Author: chris

Indri runs a soil-testing business. He decides to form a company to take over the business. He is the sole shareholder and sole director. Indri sells his business to the company at an inflated price and lends the company $90,000 to help meet the cost of purchase. As security for the loan, Indri arranges a mortgage over a vacant block of land, which he transferred to the company as part of the business sale. In the first year of operation, the business makes a small profit (after paying both Indri and his 20 daughter’s wages), but by the end of 2012 it is clear that the building industry is going through a major slump. Indri becomes desperate and works even harder. While working late into the night, Indri badly lacerates his hand and needs micro-surgery. His efforts to keep the business afloat are in vain and the company is forced into liquidation. On realisation of the assets, it is found that the company has approximately $95,000 to go towards meeting creditors’ claims of $210,000:

(a) If Indri is the only secured creditor, will he get back his $90,000?

(b) Can Indri claim workers’ compensation, assuming that he is otherwise entitled to it?

Question 2 

Mr Shifty, Ms Avoider and Mr Marginal call to make an appointment with your firm, Fees Ruthless,

solicitors. You have been asked to establish their new company (No-Tax Agents Pty Ltd). You advise

them not to bother with their own constitution, but instead to rely on the replaceable rules in the

Corporations Act. Advise who should be appointed as directors of their company in view of the

following information:

(a) Mr Shifty states that he does not want to be appointed a director or secretary. He suggests instead that:

his family company be appointed as a director; and the company not have a company secretary;

(b) Ms Avoider is currently unavailable for meetings as she has five months still to serve for her last

conviction for falsifying company accounts;

Mr Marginal is 72 years old and has Alzheimer’s disease. A trustee has been appointed to administer

his estate.

Assume that Mr Shifty’s family company subsequently goes into liquidation. In her report to ASIC, the liquidator states that the secured creditors have been repaid in full, but the unsecured creditors will not receive more than 20 cents in the dollar. The liquidator does not find any evidence of wrongdoing on the part of Mr Shifty or any of his fellow directors.

What (if any) ramifications does this have for Mr Shifty, assuming that ASIC’s records show that Mr Shifty has, over the last nine months, had a similar track record with two other small, proprietary companies?

Question 3

Alan and Bill are the only shareholders and directors of Sailaway Pty Ltd (Sailaway) which distributes and sells yachting clothing and equipment. As well as a warehouse andattached shop, Sailaway owns a large block of waterfront land which it uses for storage. Alan is also the chairman and majority shareholder of Broadacres Pty Ltd (Broadacres) which buys rural land for subdivision into hobby farms. Broadacres needs to borrow $1.5 million to fund its latest purchase. It already has a large overdraft and has no unencumbered assets to use as security for another loan. Alan organised a loan of $1.5 million to Broadacres from ABC Finance Ltd (ABC Finance) on the basis that Sailaway wouldguarantee the loan by executing a mortgage over its waterfront land. Alan signed the mortgage documents as a director of Sailaway and forged Bill’s signature as the other signatory. Tom, the local manager of ABC Finance, had been involved in earlier dealings with Sailaway and knew that its business did not include property development. However, Tom was away at the time the documents and the transactions were organised by a relieving manager who did not ask any questions about Sailaway’s involvement.

Broadacres is now in financial difficulties and has defaulted on the loan from ABC Finance. ABC Finance is seeking to enforce its rights under the mortgage against Sailaway.

Advise Sailaway whether it is bound by the mortgage.

Question 4

Andy, Bob and Chris were old school friends. Bob and Chris were running a surf shop together. The business was having financial difficulties. Andy had recently inherited a lot of money and Bob and

Chris asked him to lend the business $100,000 to enable them to buy sufficient stock for the summer season. Andy wanted to help his friends but also wanted to ensure that he would get his money back.He agreed to lend Bob and Chris the money in return for a payment of $10,000 per year out of the gross returns of the shop. The terms of the loan also provided that Bob and Chris would consult Andy about any major contracts entered into by the business and gave him a right to inspect the accounts at regular intervals.

Discuss whether or not a partnership exists between Andy, Chris and Bob.

Would it make any difference if the terms of the loan provided for Andy to be paid $10,000

per year out of the profits of the business?

PROPOSAL

Your Final Capstone Proposal is the next stage of the prospectus you wrote in Unit 3, which I returned to you with feedback, questions, and suggestions. Here you are writing about the project that you will complete in your NEXT course, MBA6900. Here you are laying the groundwork, and then you’ll have your final 6 week section to finish it. You should be doing research now, bookmarking things, saving sources, and getting as ready as you can because this is a large project for you to do in 6 weeks. Prepare!

So, this week you have an updated version of your prospectus, which is now an actual proposal. You should be using Appendix C of the project description (which you can find, among other places, in U03A3 resources box).

Be sure to look at the comments I made on your Unit 3 draft, then turn your prospectus into an official proposal. IMPORTANT NOTE: I want you to add one thing to these beyond the assignment directions – an OUTLINE. That is, a rough outline of the main sections that you will have in your actual final paper.

Basically, add a section called “outline” and then give a nice list of the main section headings that you will use to guide development of your actual capstone paper. So in this “outline” section you will have a list that includes introduction, company background, a few other sections, maybe SWOT, Recommendations and a Conclusion. Some people seem to misunderstand this and they turn their entire proposal into an outline. That’s not what I’m saying. Create your outline just as Appendix C shows. Just ADD an additional heading called “Outline” per the above.

So, your proposal should include everything required in the prospectus, an outline, and a deliverable section. See the project description for more information – again, it is linked to in U03A2. So, your prospectus is the start of your proposal, but add a bit more. Also, IMPORTANT, I want at least 2 citations in your proposal. This means you must do some research and cite sources, per your APA manual. More citations are better, of course.

As I noted above, when you submit your U5A2 proposal please add another section titled “Deliverables.” There, very clearly tell me what you are going to turn in, in your next course, for your final project. Tell me you will write a paper of X pages, and it will make X recommendations, you’ll have a power point and Connect presentation – be very clear. Note that the minimum length of the capstone paper is 20 pages (not including cover, abstract, references and so forth). Also, be sure to include the section called “Outline” where you give a working outline of your final project paper that is a list of all the major sections that you intend to have in your paper. Finally, be sure to read the scoring guidelines for U05A2 before you finalize. That’s what I use to grade it, so you should check it as you write it!

So, let’s summarize the proposal:

Use Appendix C of the project description as a sample.

See my comments on your U3A3 paper.

Add a “deliverables” section.

Add an “outline” section.

Have at least 2 APA citations (more = better!)

Proofread, proofread, proofread.

If you are annoyed at my repetitiveness here, good for you! It means you are on the ball. But I get so many proposals where the person did not understand what’s needed that I want to be as clear as I possibly can. 🙂

Activity Context

This assignment helps you develop the skills to master the following course competencies: •Analyze strategic issues to guide overall business decision making. •Integrate and apply core knowledge, skills, and attitudes to plan for resolution of key business challenges. •Communicate in a manner that is professional and consistent with expectations for members of the business professions.

Activity Instructions

For this assignment, complete the Final Capstone Proposal as described in the MBA Capstone Project Guidelines document given in the resources. Appendix C of this document provides a proposal outline for you to follow. Appendix D is the scoring guide from MBA6900. It is included for you to review as you draft your proposal to ensure that your project will meet the requirements. Submit your proposal as a Word document to this assignment.

Select three (3) and answer using evidence from the textbook and lectures and e readings (required) plus any o the provided optional resources as you see fit in at least 500 words each. Cite in accordance with MLA or APA.

1. Explain the Mexican origin myth.
2. How did liberties differ between Mexicans living in Texas and Mexicans living in California prior to the US-Mexican War?
3. How did the Mexican-American War impact the liberties of Mexicans residing in the Republic of Texas?
4. Discuss the culture of rural Mexican Americans in the nineteenth century.
5. What’s the significance of the Gadsen Purchase?
6. Explain the significance of Joaquin Murieta.
7. Explain the Cart War (1857).
8. What’s the significance of the Black Hand and White Caps?

E

1. EXAM 2 LOOK LIKE THIS

Select three and answer in at least 500 words using evidence from all required sources. Cite in accordance with MLA or APA.

1. Mass culture theorists would argue that popular culture is imposed on consumers from above by culture industries. Challenge or support this statement.
2. Several Chicano scholars have argued that Mexican American/Chicano pop culture serves to express opposition to the dominant Anglo culture. Support or challenge this assertion.
3. Why did orquesta Tejana music appeal to a different audience than did conjunto music?
4. What accounts for the popularity over several decades of groups such as Los Lobos and Santana in American pop culture?

Qualitative summary based on five approaches: Which one fits the LGBT populations the most?

Why?

Directions: Complete the two tasks associated with project time management and the three tasks associated with project cost management. (…total of five tasks) Put all your work on one word document. Separate your tasks by headings and/or page inserts. Remember… turn your work in on a word document as ONE attachment for grading.

NOTE: This is a continuation of the running case started in week three and continues through the rest of the course. Tasks based on this case are explained following the case study. These tasks will build on work done in previous weeks.

Project Time Management: Case Study

Tony Prince is the project manager for the Recreation and Wellness Intranet Project. Team members include you, a programmer/analyst and aspiring project manager; Patrick, a network specialist; Nancy, a business analyst; and Bonnie, another programmer/analyst. Other people are supporting the project from other departments, including Yusaff from human resources and Cassandra from finance. Assume that these are the only people who can be assigned and charged to work on project activities. Recall that your schedule and cost goals are to complete the project in six months for under $200,000.

Assignment – Project Time Management: 2 Tasks

1. Review the WBS and Gantt chart you created previously. Propose three to five additional activities that would help you estimate resources and durations. Now, identify at least eight milestones for the Recreation and Wellness Intranet Project. Remember that milestones normally have no duration, so you must have tasks that will lead to completing the milestone. Add your activities and milestones to your Gantt chart, creating a new Gantt chart. Estimate the task durations and enter dependencies as appropriate. Remember that your schedule goal for the project is six months. Copy the Gantt chart and network diagram to a word document.
2. After your Gantt chart and network diagram, summarize how you would assign people to each activity. Include a table or matrix listing how many hours each person would work on each task. These resource assignments should make sense given the duration estimates you made. Remember that duration estimates are not the same as effort estimates because they include elapsed time.

Project Cost Management: Case Study

Tony Prince and his team are working on the Recreation and Wellness Intranet Project. They have been asked to refine the existing cost estimate for the project so they can evaluate supplier bids and have a solid cost baseline for evaluating project performance. Recall that your schedule and cost goals are to complete the project in six months for under $200,000.

Assignment- Project Cost Management: Tasks

1. Prepare a one-page cost model for the project described in the Running Case, similar to the model below:

Source: TABLE 7-2 Types of cost estimates © Cengage Learning 2014

Use the following WBS, and be sure to document your assumptions in preparing the cost model. Assume a labor rate of $100/hour for the project manager and $60/hour for other project team members. Assume that none of the work is outsourced, labor costs for users are not included, and there are no additional hardware costs. The total estimate should be $200,000.

• a. Project management
• b. Requirements definition
• c. Web site design
  • Registration for recreational programs
  • Registration for classes and programs
  • Tracking system
  • Incentive system
• d. Web site development
  • Registration for recreational programs
  • Registration for classes and programs
  • Tracking system
  • Incentive system
• e. Testing
• f.  Training, rollout, and support

2. Using this cost model you created, prepare a cost baseline by allocating the costs by WBS for each month of the project.

3. Assume that you have completed three months of the project. The BAC was $200,000 for this six-month project. You can also make the following assumptions:

PV = $120,000

EV = $100,000

AC = $90,000

a. What is the cost variance, schedule variance, cost performance index (CPI), and schedule performance index (SPI) for the project?

b. How is the project doing? Is it ahead of schedule or behind schedule? Is it under budget or over budget?

In this assignment, you will be creating a personality portfolio based on the results of your six leadership assessments that you self-select via an Internet search. The importance of knowing your leadership style, strengths, weaknesses, and which style is best suited for managing change will be imperative to your success in industrial/organizational (I/O) psychology, whatever role you take on.

Specifically, write an 8- to 10-page report including the following:

• Self-select six leadership assessments via an Internet search. Take the assessments and identify trends and patterns in your strengths and weaknesses indicated by the results of the assessments. Describe these patterns and trends in your report. You must choose assessments that include:
  • Leadership and ethics
  • Emotional intelligence and leadership
  • Diversity and leadership
  • Leadership styles
  • And two other choices**
• Develop an action plan to address the weaknesses you discovered and how you might use your strengths to overcome the weaknesses.
• Identify a leadership style that is best suited for managing organizational change. Compare and contrast your style with this leadership profile best suited for managing change in organizations.
• Indicate to your potential client why your leadership style is best suited for this company (identify one or use your first scenario in RA 1), including how you could be successful in assisting with managing change within the company.

Your final deliverable should be an 8- to 10-page document in Microsoft Word, utilizing a minimum of eight scholarly sources. The use of a table to display assessment results is encouraged. Apply APA standards for citations and references on slides.

** Free leadership assessments found online do not always publish reliable and valid data. In practice, as an industrial/organizational (I/O) professional, you will always want to ensure that you use measures that are appropriate for your sample and purpose. Equally important, you will want to ensure that the measures you are using have established reliability and validity. Frequently, these types of measures require usage fees. For convenience and to avoid potential fees, this assignment is allowing you to use free online leadership assessments.

Length: The research paper should be 9 to 10 pages in length. The page count does not include the Works Cited, Reference, or Bibliography page, or the title page or abstract if required by your documentation style. The page count refers only to the text of the paper itself. You will lose points on your final research project if you go over the 10 page  limit by more than 250 words. Part of effective writing is being able to complete the assignment within the designated limits set.

Sources:  Your final source page should contain at least 7 sources; you will lose points if you have fewer. Points will also be deducted if you do not consistently follow the format rules for the style you are using in your paper. Use the APUS Citation Guides for determining proper citation format here; automatic citation programs are not always correct.

Important step:  Please be sure that your research paper is submitted here as a Word file. It will then be processed in Turnitin.

Immaculate Flight is a nationwide aircraft detailing company located in many major airports across the United States. The company is comprised of a senior leadership team, location manager, and local aircraft detailers. They detail privately owned aircraft for a higher class clientele. Immaculate Flight is a service based company that does not sell products. However there are a few systems they use in order to accomplish the common tasks required of any business. The accounting transactions take place all in Grand Rapids, MI in a small accounting department with 2 people.
There are three main information systems that Immaculate Flight currently uses. There is a work order tracking and customer database system. This is used by the location managers for daily entry of new customers and work orders. There is the payroll system that keeps the employee files and processes the payroll. Both of these feed into the accounting system, Immaculate Flight uses QuickBooks.
The work order tracking system, from now on referenced as WO Flight, is for the location guys to use for many things. It is there to create new customer files. The new customers that are added to this system are also added to QuickBooks. Second, and most important, this system is a work order creation and tracking system. As soon as an order comes into a location manager, they add it to the system, whether the cleaning is that day or a week or two in the future. This allows the scheduling department and senior leadership to take a quick glance at any given time to see how busy a location is. This allows the schedulers to anticipate their availability and possible needs for a given time frame. The output part of this system is a billing spreadsheet that is generated weekly. Currently this is just a spreadsheet that is exported into an excel file. This file is then taken by the accountant and hand entered into QuickBooks.
The payroll system is called Paycor, and it tracks employee files and payroll. This system produces many reports that are essential for tracking employee information. This system creates paychecks, tax reports and payments, W2’s, along with the new Affordable Care Act reporting that has started this year. One of the most helpful features of the payroll system is the export of an IIF file that will be the general journal entry that gets imported into QuickBooks. This is where all of the payroll expenses is transferred from the payroll system to the accounting system.
Lastly, QuickBooks, is the accounting system used. This is where most of the management reports are derived as well as external financial reports. All the receivables, payables, and banking are handled in this system. QuickBooks is where management turns for the reporting it uses to make managerial decisions for the company. For example, the biggest expense for Immaculate Flight is payroll. They look at payroll percentages on a monthly bases and make sales initiatives as certain locations or scale payroll back in others depending on the time of year and area.
The most critical system that needs improvement is WO Flight. It is a very new, homemade system, which it is still in the beginning of its life. It is also available to all of our managers which increases the chances of our customer files falling into the wrong hands. Paycor is the second system that would need improvements, solely based on the user interface and training. Lastly, QuickBooks would need the least amount of improvements. This software has been around a long time and has stood the test of time. There would be minor issues that could be changed to make the system a little more user friendly.
Internal Controls are a weakness currently at Immaculate Flight, there are after all only two people in the business office performing multiple tasks. The five components of internal controls are:
Control Environment
Risk Assessment
Control Activities
Information and Communication
Monitoring
(Boyle, Cooper, & Geiger, 2004, p. 28)
Currently, the Controller is in charge of the bulk of the internal controls (which are scarce). The controller checks all of the other accountants work, has access to all duties, reconciles and audits those duties. The two checks that are in place are that the President of the company reconciles the bank daily, and the CPA office audits the books on a high level.
In WO Flight, there is a sequential work order numbering system, this disallows for duplicate work order entry. There is a locking mechanism put into place where at the end of the week work orders are locked and cannot be changed. There is also the inability to add tail numbers under multiple client files. In QuickBooks, there are all of the controls set in place that come with a canned system, sequential check numbers and the ability to segregate duties by giving and taking away employees access and permissions.
Overall, the internal control system is lacking quite a bit. One person as the ability to perform all functions and there is not too much flexibility in segregating duties down further as the accounting office is quite small.

You are a new associate at the law firm of Dewey, Chetum, and Howe. John, a former researcher at PharmaCARE, comes to your office. He has concerns about PharmaCARE’s use of AD23, one of the company’s top-selling diabetes drugs. Two (2) years ago, after PharmaCARE’s research indicated that AD23 might also slow the progression of Alzheimer’s disease, John and his team of pharmacists began reformulating the drug to maximize that effect. In order to avoid the Food and Drug Administration’s (FDA) scrutiny, PharmaCARE established a wholly-owned subsidiary, CompCARE, to operate as a compounding pharmacy to sell the new formulation to individuals on a prescription basis. CompCARE established itself in a suburban office park near its parent’s headquarters. To conserve money and time, CompCARE did a quick, low-cost renovation.

CompCARE benefited from PharmaCARE’s reputation, databases, networks, and sales and marketing expertise, and within six (6) months had the medical community buzzing about AD23. Demand soared, particularly among Medicare, Medicaid, and Veterans Affairs patients. Seeing the opportunity to realize even more profit, CompCARE began advertising AD23 directly to consumers and marketing the drug directly to hospitals, clinics, and physician offices, even though compounding pharmacies are not permitted to sell drugs in bulk for general use. To circumvent this technicality, CompCARE encouraged doctors to fax lists of fictitious patient names to CompCARE. PharmaCARE sold CompCARE to WellCo, a large drugstore chain, just weeks before AD23 was publicly linked to over 200 cardiac deaths.

As CompCARE and its new parent company enjoyed record profits and PharmaCARE’s stock price approached $300 per share, reports started surfacing that people who received AD23 seemed to be suffering heart attacks at an alarming rate. The company ignored this data and continued filling large orders and paying huge bonuses to all the executives and managers, including John, whose wife recently died from a heart attack after using AD23.

John has come to you with an internal company memo describing the potential problems with AD23, and information describing the company’s willingness “roll the dice” and continue to market the drug.

Your senior partner has asked you to write a memo outlining the following issues for review by the senior partners.

In preparation for this assignment, use the Internet or Strayer Library to research examples of intellectual property theft that occurred within the past two (2) years.

Write an eight  (8) page paper in which you:

1. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question.
2. Argue for or against Direct-to-Consumer (DTC) marketing by drug companies. Provide support for your response.
3. Determine the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the FDA could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices. Support your response.
4. Analyze the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to being the true “inventor” of AD23. Suggest at least three (3) ways the company could compensate John for the use of his intellectual property.
5. Summarize at least one (1) current example (within the past two [2] years) of intellectual property theft, and examine the effect on that company’s brand.
6. Analyze the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23.
7. Specify both the major arguments that John can make to claim that he is a whistleblower and the type of protections that he should be afforded. Justify your response.
8. Use at least three (3) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

• Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
• Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

• Analyze and assess legal and ethical restraints on marketing and advertising, relative to both consumers and organizations.
• Analyze and evaluate laws and regulations relative to product safety and liability.
• Explore copyright laws and intellectual property rights and assess how well they balance competing interests.
• Use technology and information resources to research issues in law, ethics, and corporate governance.
• Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics