The Basis Of The Contract Between The Company And Its Members Case Study - 2

The Basis Of The Contract Between The Company And Its Members - Case Study Example Enforcement of contract arises when one of the parties commits a breach of terms and conditions of the contract. Section 14 of the Company Act 2006 (CA) makes the articles of association, on registration of the company, to become a contract between the company and members and it has been observed by Stein LJ in Bratton Seymour service Co Ltd v Oxborough1that â€Å"it is a statutory contract of special nature with distinctive features†2 Within the perspective of company law, it is of special nature because the terms of contract can be varied by special resolution and its enforcement by the members is limited to a certain extent and no outsider has any rights. And section 33(1) of the CA provides for a number of ways to be different from a normal contract. The provisions of the constitution of a company bind the company and its members in a manner as if there are covenants on the part of the company and on the part of each of its members to comply with those provisions. This position emerges once the company is registered as set in section 33 (1) of the CA. It, therefore, follows that prov isions in the articles are enforceable by the company against its members, by a member against another member, and by a members against the company limited to their membership rights of attending meetings, voting, eligibility for dividend and to assert the rights to ensure that the company is managed as per the constitution. Usually, there will be a condition in the articles to provide for referring by the company to arbitration disputes between the company and members. A company can enforce compliance of this obligation. This is supported by the decision in Hickman v Kent or Romney Marsh Sheep-Breeders’ Association where the court upheld the relevant clause in the articles for arbitration.

Leadership in Non Profit Organizations Essay Example | Topics and Well Written Essays - 2750 words

Leadership in Non Profit Organizations - Essay Example A preliminary review of the literature has revealed that there is a lack of research on leadership specifically in the context of non-profit organizations. This is noteworthy omission as the non-profit organizations have traditionally made a large impact on the socio-cultural and economic uplift of the people, and governments across the world rely on their partnership and support for welfare activities. As such, it is essential to assess what leadership style may be most suitable in the context of the environment in which non-profit organizations operate. There is however, another difficulty in leadership studies related to non profit organizations. This lies in the fact that leadership effectiveness can not be measured simply in terms of revenues or any other objective economic indicator. As such, it becomes difficult to objectively assess the effectiveness of leadership in non profit organizations. The current research therefore proposes that effective leadership should be able to positively impact on the job satisfaction of the employees, which in turn leads to highly motivated and committed workforce. The proposed research is therefore directed at assessing the leadership styles in the non-profit organizations in the USA and their impact on the satisfaction levels of the employees. The research is expected to provide insights about the leadership styles that are best suited in the context of the non-profit organizations.   2. Literature Review   2.1 Non-profit Organizations: Concept, Growth and Development of Non-Profit Organizations    A non-profit organization can be defined as a group organized for purposes other than generating profit and that does not issue stock shares or distribute its surplus funds  to its members, directors, or officers (Young, 2001). The purpose of Non-Profit organization is to serve the public, and not the owners and the members of the organization. There are a variety of non-profit organizations in different sectors, lik e sports, education, health, social services and artistic groups. Non-profit and non-government organizations are legally comprised entities that work independently from the government. The history of a non-profit sector is embedded in the broader political culture and social improvement of a country or a region, and is also impacted upon by cultural and religious factors. The evolution of US non-profit organizations and non-profit sectors is associated with development of constitution of the US society. In contrast to the US, the non-profit sector development in the Great Britain was closely attached to the changing social needs and political confederacy of the time (Anheier, 2005). Non-profit sector is highly developed in U.S due to its relatively low level of social welfare spending and it seems to be the largest among other countries (Agard, 2011). There are more than 8,00,000 charitable non-profit organizations in the United States, majority of them are Universities, hospitals and churches and these entities make up the major part of the sector in terms of assets and employment (Agard, 2011). According to the John Hopkins’ comparative non-profit sector study, over half of the hospital beds are in the non-profit hospitals, half of all colleges and universities are non-profit institutions, 95% of all orchestras are non-profit organizations, 60% of all social service agencies are non-profit (Salamon, et al, 2003). The non-profit sector has a rich and diverse history in the United States. In USA the non-profit organizations are mainly active in three fields: education, culture and recreation, social service. (Salamon and Anheier, 1996). In the context of European countries as well, the establishment of the voluntary

Professional practice and ethics real estate Essay

Professional practice and ethics real estate - Essay Example This study focuses attention on real estate academics and practitioners, process to identify important real estate topics. First, while we explore the natural descriptions and definitions of various terms, we aim to interpret and describe a specific case study raising concerns on professional ethics. Then, in the second phase, the full list of potential solution, responses are collated from different perspectives and for the benefit of various stakeholders - clients, public and the real estate associate.The primary focus here is to be reflective about values, ethics and professionalism in daily practice of real estate. This article not only considers the development of national and international standards for valuers, it also examines briefly the variations and differences in market practice arising from variations in law, culture and custom while acknowledging the general acceptance internationally of the prevalent meaning of market value and ethics by global standards.While urban d evelopment is always political and about values, power is present in all decisions, which might be productive or otherwise and the general assumption in terms of democracy that a public good can be achieved.There is a conscious effort to conceptualise the meaning of ethics and values in real estate, and debate what would constitute ethical practice in a variety of ethical dilemmas; appreciate the meaning of professionalism and ethics to deeply understand the implicit and explicit expectations and responsibilities placed upon professionals in real estate and finally to acknowledge the specific duties owed by professionals to clients, customers and the wider community and understand the concept of professional liability in the context of all the related and relevant laws. The attempt ideally should be to acknowledge and respect social diversity, and critically understand how planning and real estate practice impacts upon different groups in society. Primarily, seeking other counsel; working through informal networks; exposing assumptions; bargain for information; being doubly sure, and negotiate for more clarity should be defined purpose of every ethical attempt in a profession. Code of Ethics in the profession of Real Estate It is very important to recognize that the interests of the nation and its citizens require the highest and best use of the land and the widest distribution of land ownership, upon which depend the survival and growth of free institutions. They require the creation of adequate housing, the building of functioning cities, the development of productive industries and farms, and the preservation of a healthful environment. Such varied interests impose obligations beyond those of ordinary commerce and deals. They evoke serious social responsibility and a duty to which real estate associates should dedicate themselves, appropriately well prepared. In recognition and appreciation of their obligations to clients, customers, the public, the real estate associates continuously strive and aim to remain informed on issues affecting real estate. They should identify and take steps, through enforcement of Code of Ethics and by assisting appropriate regulatory bodies, to eliminate practices which may damage the public or which might discredit or bring dishonor to the real estate

Open and Closed Source Systems Essay Example | Topics and Well Written Essays - 250 words

Open and Closed Source Systems - Essay Example Under each category there are many items / applications, for example, the application software include: Mozilla Firefox – a web browser, OpenOffice – an office suit, Eclipse – an integrated development environment, 7-zip – a file archiver or compressor etc. The operating systems include: the Linux, Android – a mobile OS, FreeBSD etc. Closed source software also known as proprietary software is computer software which is only available without source code and licensed under limited legal right as per provided by the copyright owner. The buyer of the propriety software is permitted to use the software having restrictions on modifications, redistribution, update / upgrade or reverse engineering and it is typically owned by a single organization. In other words, the proprietary software is the property of the owner / developer / publisher that cannot be copied or modified, with an appropriate price and need to comply the license agreement (National Taiwan University, 1991). There are several examples of Operating Systems including Microsoft Windows 7, Microsoft Server 2000, and Microsoft XP

Media kit for small business. Galaxica Media Essay

Media kit for small business. Galaxica Media - Essay Example The role of media in the sustainability of business assumes importance as media largely act as a tool for communication and have a significant role in positioning the firm in the business market. This is completely in tune with the Morgan’s metaphors which states that the business leadership should have abilities to analyze activities and devise alternative strategies. The study would contain the media kit for the firm with regards to its maintenance of sustainability while including elements like company policies as well as financial and human resource strategies of the organization. Company Fact Sheet Company Name Galaxica Media Location & when it was founded Galaxica media was established in November 2010 in London, UK. The company is presently headquartered in London UK. Mission Statement The mission statement of Galaxica media is stated below: The company aspires to be a customized service provider that provides multimedia solutions to businesses. The company aims to provide clear and simple multimedia programs designed to meet the individual needs of retail as well as corporate clients. The company would also provide multimedia solutions at an attractive price and provide continuous customer support to ensure complete satisfaction of the customer. Products Offered Galaxica media is mainly engaged in the entertainment business industry with its main product portfolio being in the area of animations and multimedia. The company’s product offering includes customized support for web design and multimedia effects for the entertainment industry. The company also provides web design support to different organizations. The company also provides 3D visual interfaces to customers engaged in the business of providing fun and entertainment. The web design team helps different organizations to design their websites according to their individual needs. This includes use of high end graphics that are designed keeping in mind the individual needs of the customers. Customers Targeted Galaxica media targets corporate clients which includes participants of the media industry. The company’s customized products are largely being used by media houses for their entertainment programs. The main clientele of the company forms the media a nd advertisement industry players who normally outsource some of their content creation and design to other players that have expertise in the area of graphics and multimedia. The clients of the firm also include business houses that generally outsource their web design aspect to include better graphics and looks. The company also targets different public sector organizations for design and development of their websites. Corporate Social and Ethical Responsibilities of the Company Corporate social responsibilities at Galaxica media would include strategies that tend to

ELS Paper Article Example | Topics and Well Written Essays - 500 words

ELS Paper - Article Example While performing these functions, the business administrator must search the environment for potential growth and expansion, and financial viability. The importance of business administration is usually misunderstood and poorly implemented because people target output, instead of the process of management (Longenecker, 2012). Business administration needs to focus on good management practices, in addition to addressing the challenges of managing the internal and external environments. This provides the strategies and foundations for confronting business administration challenges. Business administration of a small business should consider the external environment of its operations. Traditional business organization implies that a business has a social contract with its customers, employers and employees. Adhering to fixed sets of standards and obligations, in addition to defined responsibilities and roles will enable the business administrator to meet the objectives of the small business. The organizational structure of a business is conceptualized by the business administrator. The structure guides the business as it interacts with its external environment (Longenecker, 2012). As a result of the organizational structure, business administrator should internalize the ever increasing organizational functions. Business administration is also concerned with external environmental factors such as the role of government agencies in the marketplace. Business administration of internal environmental issues involve the management of issues such as communication, balancing personnel and schedules, setting responsibilities and tasks and managing business teams. The business administrator must ensure that people in the workplace communicate effectively. Effective communication plays integral roles in the management of operational activities. Open communication strategies ensure that the business can respond to external and internal environmental issues effectively

Brighter Cleaning Essay Example | Topics and Well Written Essays - 1000 words

Brighter Cleaning - Essay Example y dynamic, comprising of factors that keep changing, for instance, customers’ tastes and preferences are never static, they keep changing in the face of technological advancements. In the same way, it is important that marketing strategies also keep changing in order to remain relevant and effective in the changing business environment. The name of my company is a Brighter Cleaning Company, which is located in Fort Wayne, Indiana. The company has 100 employees and over 10 years experience. The number of employees and experience puts the Brighter Cleaning Company in a position to handle any size of customers. Brighter Cleaning Company main focus is supplying cleaning products to the businesses around. The company offers products to some parts of Ohio: Defiance, Bryan, Plymouth, Peru, Lima, Napoleon, Celina and Coldwater. Other areas that the company’s products have gained popularity are: Auburn, Anderson, Angola Bluffton and Fort Wayne just to name a few. The Brighter Cleaning Company offers janitorial equipment and cleaning solutions products for furniture and floors. The cleaning products and janitorial equipment help in keeping the work places clean and free from germs. The products can be categorized into three major areas: equipment, paper products and cleaning chemicals. The specific products include brooms, brushes, dustpans, chemicals, dust mops, dusters and cleaning pads. Additional products are floor and furniture care, janitorial carts, paper products, rags and wipes. The Brighter Cleaning Company also offers receptacles, personal care, trash bags, liners, recycling equipments and replacement parts. The company’s mission statement is stated as; to become the leading provider of reliable and efficient cleaning services that leaves the workplace and other environment sparkling clean, free from germs and disease causing micro-organisms, as well as other health hazards. In achieving this mission, the company has so far identified janitorial