HA3021 - COMPANY LAW CASE STUDY Total Length XXXXXXXXXXwords Assessment Marks available - 20 marks Due Date – Week 10QUESTION 1 (4 Marks) Nicola and May are partners in a business which operates a second-hand book shop. They have two employees working for the business. The shop is located in leased premises. The business is doing well and has been profitable for them. An opportunity has arisen to purchase two second-hand book shops in nearby suburbs. Nicola and May are keen to expand their business. They will need a large injection of funds to purchase the additional businesses. They will need to appoint a manager to at least one of the shops, as they will be fully occupied by the other two. Nicola is concerned about her potential liability for the debts and liabilities of the partnership. Also, she is concerned about the future of the business if one of them should decide to leave, as the lease is in both of their names. Advise Nicola on the advantages and disadvantages of incorporating. If you recommend incorporation, what form of incorporation would be the most appropriate? Why? QUESTION 2 (8 Marks) Marcia is an entrepreneurial 17-year old with a busy window cleaning business. She is studying for a commerce degree. She wants to incorporate her business. She wants to become an employee of the business so that she can be covered by workers' compensation and superannuation. She completes the registration documents for a proprietary company. She uses her own name as the sole director/shareholder but falsifies her date of birth (showing she is 19 years old). ASIC subsequently registers the company having no knowledge of the fraud. A) If the fraud were discovered what could ASIC do about the company? Now assume a slightly different scenario. Marcia does not register her company until she is over 18. She wants to call the company "Marcia's Guaranteed Sparkle Pty Ltd". B) Will Marcia be able to...
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