Content Key facts.2 Parties.2 Issues..2 Rules...2 The common law rules.....3 Corporations knead 2001.....3 finishing.....4 Conclusion..4 Reference List.5 Textbook...5 Table of command..5 Key Facts: Tazie Fazie Homes Ltd is considering restructuring its operations, and perhaps diversifying into industrial cleaning. This hunting lodge has a on the whole owned subsidiary disinvest Bean Pty Ltd which has made a profit of $300,000 this financial year. The gild will make a profit of $750,000 this year. The 60 sh arholders grant not been paid a dividend last two years. The managing conductor contends that the profits this year are required to build up working capital. Parties: Tazie Fazie Homes Ltd The managing director Brent Issues: * Is thither any juristic action the shareholders can do to legions the director to allowance a dividend?
* If the director does decide to fabricate all profits come in as dividend, could the shareholders do anything to prune or pr plaint the wages of these dividends? * Is the director required to stipend a dividend and if so what add together should be paid and wherefore? Rules: Generally, there is no bylaw that requires the directors to pay a dividend, subject to what the guilds constitution sets. The ships companys constitution may have quite watch rules on dividend payment; the directors must follow this, as surgical incision 140 provides that the constitution is a statutory contract. There are whatever cases that give counselor-at-law: 1. Burland v Earle [1902] shareholders do not hav e the power to take in a dividend from dire! ctors even if the company is profitable. 2. Sanford v Sanford Courier assist Pty Ltd [1986] does provide some basis for shareholders to take action against a profitable company if the...If you want to get a skillful essay, order it on our website: OrderCustomPaper.com
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