This Critique Will Review The Article “Stock Or Cash The

This critique will review the article â€Å"Stock or Cash? The Trade-Offs for Buyers and Sellers in Mergers and Acquisitions† by Alfred Rappaport Mark L. Sirower. The purpose of this article is to offer managers and stockholders a new way to think through the process of acquiring or selling a company. Also, this article provides insight about when it would be helpful to use cash, stock, or a mixture of both. According to the article, mergers and acquisitions have become a new means for a company to grow. In years previous, mergers were paid for entirely in cash. Now however, mergers are seen being paid for all in stock. This article allows managers and stockholders to ask themselves necessary questions in order to make the decision that is†¦show more content†¦Also, the shareholders of the acquired company can be more vulnerable to decreases in price of stock because they are assuming part of the price risk in this structure. Companies also have the option of using the fixed value of shares structure. By using this structure, the number of shares does not become fixed until the date that the transaction is closed. This means that the proportion of ownership of the company that is continuing is not know until the end of the deal. With this structure, the acquiring company assumes all the price risk from the time the merger is announced until the time the deal is closed. I found this part of the article to be extremely helpful because the authors broke down the types of structure of the exchange of shares in such a way that even though I was never exposed to these different structures, I was able to understand the key difference between the two. I believe this section of the article could provide valuable insight to mangers in order to help decided what structure they should take if they chose to finance using stock. This article also provides helpful questions for both the acquirer and the seller to consider about the use of stocks or cash. The article provided three questions for the acquirer, two that would help them choose between cash or stock, and one to help them choose betweenShow MoreRelatedFin 534 Week 9 Assignment 1 - Financial Research Report1624 Words   |  7 Pagesconsider as an investment opportunity for your client. (Note: Please ensure that you are able to find enough information about this company in order to complete this assignment. You will create an appendix, in which you will insert related information.) The assignment covers the following topics: †¢Rationale for choosing the company for which to invest †¢Ratio analysis †¢Stock price analysis †¢Recommendations Write a ten to fifteen (10-15) page paper in which you: 1. Provide a rationale for the URead MoreFinancial Research665 Words   |  3 Pagesinformation about this company in order to complete this assignment. 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Unanswered Issues With The Mayor of Casterbridge Ap Essay Samples Revealed

Unanswered Issues With The Mayor of Casterbridge Ap Essay Samples Revealed Fate is natural and irony is part of fate. You don't require rhetorical flourishes. Conversely, Henchard does possess some positive facets and for that reason, this means that character isn't directly proportional to fate. The War Against the Mayor of Casterbridge Ap Essay Samples Henchard resolves to earn a new start in life. The ordinary man will have the ability to grasp that the severity of Henchard's impulsivity is unacceptable. This causes people to believe that they have had pre-marital sex. However, during the Victorian Era, various kinds of women began to form. During the next calendar year, Henchard's life gets fairly settled. He explores how personal choice might or might not influence the results of an individual's life. Read all of it on your own and you are going to get hooked. He's not how I thought he'd behe overpowers me! Overall I discovered these interesting. I read this bo ok in college as a portion of a terrific college class I was in. The graders know that you could have to rush to complete the previous question, so don't be scared to abbreviate or write partial sentences in case you must. The student forces the reader to create the connections. However, you've got to understand the content well to compose an excellent responseso get back to studying! This isn't an instance of the work generated by our Essay Writing Service. Analysis The bodily surroundings within this chapter serve to strengthen the dramatic movement of the unpleasant events. He continues this with a terrific number of vocabulary using his education. The prompt vocabulary will say precisely what to do in your essay. The 30-Second Trick for the Mayor of Casterbridge Ap Essay Samples She moved on to a different portion of the area. They're all in a sense moving a portion and, most significantly, on account of the function they've assumed or been made to presume are perceived in various ways. They opt to continue to keep their previous relationship a secret from Elizabeth-Jane. Define each of these rules 2. Look closely at dates and terms. Initially the search is unsuccessful because Michael refuses to spell out the conditions of their parting. In general, this statement can be agreed to a large extent. So that your answer has to be focused. The Honest to Goodness Truth on the Mayor of Casterbridge Ap Essay Samples He is sure that there's ample business for each of them. The manual method makes the procedure too cumbersome, and in the majority of cases houses are allocated in a haphazard fashion, without due procedure, resulting in unfair allocations. This method through its seven steps helps the stakeholders concentrate on the issue and the way to determine suitable solutions. Henchard and Farfrae's once companionable small business partnership starts to decay. He walked down the principal street of the town, stopping at each shop and inn to provide his expert services. She ascended to the peak of the steps. Open to residents in the usa only. Honestly, it's only because you're reading it and methodically g oing through it and picking out stuff that it's so boring. Conversely, it's never morally acceptable to lie to anybody, especially to someone who's as near Henchard as Elizabeth-Jane is. In the beginning the hag doesn't recollect the shameful event. In such files, he found an article describing the selling of a wife via an auction. He hasn't been told by Susan that Elizabeth-Jane isn't really his daughter. The Mayor of Casterbridge turns out to be an intriguing novel, that offers everything modern day critics aspire to keep from the hands of children. He desperately attempts to find Newson, Susan, and Elizabeth-Jane, but nobody knows where they've gone. Farfrae takes the chance to obtain Michael's headquarters and provide a job to Michael. The morning after, Michael awakens.

Relationship between Jason, Tom and Rupert Partnership or Not Free Essays

To answer the question either the nature of relationship between Jason, Tom and Rupert is the partnership relationship or not ,first we need to define what is the partnership? A partnership is the relationship between persons who carry on a business together in common with the view of making a profit. First of all we should consider, Is there any valid agreement between the parties? In this case, Jason, Tom and Rupert have no partnership agreement. The partnership agreement can be oral but it is recommendable to put the agreement in writing because a partnership is a contractual relationship itself. We will write a custom essay sample on Relationship between Jason, Tom and Rupert: Partnership or Not or any similar topic only for you Order Now So the relationship between them may be not a partnership relationship. However, based on the definition of partnership, there are three essential elements that are required for the existence of a partnership. The following factors have to provide in order to conclude that partnership exist among the parties: Carry on a business In common; and With a view of profit Firstly, we consider, Are the parties carrying on a business? According to the Partnership Act define that business includes trade, occupation and profession and carrying on a business implies some continuity or repetition of action.Jason, Tom and Rupert work together and run a Real Estate Agency which is considered to be a carrying on business with a view of continuity. Secondly, is the business carried on in common? We can say partnership is a branch of agency law because the meaning of partnership means the partners act as agents for each other. Carry on a business in common mean the business must be carry on by, or on behalf of, all the partners. In this case Tom, Jason and Rupert are working together to run a business so they must to take an active role in the affair of business. We can see the case of Checker Taxicab Co Ltd v Stone (1930).The court held that the relationship between the parties was not partnership because it was not a business being carried on by persons in common. The driver hired a taxi car from the owner of a garage so the owner have no control over the driver so that there is no evidence of mutual rights and obligations between owner and driver. Plus working together to form a company is not carry on a business in common, check in case Spicer v Mansell (1970). Come back to the case of Jason, Tom and Rupert, the Real Estate Agency already run a business which is already set up everything and making profit as well.The parties Tom, Jason and Rupert clearly have a common purpose and active role in their company, the proof is company pay them salaries. They involve in the company’s activities such as Jason contact customer and sold the house to Mrs Rogerson and so on. In this circumstance, we can clearly conclude that the parties are carrying on a business in common. Thirdly, are they carrying a business in common with a view of profit? In this rule the business must be established with the intention of making a profit for the partner.Back to the fact, we can see the parties set up everything, open bank account, create trust account. They are running a real estate agency, absolutely with a view of profit. There are another 3 rule to determine when a partnership exists: Co- ownership of property, sharing of gross returns and sharing of profit. However, in this circumstances we should not consider these three rules . b/ In section 11 Partnership Act 1982-Misapplication of money or property received for or in the custody of the firm: â€Å"In the following cases involving general partners in an incorporated limited partnership: a) where one general partner acting within the scope of the general partner’s apparent authority receives the money or property of a third person and misapplies it, (b) when an incorporated limited partnership in the course of its business receives money or property of a third person, and the money or property so received is misapplied by one or more of the general partners while it is in the custody of the incorporated limited partnership, The incorporated limited partnership is liable to make good the loss†According to section 11, the firm and partners are liable for misapplication of money or property but in detail in section 13 say: â€Å"If a partner in a firm other than an incorporated limited partnership being a trustee improperly employs trust proper ty in the business or on account of the partnership, no other partner is liable for the trust property to the persons beneficially interested there in: Provided as follows: (1) This section shall not affect any liability incurred by any partner by reason of the partner’s having notice of a breach of trust, and 2) Nothing in this section shall prevent trust money from being followed and recovered from the firm if still in its possession or under its control. † In this case, Rupert took the decision by him self without discussion and authority of another partner Jason and Tom but he did not use that money for his personal purposes, he used the money to replace the firm’s computer system. Plus he is a person incharge of office equipment, he has a right to maintain the computer system and increase the company assets and the expenses for computer system may replace in a few day as he expected.On the other hand, he is wrong for not following procedure and disregard his partners. If the misapplication of money lead to a big loss or unnecessary expense for the company, Rupert will completely liable to the company and his parties. For Jason and Tom, according to section 11 and 13, if the consequences are not serious and the company still in its possession or under its control, they may not liable. However, the parties normally liable for their partners conduct because liable for wrong is â€Å"joint and several†. So Tom and Jason may liable for Rupert conduct even Rupert took the decision by himself but in common Mrs Rogerson is Jason customer, he should follow up the case and Tom is working within the company he should keep an eye and manage the business as well. See in the big picture, If Tom and Jason so much careless and Rupert do some wrong decision or advice to the customer, as a partners Tom and Jason also liable for his partner conduct. See case Polkinghome v Holland (1934)Question 2 a/ Trustees have a official responsibility to act with honesty and fairness on behalf of the property’s beneficiaries. In this case, there is a lost on those tasked with these responsibilities or we can say the trustee is being â€Å"breach of trust†. The trustee action of sold four of six shops, which are belong to the unit trust holder, to the friend at a price less than the market value is evidently show the dishonestly of the trustee.When this thing happen, as a position of a beneficiary who have a right to apply for court orders under the trustee Acts of each state and territory, the trust holder have the right to inspect trust documents and to receive information from the trustee. As a trustee who will not able to use the trust asset, he also has to act honestly according to his duties including: Keep the proper financial records, Give full and frank disclosure to the beneficiaries of important matters relating to the administration of the trust, Act only within the term of the trust deep, or on instructions from the beneficiariesExercise due care and diligence in the administration of the trust Act fairly between the beneficiaries and, Act only in the interest of the beneficiaries within the term of the trust and avoid conflicts of interest. Base on that duties of the trustee, the trust holder have a right to ask trustee disclose all the financial record show that when and how much he sold the shops to his friend, collect all the proofs for the court and sick for the directions from the court to assist in enforcing the proper administration of the trust.Because the trustee acts in breach of their obligation and duties see the case Scott v Scott (1962) 109 CLR 649, the trust holder can seek relief from the court including: Replace the trustee because the trustee has taken advantage of his position to get his own benefits Windy up the trust An injunction again further breaches to stop the trustee for further more action against the beneficiary. A rescission of a contract entered into by the trusteeThe imposition of a constructive trust over property improper obtained by the trustee and, An account of a profits improperly made by the trustee b/ The situation also like in the case above, the trustee used the property for hi s own use, he withdrew $200,000 and purchase a property in his own name and now it worth $350,000. In this serious problem, it is also a right of the beneficiaries to make the trustees accountable to the trust and to sue the trustee for their acts against the terms of the trust deed.The trust holder can make a claim in damages and compensation. In this case, the property that worth $350,000 should be belong to the trust holder because the trustee use the money from the trust holder property to invest on another property, trustee put non of his own money in, so there is no personal risk see the case of Paul A Davies Pty Ltd v Davies (No 2) [1983] 1 NSWLR 337. Plus he use the money to invest without consult to the trust holder, this is the action of dishonestly and breach of duties How to cite Relationship between Jason, Tom and Rupert: Partnership or Not, Papers