Essay writing prompts
5Th Grade Expository Essay Writing Topics
Thursday, September 3, 2020
Respect In The Army
A Noncommissioned Officer's obligations are various and must be paid attention to. A NCO's obligation incorporates dealing with officers, which is your need. Pioneers must know and comprehend their officers all around ok to prepare them as people and groups to work capably. This will give them trust in their capacity to perform well under the troublesome and requesting states of fight. Singular preparing is the guideline obligation and duty of NCOs. NCOs are capable to satisfy their individual obligations, yet additionally to guarantee their groups and units are successful.NCOs are responsible for your own direct and that of your troopers. Noncommissioned officials have three sorts of obligations: determined obligations, coordinated obligations and suggested obligations: indicated obligations, direct obligations and inferred obligations. Indicated obligations are identified with occupations and positions. for example, Army guidelines, Department of the Army general requests, the Unif orm Code of Military Justice, officer's manuals, Army Training and Evaluation Program Publications and MOS sets of expectations indicate the obligations. Direct obligations are not indicated as a feature of work position or MOS or other mandate. A predominant gives them orally or in writing.Directed obligations incorporate being accountable for quarters or filling in as sergeant of the gatekeeper, staff obligation official, organization preparing NCO and NBC NCO. Inferred obligations regularly bolster determined obligations, yet at times they may not be identified with the MOS work position. These obligations may not be composed yet inferred in the guidelines. They're obligations that improve the nature of the activity and help keep the unit working at an ideal level. Much of the time, these obligations rely upon singular activity. They improve the workplace and spur troopers to perform in light of the fact that they need to, not on the grounds that they have to.For model, while not explicitly coordinated to do as such, you hold in-positions reviews day by day to guarantee your fighters' appearance and gear are up to gauges. As a Noncommissioned Officer and a pioneer you should guarantee that your troopers unmistakably comprehend their obligations as individuals from the group and as illustrative of the Army. Officers set generally speaking arrangements and guidelines, yet all pioneers must give the direction, assets, help and management important for troopers to play out their obligations. Strategic requests that officials and NCOs cooperate to prompt, help and gain from each other.There are two classes a Noncommissioned Officerââ¬â¢s obligations fall under: order and individual duties. Order obligation alludes to aggregate or authoritative responsibility and incorporates how well the unit plays out their missions. For instance, an organization officer is liable for all the undertakings and missions allocated to the organization; his bosses consider him re sponsible for finishing them. Administrators give military pioneers the obligation regarding what their areas, units, or associations do or neglect to do.NCOs are in this manner dependable to satisfy their individual obligations, yet in addition to guarantee that their group and unit are fruitful. The measure of obligation designated to you relies upon your crucial, position you hold and your own readiness to acknowledge duty. Singular obligation implies you are responsible for your own direct. Fighters in the Army have their own obligations. Singular duty can't be designated; it has a place with the officer that composed the check. Officers are responsible for their activities, to their individual troopers, to their pioneers, to their unit and to the United States Army.As a pioneer you should guarantee that your warriors see unmistakably their obligations as individuals from the group and as delegates of the Army. Generally, officials were conspicuous blue-bloods or landowners who got a commission from the countryââ¬â¢s ruler, allowing them to raise and train military units. On the other hand, the enrolled were ââ¬Å"the regular folkâ⬠the officials drove into fight. This was once obvious even in the United States: Military units were raised for the Civil Was by rich and unmistakable network individuals, who might acquire a commission to enroll and prepare the individuals in their hometown.Today, charged officials in the United States Military are no longer gentry, and the enrolled a long way from being laborers. Be that as it may, officials are as yet the essential wellspring of expert in any military unit, and the position keeps up a portion of its refined family, as epitomized in the deep rooted state, ââ¬Å"officer and a man of his word. â⬠A charged official's obligation is to lead. On the off chance that the regular citizen likeness a private is a low level industrial specialist, and the sergeant that of center supervisor, at that point a ppointed officials are the upper administration and executives.Officers are required to come out of preparing ready to promptly assume responsibility for around forty enrolled troops â⬠a company. An officerââ¬â¢s vocation advances by accepting bigger orders and more noteworthy degrees of obligation; from a unit to an organization, an organization to a contingent, etc. Dispatched officials are required to have a sharp brain and balanced instruction, so with not many exemptions they should have in any event a bachelorââ¬â¢s certificate to get a commission.
Saturday, August 22, 2020
citizenship in the world merit badge prerequisites 1-4 essays
citizenship on the planet merit identification requirements 1-4 expositions Citizenship in the World Merit Badge 1. (a) Citizenship is, as characterized my Merriam Webster is the nature of a person's reaction to participation in a network. An individual can turn into a resident of the United States by more than one way. A resident of the United States is a local conceived, outside conceived, or naturalized individual who owes loyalty to the United States and who is qualified for its assurance. Notwithstanding the naturalization procedure, the United States perceives the U.S. citizenship of people as indicated by two essential standards: right of origination, or right of blood. On the off chance that an individual is conceived in the United States, at that point that individual turns into a resident by right of origination, except if they are the offspring of a leader of another state or a remote representative. On the off chance that an individual is brought into the world outside of the United States, and that people parent/guardians are residents of the United States, at that point the youngster will turn into a resident of the U.S. by right of blood. The US Congress chooses how citizenship is passed on by a U.S. resident parent or guardians as per right of blood. Another approach to turn into a U.S. resident is by the naturalization procedure. To turn into a resident if an individual is from another nation they should satisfy the necessities built up by Congress in the Immigration and Nationality Act (INA). The general prerequisites for managerial naturalization include: a time of consistent home and physical nearness in the United States; habitation in a specific INS District before recording; a capacity to peruse, compose and communicate in English; an information and comprehension of U.S. history and government; connection to the standards of the U.S. Constitution; and, ideal manner toward the United States. One can turn into a resident in different nations by either turning into a resident by right of origin, right of blood or naturalization, as in the United States, in spite of the fact that ... <!
Corporate Social Responsibility and Human Rights free essay sample
This carries me to the framework hypothesis. A framework has interconnected parts that rely upon one another to build up the common objective, which is an effective focus. The interconnected parts are the earth, the procedures, and the results. Every part needs the help of the other to keep the shared objective. As indicated by Bloom the framework hypothesis is, ââ¬Å"A set of interrelated parts that is described by the association of its parts and it separation from its condition, a mind boggling system of social connections, and its own exceptional culture. â⬠(Bloom, 2005, p. ) the earth is where info is actualized. At the point when I think about a childcare community condition I consider kids and how they create. I think about the environment, the setting, and the conditions that can start the chil dââ¬â¢s scientific reasoning capacities. In any case, that is only the inward condition. The outer conditions comprise of the guardians, supporting organizations, neighborhoo d networks, authoritative bodies, and the expert networks/instructors. We will compose a custom article test on Corporate Social Responsibility and Human Rights or on the other hand any comparable theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page ââ¬Å"The outside condition places imperatives and requests on the inside. â⬠(Bloom, 2005) The outer condition is the info and preparing stage. This is a joint effort of individuals and offices that surface with systems to help the advancement of the inside. The focuses that have supports have cash and organizations that create strong projects, for example, workmanship, education, and innovation. Columbia College supports the middle that I work for. The inside utilized the cash Columbia offered them to built up a program for the instructors to gain proficiency with the significance of craftsmanship and how an individual can use workmanship for the duration of the day. Guardians, supporting organizations, neighborhood networks, authoritative bodies, and the expert networks/instructors are huge factors on the info and preparing stage. Guardians may request that the understudies have all the more free play and outside play. The supporting organizations may require more result information. The nearby networks may request that the middle prevent the understudies from composing on the ground with chalk. The Legislative bodies may require the understudies to take shorter snoozes for progressively net engine exercises. The expert networks may request better wages for their degrees. (Sprout, 2005, p. 6) After the contributions of grievances or recommendations the executive needs to structure and procedure how to build up a game plan. Getting criticism from the sources that requested the progressions is basic. In the wake of building up a strategy the executive can remain back and watch if the progressions are working or not. This framework permits the executive to process the changes, actualize the changes, and overhaul the progressions if necessary to consul the change. The result procedure is significant on the grounds that it could either sink or sail a middle. On the off chance that the adjustments in the program are not bolstered by staff, and guardians this may turn into a difficult that causes low enlistment, and staff turnovers. I am encountering these dangerous issues at the middle I work for. Four years back the middle recruited another executive. During the four years she has made heaps of changes. She changed study hall instructor groups. She shut study halls that were acquiring the understudies. She put educators in baby homerooms when they would not like to work with babies. As of late she upheld shut grounds lunch. Nobody can go out for lunch. You need to arrange your lunch or bring your lunch from home. She expressed that it was ordered by the state. She gave all the instructors the head-begin authorizing guidelines that expressed the educator youngster proportion. It said nothing regarding our lunch break. We likewise have low enlistment. Guardians are griping about teachersââ¬â¢ confidence and the directorââ¬â¢s disposition. How you execute change can influence the result and cause staff and guardians to be displease. As Bloom expressed, ââ¬Å"Problems can emerge when executives and sheets need satisfactory information and bas choices about results on induction. â⬠(Bloom, 2005, p. 16) My executive didn't work together with her condition. She is a despotic pioneer. She is a despot. She doesn't offer anybody a chance to be associated with the dynamic procedure. As it expressed in the article Leadership Styles, absolutist pioneers are incredibly controlling and paternalistic, where pioneers have total control over their staff. Staff and colleagues have little chances to make proposals, regardless of whether these would be in the teamââ¬â¢s or the organizationââ¬â¢s wellbeing. (Instruments) If my chief dealt with the middle in a People situated/connection arranged methodology I accept the inside would not be I such an emergency. Individuals arranged/connection situated methodology pioneers are completely centered around sorting out, supporting, and building up the individuals on their groups. They treat everybody in the group similarly. Theyââ¬â¢re amicable and agreeable. They focus on the government assistance of everybody in the gathering, and they make themselves accessible at whatever point colleagues need assistance or guidance. (Devices) Directors should be aware of how they lead. A chief needs s to realize how to mentor, coach and deal with the staff. Directing isn't he approach to lead. On the off chance that my executive teamed up with the staff, guardians, and the network I accept the result would be unique. Training and coaching isn't guiding an individual.
Friday, August 21, 2020
Geography of the United Kingdom
Geology of the United Kingdom The United Kingdom (UK) is an island country situated in Western Europe. Its property region is comprised of the island of Great Britain, some portion of the island of Ireland and numerous littler close by islands. The UK has coastlines along the Atlantic Ocean, the North Sea, the English Channel, and the North Sea. The UK is one of the universes most created countries and as such it has a worldwide impact. Development of the United Kingdom A great part of the United Kingdoms history is known for the British Empire, its persistent overall exchange and extension that started as ahead of schedule as the finish of the fourteenth century and the Industrial Revolution of the eighteenth and nineteenth hundreds of years. This article, be that as it may, centers around the development of the United Kingdom. The UK has a long history that comprises of a few unique attacks, remembering a short passage by the Romans for 55 B.C.E. In 1066 the UK region was a piece of the Norman Conquest, which supported in its social and political turn of events. In 1282 the UK assumed control over the autonomous Kingdom of Wales under Edward I and in 1301, his child, Edward II, was put forth the Prince of Wales trying to assuage the Welsh individuals as indicated by the United States Department of State. The most seasoned child of the British ruler is as yet given this title today. In 1536 England and Wales turned into an official association. In 1603, England and Scotland likewise went under a similar guideline when James VI succeeded Elizabeth I, his cousin, to become James I of England. Barely 100 years after the fact in 1707, England and Scotland got brought together as Great Britain. In the mid seventeenth century Ireland turned out to be progressively settled by individuals from Scotland and England and England looked for control of the territory (as it had for a long time previously). On January 1, 1801, an administrative joining between Great Britain and Ireland occurred and the district got known as the United Kingdom. Notwithstanding, all through the nineteenth and twentieth hundreds of years, Ireland consistently battled for its autonomy. Thus in 1921, the Anglo-Irish Treaty built up the Irish Free State (which later turned into an autonomous republic. Northern Ireland in any case, stayed a piece of the UK which is today comprised of that locale just as England, Scotland, and Wales. Legislature of the United Kingdom Today the United Kingdom is viewed as a sacred government and a Commonwealth domain. Its official name is the United Kingdom of Great Britain and Northern Ireland (Great Britain incorporates England, Scotland, and Wales). The official part of the UKs government comprises of a Chief of State (Queen Elizabeth II) and a head of government (a position filled by the Prime Minister). The authoritative branch is comprised of a bicameral Parliament comprising of the House of Lords and the House of Commons, while the UKs legal branch incorporates the Supreme Court of the UK, the Senior Courts of England and Wales, Northern Irelands Court of Judicature and Scotlands Court of Session and High Court of the Justiciary. Financial aspects and Land Use in the United Kingdom The United Kingdom has the third biggest economy in Europe (behind Germany and France) and it is one of the universes biggest money related focuses. Most of the UKs economy is inside the administration and mechanical divisions and agribusiness occupations speak to under 2% of the workforce. The primary enterprises of the UK are machine apparatuses, electric force hardware, computerization gear, railroad hardware, shipbuilding, airplane, engine vehicles, gadgets and interchanges hardware, metals, synthetic substances, coal, oil, paper items, food preparing, materials, and dress. The farming results of the UK are grains, oilseed, potatoes, vegetables dairy cattle, sheep, poultry and fish. Topography and Climate of the United Kingdom The United Kingdom is situated in Western Europe toward the northwest of France and between the North Atlantic Ocean and the North Sea. Its capital and biggest city is London, yet other enormous urban areas are Glasgow, Birmingham, Liverpool, and Edinburgh. The UK has an all out region of 94,058 square miles (243,610 sq km). A significant part of the geology of the UK comprises of rough, lacking slopes and low mountains yet there are level and tenderly moving fields in the eastern and southeastern zones of the nation. The most noteworthy point in the UK is Ben Nevis at 4,406 feet (1,343 m) and it is situated in the northern UK in Scotland. The atmosphere of the UK is viewed as mild in spite of its scope. Its atmosphere is directed by its oceanic area and the Gulf Stream. Be that as it may, the UK is known for being exceptionally shady and stormy all through a great part of the year. The western pieces of the nation are wettest and furthermore blustery, while the eastern parts are drier and less breezy. London, situated in England in the south of the UK, has a normal January low temperature of 36ÃÅ¡F (2.4ÃÅ¡C) and a July normal temperature of 73ÃÅ¡F (23ÃÅ¡C). References Focal Intelligence Agency. (6 April 2011). CIA - The World Factbook - United Kingdom. Recovered from: https://www.cia.gov/library/productions/the-world-factbook/geos/uk.html Infoplease.com. (n.d.). Joined Kingdom: History, Geography, Government, and Culture-Infoplease.com. Recovered from: infoplease.com/ipa/A0108078.html US Department of State. (14 December 2010). Joined Kingdom. Recovered from: state.gov/r/dad/ei/bgn/3846.htm Wikipedia.com. (16 April 2011). Joined Kingdom - Wikipedia, the Free Encyclopedia. Recovered from: http://en.wikipedia.org/wiki/United_kingdom
Developing a Manager Essay Example | Topics and Well Written Essays - 3000 words
Building up a Manager - Essay Example From a representative point of view, the executives can't be viewed as a capacity which is crucial to the undertaking alone in light of the fact that a chief causes workers to improve their general execution and adequacy (Zott and Amit, 2004). Because of this explanation, a chief needs to continually speak with its subordinate workers and must keep up a positive connection with them. Alongside that, authoritative plans, execution estimation, mental and expository devices and monetary measures are a portion of the vital segments which should be adequately overseen by hierarchical pioneers. This exposition will concentrate on how significant chiefs are to an organization and how they can form hierarchical workers into impalpable resources. Inside the setting of hierarchical turn of events, jobs and obligations of a chief are never constrained simply to coordinate representative exercises with business objectives and they may not generally have the option to bring the best out of an individualââ¬â¢s ability. From a more extensive point of view, a pioneer centers around worker the executives and attempts to impact the business condition, lessens the correspondence hole between representatives, explains authoritative methodologies and causes workers to accomplish their exhibition targets by satisfying hierarchical objectives. This aides in accomplishing quality for the organization and aides in creating an exceptionally dedicated and persevering workforce. With respect to worker the board, it is the center obligation of the organizationââ¬â¢s the executives to choose a suitable group which can help in building significant group connection and in giving proper preparing to their colleagues and in this manner assembli ng a profoundly gainful and light-footed workforce. As per Woods (2010), it is the obligation of the authoritative chiefs to arrange and speak with their workforce in a viable way and clarify the vision and strategic an organization and characterizes
Tuesday, June 30, 2020
About Jurassic Park by Michael Crichton - Free Essay Example
Summary The story took place in Costa Rica where accidents keeps on occurring day after day caused by unknown animals. News have gone around and reached the United States drawing curiosity in US doctors and scientist. There is something unusual happening in this island called Isla Nublar. Researchers and doctors began to question, others have given their thoughts. Some explained its dinosaurs but others think that its impossible because they were extinct billions of years ago. But it is starting to happen again, in this island in Costa Rica. At the end of the book, some people already knew what was on that island but a lot still didnt. The government didnt want the news to spread around so they made those people who knew stay in their country for awhile so they can study about what those things are before word goes around. But something was happening, there might be more animals out in the jungle and they dont know what it will do. The animals want are migrating and they dont know what might happen next. Theme I think the theme of this book is about survival. Humans have always had to fight for survival against nature. Technology has a big role in helping us figure out how humans can survive when that time comes. Nature is unpredictable and thats the biggest challenge we have to face. We have tried predicting everything but changes happens. We think we can control the outcome when in reality, we cant. We have to adjust in whats happening around us and accept the fact that we cant save the whole planet. We dont have that power against nature. Character Analysis Dr. Bobbie Carter ââ¬â a doctor in Costa Rica who helps people who are injured or sick. Bobbie was thinking about the boy hands. They had been covered with cuts and bruises, in the characteristic pattern of defense wounds. She was quite sure he had not died in a construction accident; he had been attacked and he had held up his hands against his attacker. Where is this island theyve come from? Alice Levin she saw Tinas drawing of the lizard and explained that it was a dinosaur. She is a technician. No, Alice Levine said, shaking her head. Look at it. Its very clear. Big head, long neck, stands on its hind legs, thick tails. Its a dinosaur. Powerful Quotes Lets be clear. The planet is not in jeopardy. We are in jeopardy. We havent got the power to destroy the planet- or to save it. But we might have the power to save ourselves. I thought this quote was powerful because it explained the reality of nature and humanity. We are the destruction and we are creating the destruction and now its coming back to us. Humans need nature to survive, but nature doesnt need us. So if we keep on destroying it, were only hurting ourselves. The shorthand is the butterfly effect. A butterfly flaps its wings in Pecking and weather in New York is different. I picked this quote because they were talking about the butterfly effect. Its interesting to think about how one thing affects whats going to happen next. Theres so many what ifs and all these questions about possibilities of what couldve happened, all these questions unanswered about nature. Ending I thought the ending was interesting because they ended it in away where the dinosaurs didnt go extinct and they didnt decide to capture them. The ending is just the beginning of this story. People still doesnt know whats going on and what those animals are.
Monday, June 15, 2020
Company Law and the Corporate Veil - Free Essay Example
Introduction As the day company is formed, it can be said that the company is à ¢Ã¢â ¬Ã
âincorporatedà ¢Ã¢â ¬Ã . As the company uniqueness is that it provides for effective separation of resources and managements of its resources and it is further compounded on the fact that the owner of the capital can limit his or her liability to the third parties. Therefore the company is recognized as a separate entity and it is treated in its own capacity. In nowadays business companies, it can be seen that companies have both advantages and disadvantages in measuring the limited liability of the shareholders on the basis that the company is liable for its debts and obligations. Therefore, double-edged sword is created which means it has both good and bad elements. In this assignment, details about the doctrine of separate legal entity will be analyzed. Also statements of features of company as separate legal entity and circumstances the veil of incorporation will be lifted will be analyzed with reference to some cases. Doctrine of separate legal entity In company law of Malaysia, a company is treated as a separate legal entity from its members constituted in it which is its shareholders and directors. This is the doctrine of separate legal principle. The company is a different separate body from its member. Thus, the members of the company are not liable for the company debts. For instance, when a company turn into a contr act, the company itself will personally liable for the contract rather than the shareholders and the directors. Therefore, a company is a corporate body. A corporation is an artificial legal person that exists independently of the individuals who at any given time are the members of the corporate body. This principle was established by the House of Lords in Salomon v Salomon Co Ltd[1]. The rule of Agency An agency is a relationship where one person consents or is deemed to have consented that the other person should act on its behalf so as to affect its relations with third parties. Features of Separate Legal Entity At the time the company is incorporated, it is a separate legal person, it brings forth some effect which can be the features of it. Under section 16(5) of the Companies Act 1965 states that, once a company had been incorporated, the company had all the ability as an incorporated company. For instances, it is means that the company can enjoys its right and f unction as a legal person. Company that incorporated is a legal personality that is created and recognized by the law as stated by Salleh Abbas F.J in Tan Lai v Mohamed bin Mahmud. When a company register under Companies Act, it becomes vested with corporate personality which is an independent legal person and separate from its members. For instance, the company is a legal person. In Salomon v. Salomon Co. Ltd. (1987)[2], unsecured creditors claimed that the company never had an existence of independent although it was incorporated. They claimed that it was Salomon himself trading under another name, but the House of Lords held Salomon Co. Ltd. must be regarded as an independent person from Salomon. This is because of the fact that the company was not role as an agent for the member. Thus, Salomon and the others are mere subscribers of the company although he owned all the issued shares. Hence, Salomon could enforce its rights against the company as a secured creditor. Furth ermore, the company also has the ability to sue and be sued in its own name. Therefore, a company can make legal action to enforce its right. It was established in the case Foss v Harbottle[3] where action brought by the members of the company made an injury complain towards the company and it was fail. Therefore the member could not take action on behalf of the company. Besides, a company has perpetual succession which means members may join and leave, but the company will continue go on. When a company become incorporation, it will continue operate until it is dissolved according to the Companies Act 1965. Under the case of Re Noel Tedman Holdings Pty Ltd[4], the court allowed the representative personal of the deceased to appoint the directors of the company so that the directors could allow the transfer of the shares to child. This proves that although the shareholders had leave but the company is still exiting and continue go on. Other than that, a company also has abilit y to own property on its own name. According to section 16(5) a company has power given to own personal land and other types of property. While company is separate legal person from its member, the member has no legal right and interest with the property and it is belongs to company. In case Macaura v Northern Assurance Co. Ltd[5], Macaura owned a tree plantation which was covered by an insurance policy. Later he sold the plantation to a company which he was the only shareholder. After the sale, Macaura continued to insure the plantation in his own name. A fire broke out and the plantation was destroyed. Macaura then attempted to claim on the insurance policy but the insurance company refused to pay. The issue was whether Macaura had an insurable interest at the time of the loss. It was help that the insurance company was right in not paying. The plantation company was a legal entity in its own right, separate from its shareholders. Other than that, in a corporate body, the share holders of the company can enjoy limited liability. While a company is a separate legal entity, the shareholders are not liable for the debts and the liability is limited by shares. Therefore, creditors have no rights to take any legal action against the shareholders. In case Ye Yut Een 1978[6], the director of the company is not liable for the companyà ¢Ã¢â ¬Ã¢â ¢s debt. It is the company who had not complied with the procedures related to the retrenchment benefits. Lifting The Veil of Incorporation Although the company has privilege as separate legal entity, it must not be used for any unlawful or illegal business purposes, in case a fraudulent or dishonest use is made of the legal entity, the concerned individuals will not be allowed to take the shelter of the corporate personality. The court will disregard the corporate veil to see the real persons behind it. Generally, the law will not go behind this veil of incorporation to look at the membership of the company. But the courts will à ¢Ã¢â ¬ÃÅ"lift the corporate veilà ¢Ã¢â ¬Ã¢â ¢ in some exceptional cases. Salomon v Salomon Co Ltd case have decided that the members of the company are not liable for any contract that contracted by the company. This will cause they may have a chance hiding behind the veil to defraud the creditors and other parties that contracted with the company. The court will pierce the corporate veil by applying the principle known as à ¢Ã¢â ¬ÃÅ"piercing the corporate veilà ¢Ã¢â ¬Ã¢â ¢. When there is no entity separate from members, the court will pierce the corporate veil and take action. After that the court will make the company and its members liable for any breach of contract. The veil of incorporation can be lifted in according to situation provided under statutory provision and by judicial interpretation under the common law. For instance, section 36, Companies Act 1965 states that if the number of members of a company is reduced to below tw o and its carries on business more than six months, the person who is a member of the company during the time that is so carries on business after those six months, and is aware of it, the person is personally liable for all the debts that the company contracted after those six month and he may be sued therefor. According to the section 304(2), Companies Act 1965, together with the section 303(3), provide that an officers who knowingly contract a debts on behalf of the company. It means borrow money and knowing that that the company is most likely unable to pay the debt is guilty of an offence and on conviction be made personally liable to pay that debt. Under section 304(1), Companies Act 1965 provides that when a companyà ¢Ã¢â ¬Ã¢â ¢s intention is to purposely defraud its creditors, the veil of incorporation is lifted. In the course of the winding up of a company or in any proceedings against a company it appears to the court when hearing the application of the liquidat or or any creditor or contributory of the company that any business of the company has been carried on with intent to defraud creditors of the company or creditors of any other person or for any fraudulent purpose, the court may hold any persons who were knowingly parties to the fraud personally responsible for all or any of the debts or other liabilities of the company as the court directs. Under section 365(2), Companies Act 1965 provides that any payment of dividend not from profit is prohibited. Any payment made of dividends to shareholders is personally liable by the director towards the creditors of the company when there are no profits available. There are also situations where the court thinks it is appropriate and it will lift the veil of incorporation at common law. The situation whereby the veil of incorporation is lifted where the company is acting as agent or partner of the controlling or parent company. Group of the companies the problems can be complex. Subsidia ry own and fund money of a business has been held to do so as agent for the holding and parent company. So, holding and parent company actually operating business. This is applied in case Smith, Stone and Knight Ltd v Birmingham Corporation (1939)[7]. Besides, the veil of incorporation will be lifted when there is a group of companies, including holding and subsidiary company, the court can lift the veil and treat a company and its subsidiary as one economic unit. In case DHN food Distributors Ltd v Tower Hamlets London Borough Concil[8], subsidiary company owns a piece of land while the DHN which is parent company operated the business on the land. The local authority purchases the said land. The DHN claimed compensation for disruption. The local authority refused to pay the compensation on the grounds that the land did not belong to DHN. The court lifted the veil of establish that DHN is connected with the subsidiary company as treated as one economic unit, they did suffer a lo ss as a result of acquisition from the local authority and allowed to claim the compensation. At last, lifting the corporate veil can also assist in the prevention of fraud. In case Aspatra Sdn Bhd Ors v Bumiputra Bank Malaysia Berhad (BBMB)[9], Lorrain Osman, one of the director of Aspatra Sdn Bhd, was once a director of Bumiputra Bank Malaysia Berhad, must account for the secret profit he made in breach the fiduciary duty. To avoid detection Lorrain Osman had channeled the monies which is the secret profit he make into several companies that he controlled, one is the Aspatra Sdn Bhd. BBMB feared that the money Lorrain Osman took would leave Malaysia and applied for an injunction. The veil lifted to reveal that the assets of Aspatra Sdn Bhd belong to the Lorrain Osman and the injunction was accepted. Conclusion In conclusion, it clearly stated that the doctrine of separate legal entity have created double-edged swords to the shareholders of the company. Although it brings many features to the shareholders but it also have drawback towards the company itself and creditors in some situation. Hence, there will be some defects of incorporation. However, lifting the veil of incorporation by the court will reduce the defects of incorporation. [1] SALOMON v SALOMON CO LTD [1897] A.C. 22, House of Lords [2] SALOMON v SALOMON CO LTD [1897] A.C. 22, House of Lords [3] Foss v Harbottle(1843) 67 ER 189 [4] Re Noel Tedman Holdings Pty Ltd. (1967) QdR 561 [5] Macaura v Northern Assurance Co Ltd[1925] AC 619 [6] Yee Yut Ee(978)2 MLJ 142 [7] Smith, Stone Knight Ltd v Birmingham Corp[1939] 4 All ER 116 [8] DHN Food Distributors Ltd v Tower Hamlets London Borough Council[1976] 1 WLR 852 [9] Aspatra Sdn Bhd v Bank Bumiputra Malaysia Bhd (1988) 1 MLJ 97
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