity. It is not a path for the weak hearted or for people who are afraid to grow. It is a path for the courageous and for people who are committed to making a difference in the lives of those they touch through coaching (p. 217). The spiritual aspect of coaching as it relates to this previous quote is that we must be willing to be like the eagle as shared in Isaiah 40:3, But those who wait on the Lord Shall renew their strength; They shall mount up with wings like eagles, They shall run and not be weary, They shall walk and not faint. The effective coach must be willing to stay in for the long haul, when things are not moving as quickly as you would like.
O Neill shared that there may be times when what you are coaching and what the direction of the company may lose its clarity or maybe the coachee has lost focus. O Neill (2000), stated, May leaders try to suppress ambiguity, rather than acknowledge it, even to themselves (p.26). The best way to handle a situation like this is to deal with it head
Christian Crusader Mistakes
Throughout history, society has always had different beliefs regarding the origin of life and the existence of its creator. (Atheism 13). God has been viewed as a paternal figure and the missing link in some people s lives (argyle 9). On the other hand, there are individuals that do not believe in anything and live their lives day by day. As the world ages, claims stating that religionhas had a negative impact on humanity has become a subject of discussion. These claims are mostly supported by the mistakes of the Christian crusaders in early Europe history. Realistically, religion has not brought war and violence, the Crusaders could not accept others views and became driven by greed, which ultimately influenced them to abandon... Show more content on Helpwriting.net ... Before the first crusade, Christians persecuted Jews because they were short of cash and knew the Jews had money (jews and crusaders 14). They concluded that it would make more sense to fight pagans in Europe rather than the Middle East. If the crusaders were driven by religion, distance and money would not have been factored into their decision making process. For example, distance should not hinder a true believer from doing what is considered righteous nor does money have any correlation to God. During the siege of Antioch, Bohemond would not let the other crusade leaders in unless he could keep the city (principality 37). Bohemond s actions are considered selfish and show that his motives are not to help his fellow Christians, but to take advantage of property opportunities. In 1100, the third wave of crusaders left Europe to achieve the status of medieval legend. They were inspired by myths regarding other crusader successes. When they should have been stimulated by being able to serve their Lord and Savior. Religion is not the source of greed, but merely a tool that is victimized by people that refuse to hold individuals accountable for their