Corporate Culture : The Key To Understanding Work Organisations :: essays research papers

Corporate Culture : The Key to Understanding Work Organisations Organisational or corporate culture is widely held to refer to a system of shared meanings held by members that distinguishes the organisation from other organisations, that is a set of shared key characteristics or values. The culture that an organisation has will play an important part in its success in its market sector. Likewise an organisation's continued success will depend to a large extent on the ability of the leadership of the organisation to perpetuate that culture. A large, established organisation in a mature market is likely to have objectives of moderate growth and the maintenance of its position within the market. McDonald's is an example of such an organisation. You could walk in to a McDonald's restaurant in London, Tokyo or Moscow and expect to see staff dressed in the same uniform serving the same food from within restaurants that look remarkably similar. There are no risks to be taken here and rarely a snap decision to be made and certainly not by the staff. Contrast this with a small organisation, thirsty for success in an emergent market such as Steve Job's Apple Computers in the early eighties. Here was a company led by a very strong character who was highly motivated, possessed a highly practical imagination and was fanatical about detail. He built up a multinational company on the strength of his ability to promote free thinking coupled with the attention to detail that is required to produce a world class computer within the organisation that he ran. It is quite clear that if the cultures of these two organisations were transposed there would be internal chaos and the company's would lose their positions within their markets. A McDonald's restaurant that started to add flair to its menu would soon cut in to the company's tightly controlled profit margins whereas a company with tightly enforced rules and regulations could never lead the market in innovative technologies. It is not by chance that these two organisations have such different cultures. They are each the product of a clearly constructed and executed leadership policies reinforced by the organisation's founders and subsequently their top management. The processes of selection and socialisation are key tools in the maintenance of an organisation's culture. The selection process is typically employed within organisations not only to select individuals who have the technical skills and knowledge to perform their roles within the organisation but also to select people who will fit in with, and not undermine, the organisation's culture. The process of socialisation has as its key objective the moulding of the

Reflective Essay on Module

With the help of the Gibbs model for reflection I have written the below reflective essay. I have chosen this model for reflection cause: Firstly it is simple to understand and secondly it follows a very systematic and easy approach. As I began with the module I was quite happy that it has been included in the course, as it would help me overcome academic writing skills difficulties. Although, initially I did feel that the module would only aim at giving academic support, but eventually I realized that like its name suggests it also helped develop my personalities as well.In this module, we were given to make a poster and a formal report. In this way I felt the module evaluates an individual in different ways and on different aspects. By making a poster the creativity of an individual can be evaluated. Poster presentations are becoming common at workplaces and the first assignment helped us have an experience on how to make on. The second assignment was a critical report based on the same article we used for the poster. This assignment helped us improve our critical skills and present it in a formal report structure.Since we had to critique only one report it was quite difficult as there were nothing to compare it to. We only had theories as a base to help us write the critique. Whilst doing research for the report, I came across a learning styles model by Honey and Mumford. The model is given as below. Peter Honey and Alan Mumford (1992) connected each stage in this learning cycle with a preferred learning style: Stage 1 Having an experience – Activist Stage 2 Reflecting on the experience -Reflector Stage 3? Concluding from the experience -Theorist Stage 4?Acting differently as a result/planning the next steps- Pragmatist As I read about what each part meant I could completely relate myself to the Activist part of the model. I am generally very enthusiastic about things and like to be in power whenever in a group discussion. It gives me a sense of satis faction. Also when we were given discussions in the Tutorial to undertake I would tend to lead and chair the group. Something that is not is that just as the model suggests even I tend to act and then consider the implications afterwards. This is one attitude of mine that I am trying to hange and adapt to a reflector model where I consider the implications of my actions before acting on them. As it is famously said â€Å"Think twice before you act†. I must inculcate this proverb in my acts of life. Many a times when I introspect on my learning altitudes I also feel that a part of me is the Pragmatist learner. As I mentioned earlier I am always enthusiastic and keen to learn and experience new things. I always understand concepts faster which I can relate to practical experiences in the past and apply to my job in future. Just as the theory states even I tend to generally get impatient with lengthy discussions and conversations.From a pragmatist point I want to try to improve my patience level especially in lengthy discussions as often in workplaces lengthy discussions are carried out. Personally when I looked at the theorist attitude I felt I could not fit there but should try to adopt some of its attributes such as trying to be a perfectionist. Applying this concept to my PRS module when I was given the poster to do, I did not think much. I just looked up a few posters and got down to making my poster. It was later that I realized I should have first had discussions with my class mates on how they are approaching the assignment.By then I had already acted like an activist but it was time to become a reflector and overcome my hasty behavior. Hence, before I started critiquing the article with my peers and only then got down to do some relevant reading. Coming back to the first assignment. I quite enjoyed making the poster much more than the report as the poster involved using creativity. While I was writing the report I felt quite dull and boring as a f ormat had very formal approach. This is when I realized that I need to increase my interest for formal writing.Reflecting the Gibbs way I have reached the Analysis stage. To this I concluded that maybe more reading around the topic and reading a few sample reports would have probably helped to do it better along with more interest. For that I have thought I must plan a minimum amount of reading target to be set. And undertake detailed discussions with my class mates on a regular basis apart from the one’s that happen in the tutorials. On a general note, during the module when the topic of report writing was being covered, I had doubts but felt they were too silly to ask the module tutor.Due to this I had numerous difficulties while starting the critical report. I have decided not to fear from people judging me and go ahead and ask the questions to clear my doubts. In fact I did start acting on it and did start questioning tutors and friends. I realized I should have done this much before. The Personal and Research skills module has taught me about researching which gave me a sense of self confidence on something I wasn’t sure I could do. Or rather knew how to do. Before I joined the master’s course I was quite friendly with MS Office.But some of the tutorials and lectures on IT skills helped me enhance my technical skills prezi, a very interesting application was unknown to me. After the lecture I downloaded it and started to see its features. I have always been interested in enhancing my technical skills in any form. Because in today’s tech savvy corporate environment one is considered un-updated if they do not poses skills. Referencing was a very new concept to me. Initially, I just could not get my head around it. One of the PRS lecture taught us how to use ref works. Now, I just do not need to bother with journal articles referencing.Refworks had made it so easy. I have particularly mentioned about Prezi and refworks as these we re two highlighting factors that I found in the module, very helpful in making my coursework manageable. As I attended the lectures I felt that the PRS model has been formatted in a way to help students do their coursework and acquire the intellectual and technical skills required to complete the MSC in Human Resource Management at Robert Gordon University. Before I came I had heard that RGU has a high performance demand. I felt this module was designed, to make sure that students meet up to it.The good part of this modules experience is it does actually help you acquire the Personal and Research skills that it aims to. But in my opinion the module was a little insufficient in providing writing skills, especially for international students who are doing this form of studies for the first time. But as I thought of it I felt it is the master level and everything cannot be fed on a spoon to the students. To this thought I felt, I need to put in some more effort from my side maybe throu gh taking help of the study skills help available.I have come to a belief now that at masters teachers are more of a catalyst then an ingredient to our masters degree. On a concluding note, the Personal Research skills module in my opinion is essential for every business related course. Maybe if I had had something like this while doing my degree it would have been more helpful at a master’s level. But whether at a master or at a degree it is an essential model helping an individual to develop ass sorts of skills needed in today’s competitive business environment. References: HONEY, P. and MUMFORD, A. , 1992. The manual of learning styles

Human Evolution Essay - 2714 Words

Human Evolution Human Evolution, the biological and cultural development of the species Homo sapiens, or human beings. A large number of fossil bones and teeth have been found at various places throughout Africa, Europe, and Asia. Tools of stone, bone, and wood, as well as fire hearths, campsites, and burials, also have been discovered and excavated. As a result of these discoveries, a picture of human evolution during the past 4 to 5 million years has emerged. Human Physical Traits Humans are classified in the mammalian order Primates; within this order, humans, along with our extinct close ancestors, and our nearest living relatives, the African apes, are sometimes placed together in the family Hominidae because of genetic†¦show more content†¦Much later (perhaps 50,000 years ago) hominines were able to cross the water barrier into Australia. Only after the appearance of modern humans did people move into the New World, some 30,000 years ago. It is likely that the increase in human brain size took place as part of a complex interrelationship that included the elaboration of tool use and toolmaking, as well as other learned skills, which permitted our ancestors to be increasingly able to live in a variety of environments. The earliest hominine fossils show evidence of marked differences in body size, which may reflect a pattern of sexual dimorphism in our early ancestors. The bones suggest that females may have been 0.9 to 1.2 m (3 to 4 ft) in height and about 27 to 32 kg (about 60 to 70 lb) in weight, while males may have been somewhat more than 1.5 m (about 5 ft) tall, weighing about 68 kg (about 150 lb). The reasons for this body size difference are disputed, but may be related to specialized patterns of behavior in early hominine social groups. This extreme dimorphism appears to disappear gradually sometime after a million years ago. Face and Teeth The third major trend in hominine development is the gradual decrease in the size of the face and teeth. All the great apes are equipped with large, tusklike canine teeth that project well beyond the level of the other teeth. The earliest hominine remainsShow MoreRelatedEvolution And Its Impact On Human Evolution910 Words   |  4 Pages Humans have gone through many stages of adaptation, allowing for great expansion and our unrivaled dominance of the earth. So it could seem as though humans have reached the peak of evolutionary development. Evolution is often thought of as a natural process, and were it not for humans, this might be true. However, evolution, in the strictest sense, is a change in the genetic structure of a population (Jurmain, et al., 5). While natural selection is a major contributor to the process of evolutionRead MoreThe Evolution Of Human Evolution1103 Words   |  5 PagesHuman evolution according to research started over 6 million years ago. The outcome of the evolution process is the current human beings. Scientific studies have revealed over the years a remarkable affinity between the chimpanzees/Apes and human beings. Even though this reality is not a definitive prove that human beings evolved from apes, it does show that the human beings are in one way or another related to other primat es. Scientists suppose that the humans and the primates shared a commonRead MoreEvolution And Its Effect On Human Evolution1826 Words   |  8 Pages It is the key to our evolution is very much correct. Beneficial mutation can be a next step of human evolution as people get more adapted to their environment, greatly increasing their chance of successfully reproducing. Evolution is the process of the characteristics of an organism changing over a long period of time. There are two types of evolution: micro, where gene frequencies are shifted within the population, and macro, where a whole new species arises. Evolution occur through naturalRead MoreConvergent Evolution Of Human Evolution972 Words   |  4 Pagesinstance of human evolution has been detected among the peoples of East Africa. It is the ability to digest milk in adulthood, conferred by genetic changes that occurred as recently as 3,000 years ago, a team of geneticists has found.The finding is a striking example of a cultural practice — the raising of dairy cattle — feeding back into the human genome. It also seems to be one of the first instances of convergent human evolution to be documented at the genetic level. Convergent evolution refers toRead MoreThe Evolution Of Humans And Humans978 Words   |  4 PagesHumans have existed on Earth for approximately 3.4 million y ears. The oldest known human ancestor is Lucy, an Australopithecus. Over this extensive period of time, humans have evolved significantly. Homo Sapiens have grown from 3 to almost 6 feet (average), lost most of the body hair, became leaner and adapted to walking. Humans have come a long way, from Australopithecus to Homo sapiens, from living in trees to living in cities. Slowly, through hundreds of thousands of years, we mutated over andRead MoreEvolution of Human3142 Words   |  13 PagesHuman evolution is the biological and cultural development of humans. A human is any member of the species Homo sapiens, meaning wise man. Since at least the Upper Paleolithic era, some 40,000 years ago, every human society has devised a creation myth to explain how humans came to be. Creation myths are based on cultural beliefs that have been adopted as a legitimate explanation by a society as to where we came from. The science of paleoanthropology, which also tries to create a narrative aboutRe ad MoreHuman Evolution2755 Words   |  12 PagesHuman Evolution Human Evolution, the biological and cultural development of the species Homo sapiens, or human beings. A large number of fossil bones and teeth have been found at various places throughout Africa, Europe, and Asia. Tools of stone, bone, and wood, as well as fire hearths, campsites, and burials, also have been discovered and excavated. As a result of these discoveries, a picture of human evolution during the past 4 to 5 million years has emerged. Human Physical Traits Humans areRead MoreThe Evolution Of The Human Body989 Words   |  4 PagesThe evolution of the human body can be observed from studying the intermediates found in ancestral organisms. Shubin proposes that every attribute that makes us human can be traced back to a time that showcases its importance for survival. Every single trait in the human body has been selected for through multiple mechanisms of evolution, natural selection being one of them. This theory is intriguing because not long ago it was unheard of to relate humans to fish, amphibians, reptiles, mammals, andRead MoreThe Evolution Of Human Origins1179 Words   |  5 PagesInitial ideas of human origins are reflected in the ancient mythologies. Later on, religious versions of human origins appeared. One of the most popular religious theory is creationism. According to it God had created men and everything else in the world. There are two types of creationism, young earth creationism and old earth c reationism . Ancient philosophy first proposed ideas of the natural origins of men. Most of its ideas were speculative. It was the product of the ancient philosophers` imaginationRead MoreThe Evolution Of The Human Body996 Words   |  4 Pagesinformation website is primarily focused on the evolution of the human body. The web source provides various selections to choose from, including: the human evolution summary, timeline, hall of skulls, and their perspectives. Likewise, the human evolution page describes the fossil hominids and their origins. The author recapitulates the hominid family, which consists of Homo, Australopithecus, and Ardipithecus. Correspondingly, the human evolution timeline page includes six distinct topics that follow

Evaluation Of Epidemiological Problem Of Diabetes Mellitus...

Evaluation of Epidemiological Problem Diabetes mellitus (DM) is a major chronic health problem in adults 18 years or older in the state of Kentucky (KY) that is responsible for many illnesses and deaths. There are also various complications associated with this health condition. Complications of DM are atherosclerotic vascular disease, cardiovascular disease, retinopathy, nephropathy, delayed wound healing, and increased risk for osteomyelitis, which increases the risk for amputation (American Diabetes Association, 2013). The incidence and prevalence of DM is increasing each year, making the importance of understanding this deadly but preventable disease and the opportunities to delay complications essential in providing care to the diabetic population in KY and nationwide. Nationwide, diabetes prevalence in the US affects approximately 25.8 million Americans with the occurrence of the diagnosed diabetes in the elderly population demonstrating a consistent significant increase (ADA, 2013). The data reveals that monitoring of the national trends in the course of the increase in diabetes is important, and it will help to assess the severity of the problem, the role of risk factors, necessary interventions, and plan appropriate healthcare measures. Background DM is a complex and multifaceted dysfunction of the endocrine system. It is a metabolic disorder involving the inability of the body to adequately metabolize carbohydrates, proteins, and fats due to deficiency orShow MoreRelatedThe Prevalence Of Diabetes Mellitus2021 Words   |  9 PagesData analyst. Diabetes Mellitus (DM) is a chronic, metabolic disease characterized by elevated levels of blood glucose which leads serious damage to the heart, blood vessels, eyes, kidneys, and nerves. There are three types of diabetes. They are Type-I(T1DM), Type- 2(T2DM), Gestational diabetes. Type 2 diabetes represents 90 percent of diabetes cases in Saudi Arabia. Saudi Arabia is ranked as the 7th country world widely estimated to have the highest numbers of people with diabetes in 2000 and 2030Read MorePrevalence Of Type II Diabetes Mellitus2138 Words   |  9 Pages Prevalence of Type II Diabetes Mellitus in the Adult of JAZAN by Demographic characteristics, BMI and Settlement type. Dr.T.Hemalatha, Dr. Rashida, Ms.Wajiha, Dr.Fahad Abstract Nowadays Diabetes Mellitus (DM) is becoming a major health problem in all over the world. If a person having prolonged group of disease with high level of blood glucose then it is Diabetes Mellitus. It will cause severe other health issues like cardiovascular diseases, disease related to vision, Kidney, blood vesselsRead MoreEvaluation Of Epidemiological Problem Diabetes1992 Words   |  8 PagesEvaluation of Epidemiological Problem Diabetes Lisa Gaye Spivey Chamberlain College of Nursing NR 503: Population Health, Epidemiology, Statistical Principles May 2016 The Epidemiology of Diabetes Diabetes Mellitus (DM) or Type 2 diabetes is a lifelong chronic disease whereas sugar levels within the blood are too high. Diabetes affects multiple body systems such as your vision, nerves, foot problems, problems healing, the kidneys, and can lead to heart problems. According to the Centers forRead MoreManagement of Diabetes and Hyperglycemia in Hospitalized Patients in a Critical Care Setting3130 Words   |  13 Pagesï » ¿Management of Diabetes and Hyperglycemia in Hospitalized Patients in Critical Care Setting Management of Diabetes and Hyperglycemia in Hospitalized Patients in Critical Care Settings Introduction Diabetes has reached an epidemic proportion in the United States. Currently, the management of diabetes in the hospital is often considered secondary compared with the condition that prompted the inpatient admission (Clement et al., 2004). Hospitalized patients with diabetes suffer increased morbidity

Islam Is A Progressive Religion - 2507 Words

Despite popular assumption, Islam is actually quite a progressive religion. Bioethics are not set in stone, although some scholars as well as Muslims do have strong opinions about certain bioethical subjects. In the twentieth century, there was a very limited amount of resources in the field of Islamic bioethics. The twenty-first century has marked an influx in research on Islamic bioethics from both Muslim religious scholars as well as studies conducted by academic researchers (Ghaly 592). In the field of religious bioethics, there tends to be a significant amount of coverage on certain topics. In Islam in particular, scholars and the public alike readily discuss abortion and euthanasia (Brockopp 3). Although Islamic customs emphasize the importance of community, Islamic theology in general promotes the individual, not communal, salvation. This means that in many situations, there are guidelines for how one should act, but individual circumstances can differ – therefore warra nting a private and individual action. Westerners often overlook this aspect of Islam, as there are a lot of misconceptions revolving around Islam and the Muslim identity. In this sense, despite there being general rules or guidelines Muslims tend to adhere to, there is still a heavy balance between the general rules and individual circumstances; meaning that bioethics can not be approached from only one view. When looking at any issue, it is important to know whom exactly you are speaking about-Show MoreRelatedProgressive Muslims Post 9/11826 Words   |  4 PagesPart I -Progressive Muslims – In Search of Progressive Islam Beyond 9/11 Farid Esack describes the situation of progressive Muslims post 9/11. He does this because their role has become significantly important in the society they live in. Progressive Muslims described by him are liberal Muslims who are seeking for a change but according to their conservative values. He describes the attacks from 9/11 represents a collision of two forms of religious fundamentalism, the American capitalistic marketRead MoreThe Veil Is A Symbol Of Religion1312 Words   |  6 PagesThe veil is a symbol of both culture and religion. In Islam, many women choose to wear a type of veil for religious reasons. A female that covers her head may be deemed as a pious and modest individual. However, there are multiple explanations for why the veil became such an important symbol in the Islamic community as well as across the globe. Despite the fact that a veil is a rather simple object, it is nonetheless full of symbolism and rich history. Unfortunately, this symbolism and history is Read MoreAnalysis Of Peter Berger s The Desecularization Of The World Resurgent Religion1401 Words   |  6 PagesPeter Berger in The Desecularization of the World Resurgent Religion argues against modernization theory which states as the world modernizes religiosity decreases. Berger contends in the face of empirical evidence secularization theory is untenable. Berger argues it is irresponsible to label the world as secular in the midst of empirical evidence. Evidence is presented that suggests the world is no less religious than other times in history with notable exceptions primarily in European regionsRead MoreThe Between Modern Liberal Agenda And Traditional Islam964 Words   |  4 PagesThe marked correlation between Islam and gender inequalities in various social institutions is a complex and multi-faceted matter. This paper will seek to explore the disjuncture between modern-liberal agenda and traditional Islam. More thoroughly, the idea of conflicting freedoms will be co vered, and exactly how this opposition can be solved to establish a more progressive society. It is important to note that Islam should not be covered under a homogenizing umbrella that establishes them as oneRead MoreDifferences Between Capitalists And Non Capitalist Countries Essay1538 Words   |  7 PagesGender roles and the definition of equality for gender differs within various religions and ideologies. Beliefs in the western, capitalist countries attempt to demonstrate a more fluid and open-minded approach to both genres of identification, however gender roles within religions such as Christianity, Hinduism, Islam and Judaism fluctuate in both eastern and western cultures as traditional patriarchal and hierarchy structure still exists today. Within this topic, I explore and compare how both capitalistsRead MoreMonotheistic religions, especially Judaism, Christianity, and Islam promote the belief in One God;1600 Words   |  7 PagesMonotheistic religions, especially Judais m, Christianity, and Islam promote the belief in One God; all that exists is because of God. Through prophets and scripture, God portrays moral goodness and truth. Essentially, these three religions believe that God speaks to us, unveils God’s Being, and seeks to guide us through life. In turn, humans should embody the moral goodness and excellence that is revealed to us by God. These religions are taught based upon both scripture and reason. When readingRead MoreThe Religious Views Of Women s Right1019 Words   |  5 Pagesdevelopment of human civilization. Religion, as one of the most significant products of human civilization, is extraordinary influential in guiding people’s beliefs and thoughts. Therefore, different religious views of women’s rights play big roles in building people’s conceptions. Among the religions, Islam, as a religion with over half a billion women believers and a religion dominant in approximately 45 countries, seems to be the m ost controversial religion upon this topic. A lot of scholars,Read MoreThe Basic Beliefs Of Islam1660 Words   |  7 PagesOne of the basic beliefs of Islam is that God has sent his revelation through a series of communications to humans in many ways and times. The recipients of these communications are referred to as both prophets (to specific communities) and messengers (with a universal message). Jews and Christians recognize many of the prophets and messengers mentioned in the Qur’an, the sacred scripture of Islam, for their role in Old Testament history. In Islam, Jesus generally is considered to be the greatestRead MoreJudaism, Christianity, And Islam1087 Words   |  5 PagesJudaism, Christianity, and Islam are among the best known and most widely practiced religions today, and have had enormous cultural, ideological, and historical impact on the peoples of every continent. Arguably more so than any other ideological systems, Abrahamic religion has been among the mos t influential forces in human history. The shared elements of their traditions have allowed them to develop in part through a multi-faceted dialogue with each other. These faiths, despite sharing a commonRead MoreReligion Is The Involvement Of Women And The Roles That They Play1734 Words   |  7 Pagesworld is filled with a variety of different religions yet they all share common characteristics. They have some sort of history, or myth, which is often told as a story. They tend to develop doctrines, which are basically a set of principles that guide people’s actions. All religions have a wide variety of rituals, in which are practiced in their specific sacred place. Many different emotions are associated with religious experiences. Also, religion contains ethics, or morals, which offer a code

Most and Least Important Factors in the Outbreak of Ww1 Free Essays

Which was the most important and least important factor in the outbreak of the First World War? In my opinion, the most important cause of the First World War was the Alliance System. By 1914, the main powers in Europe had been divided into two groups. These were: The Triple Alliance – Germany, Austria-Hungary and Italy, and The Triple Entente – Britain, France and Russia. We will write a custom essay sample on Most and Least Important Factors in the Outbreak of Ww1 or any similar topic only for you Order Now Although the point of creating these alliances was to avoid war, they meant that any conflict that broke out would increase in scale immediately because the other countries had to support them. The main rivalries were Germany and France over the capture of Alsace-Lorraine, Russia and Austria over the Balkans, and Britain and Germany over their navies and economic power. The Alliance System created a lot of competition between the rival countries, and possibly even the allies themselves, because, naturally, they all wanted to be the most powerful and influential in their group. This just increased the tension between everyone and strengthened each side for the inevitable war. On the other hand, I think the least important cause of the war was the Arms Race. The growing divide in Europe (caused by the Alliance System) had led to an arms race between the main countries. The French and German armies had more than doubled their forces, and all nations were making plans for war. The German Count Alfred von Schlieffen had come up with the Schlieffen Plan, which was to fight France and defeat them within six weeks, and then to turn back and defeat Russia. Unfortunately for them, they relied too much on hoping Russia would take more than six weeks to mobilise, which didn’t happen. Also, as the Germans went through Belgium to get into France, Belgium had a treaty with Britain which meant Britain automatically got involved. Austria was intimidated by Russia and needed Germany to succeed in defeating France, so they could then help them in fighting Russia. Russia had potentially millions of soldiers. This made them very powerful because they could overwhelm the opposition with sheer numbers, although they would have needed Britain’s industrial help because they were badly-equipped. France had a large, well equipped army. They had a plan called Plan 17. This was to charge across the frontiers and deep into Germany, forcing them to surrender. Britain was closely but secretly in collaboration with the French. They set up the BEF (British Expeditionary Force), which was 150,000 highly trained soldiers that could go and support France at any time. Although the Arms Race seems to have developed the preparations for war from each country, I don’t think that it actually caused any more problems between the countries. At this point, war was seen as inevitable and all the nations could do was prepare for what was to come as best as they could. How to cite Most and Least Important Factors in the Outbreak of Ww1, Papers

Corporate Law and Securities Regulation †MyAssignmenthelp.com

Question: Discuss about the Corporate Law and Securities Regulation. Answer: Introduction: The Corporation Act 2001 guides the working of a company and its officers and directors. Section 9 of the Act defines a director as a person who is appointed at the position of a director or alternate director. A person is also regarded as director when though not appointed as a director but carry out all the functions of a director (Deputy Commissioner of Taxation v Austin(1998)). Such person is called de facto directors and holds all the powers and responsibilities of a company director (Natcomp Technology Australia Pty Ltd v.Graiche(2001) (Australian Master Family Law Guide, 2009). However, no person can become a director if he is bankrupt as per section 206 B (3) of the Act (Re Ansett (1991). (P Latimer, 2012) The Managing director holds a very prestigious position as it is him who control and manages a company. He has power to delegate his functions to his subordinates whether director or not (Maynegrain Pty Ltd v Compafina Bank, [1982]). (A Krawitz, 2002) Now, whenever a power is delegated to any person (agent) then he has the ability to bind the principal by his actions. But, an agent can bind the principal provided the acts which are carried out by him are within his delegated authorities. The authorities can be of two types: When the principal grants power to his agent with his own words, oral or written or by his act or his conduct, then, the authority that is secured by the agent is called actual authority ((Bell v Australian Eagle Insurance Co. Ltd , (1990). The actual authority is a direct authority which is provided to an agent and an agent must act within the scope of such authority. Any act which is outside an actual authority is non-binding upon the principle. When the principal does not have any kind of direct authority to an agent but makes a representation towards an outsider and makes him believe that the agent do have authority to bind the principal, then, the authority so attained is called ostensible authority or apparent authority (Ogden Co Pty Ltd v Reliance Fire Sprinkler Co Pty Ltd, (1973). The acts which are carried on by an agent within the apparent authority are also binding upon the principal. But, if the outsider is aware that the agent who is carrying out his actions within his apparent authority does not have the power to do so and has reasons to believe so, then, an outsider cannot take good of his own wrong. (Greig, D. W., 1988) Thus, if any act is carried out by an agent of the director, which is in his actual or apparent authority, then, the acts are binding upon the director and the company. It is submitted that Harry was the Managing Director. He has delegated his powers to William wherein William was only authorized to negotiate the contract with the third party. Thus, the actual authority that is granted to William is only of negotiations. But, Harry has addressed a letter to the third party wherein it was stated that William has the power to make contracts on behalf of the company. Thus, Harry has made a representation in front of the outsider wherein he establishes that William has power to make contracts. Thus, an ostensible authority is granted to William by Harry. So, contracts that are made by William with an outsider are binding under his ostensible authority provided the outsider has no knowable that William does not possess the authority to contract. In issue 1, the company was held liable by the acts of William as the same are within his authority. Now, if Harry was not appointed as Managing director and was merely acting in such capacity, then, still the decision that was laid in issue 1 remains unchanged. It is submitted that by applying section 9 of the 2001, it is established that a director is not only a person who is appointed at such position, but, a person is also a director who is performing all the functions of a director. Since, Harry was performing all the acts and functions of Managing directors, thus, as per Natcomp Technology Australia Pty Ltd v.Graiche, Harry can be held to be the de facto managing director and has the power to delegate the functions to Harry. There is few statuary provisions that are framed which aims at protecting an outsider who has no knowledge or source to gain knowledge whether the integral proceedings of the company are met before dealing with such company. Section 128 (1) of the Act has granted power to an outsider under which he is empowered to make few assumptions as per the provisions of section 129 of the Act (Gye v McIntyre (1991)). Section 128 (3) of the Act submits that the assumptions under section 129 can also be made even when forgery is committed by an agent (South London Greyhound Racecourses Ltd v Wake [1931]). But, the assumptions made under section 129 of the Act cannot be made if the outsider has knowledge of the default (section 128 (4) of the Act). (Chapple Lipton, 2002) Section 129 of the Act submits that an outsider can assume that all the constitutional and statutory provisions which a company must comply with must be met. There is no obligation to make any internal check. An outsider can assume that the company director are appointed adequately and has power to bind by their acts under section 129 (2) of the Act. In Crabtree-Vickers Pty Ltd v Australian Direct Mail Advertising Addressing Co Pty Ltd (1975) it was held that assumption can be made that necessary requirements are comply with if any person is held out as the company director or agent (section 129 (3) and (4) of the Act), that is the authority are granted with adequate means and powers. In Vrisakis v Australian Securities Commission (1993) the principle was reinstated. (J Power, 2015) One of the most important assumption that can be made by an outsider is that he can assume that all the documents which are framed by the company are complete and genuine (section 125 (5) (6) of the Act) unless he is aware of the same. But, the documents are considered to be valid only when the provisions of section 127 of the Act are complying with. (J Power, 2015) Section 127 (1) of the act submits that any document which is executed by a company with or without common seal is valid provided the documents are signed by 2 director or secretary and director. If a company is a private company and has only director/shareholder then the signature of the director is enough to validate the document and is rightly discussed in Pyramid Building Society v Scorpion Hotels Pty Ltd (1996). Application of law A company is formed which comprises of two directors and shareholders, namely Maria and David. Now, $100,000 is required by Maria. The purpose to acquire finance is to use the money for the company along with her private usage. She intends to borrow the same from bank but guarantee is required by the bank from the company prior granting the loan. Now, as per section 128 (1), the bank is empowered to assume assumptions under section 129 of the Act. Thus, as per section 129 (3) and (4), the bank can assume that the company must have empowered Maria to take loan on behalf of the company and thus the authority that is granted to her is as per due process. Maria in order to secure loan has forged the signature of David. The Bank is empowered to assume under section 128 (3) even when the documents are forged, provided, that the bank is not empowered to assume anything if it is aware of the true facts of the situation as is rightly established in section 128 (4) of the Act. as per section 127, the document is signed by two directors, that is, David and Maria, thus, the presumptions can be raised easily. Thus, Bank has made genuine assumptions provided he has no knowledge of the true facts and thus the guarantee provided to Maria is valid and if Maria fails to meet payments, then, the bank is empowered to enforce the guarantee against the company. Reference List Australian Master Family Law Guide (2009) CCH Australia Limited. Greig, D. W. (1988), Commercial law. Butterworths. Chapple Lipton (2002) Corporate Authority And Dealings With Officers And Agents, The Centre for Corporate Law and Securities Regulation. Krawitz A (2002) Protecting Outsiders to Corporate Contracts in Australia Volume 9, Number 3, Murdoch University Electronic Journal of Law. Latimer P (2012) Australian Business Law 2012, CCH Australia Limited Power J, (2015)Courage to move beyond the past: Common law and canonical structures for the governance of Australian congregational schools in the 21st century, University of Notre Dame Australia. Bell v Australian Eagle Insurance Co. Ltd , (1990) Crabtree-Vickers Pty Ltd v Australian Direct Mail Advertising Addressing Co Pty Ltd (1975) 133 CLR 72. Deputy Commissioner of Taxation v Austin(1998). Ogden Co Pty Ltd v Reliance Fire Sprinkler Co Pty Ltd, (1973) Gye v McIntyre (1991) 98 ALR 393 at 403. Maynegrain Pty Ltd v Compafina Bank, [1982]. Natcomp Technology Australia Pty Ltd v.Graiche(2001). Pyramid Building Society v Scorpion Hotels Pty Ltd (1996) 14 ACLC 679. Re Ansett (1991) 9 ACLC 277. South London Greyhound Racecourses Ltd v Wake [1931] 1 Ch 496. Vrisakis v Australian Securities Commission (1993) 11 ACLC 763.