Comparative Company Law Case Study Example | Topics and Well Written Essays - 2500 words

Comparative Company Law - Case Study Example Following that we will look at relevant case law to see where ECJ standing is in this issue. Article 48 states: "'Companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community shall, for the purposes of this Chapter, be treated in the same way as natural persons who are nationals of Member States.' The treaty clearly states that a legal person, such as a company or firm, must be treated in the same way as a natural person, therefore a company must be able to move between member states without any restrictions. Saying that, it should be pointed out that the case of a company is more complicated, as unlike a natural person a company can stand at two different places simultaneously. Matters complicate even further when we consider that a company should be formed in accordance with the law of a Member State. Across Europe recognition of companies differs from Member State to Member State. Broadly speaking Member States take two approaches at recognising a company as having a valid legal personality. Most of them follow the real seat theory, others follow the incorporation theory. A country which follows the incorporation theory, such as United Kingdom, recognises a company as a legal personality providing it is incorporated in any of the Member States. The incorporation theory gives companies the freedom of choosing the law applicable to them. Meanwhile the real seat theory requires a company to be subject to the law of the country where its effective centre of administration is located. Supporters of this theory say that "a dominant proportion of the promoters, directors, officers, share holders, and debt-security holders of a corporation is more likely to be concentrated in the country where the genuine head office is located than in any other single country." Therefore it is necessary for the company to be subject under the law of the country where its main place of business is, in order to protect costumers, creditors and shareholders of that company. For example, if a company is incorporated in England, but the company's headquarters or central administration is in Germany, which follows the real seat theory, than France, another country which follows the real seat theory, would recognise this company as subject to German law. As this company is not incorporated in Germany hence is not recognised as a legal personality by German law, then nor would France recognise it as a legal personality. This situation might happen when the growth of a company's branch drives it to become the principal place of business. In such case the company would have to be liquidated and reincorporated, something directors would want to avoid. Such obstacles surly prevent and make it not an easy option for a company to move within European member states, so how has this theory managed to survive while faced with Act 43 and 48 of the EC Treaty on the principle of freedom of establishment. The treaty gives three connecting factors between a company and a member state namely: "registered office, central administration or principal place of business" to take account of different systems of company law within Europe. Furthermore article 239 states that Member States should enter in negotiations

Social Media Project Assignment Example | Topics and Well Written Essays - 1250 words

Social Media Project - Assignment Example The topics circled to address customer trust issues are wide ranging from the employees, product launch and customer service. However, the core problem identified is the customer care and after sales services as highlighted by the selected posts below. The negative perception by customers makes one wonder why Wal-Mart is still the largest retail chain in the world. A key profit determinant would be improvement in the public relationship area for it would multiply their current earnings based on the obviously large number of dissatisfied customers which must be the fraction enjoyed by its competitors. No. Date Feedback 1 12th 04/2012 Webersouza Flamengo: Always admired Wal-Mart till it came to Brazil and got hired. Disappointed because it segregates customers and employees according to its own preference. He was fired. 2 11th 04/2012 Kimberly Smith Higashi: Wal-Mart had a grand opening in San Jose L.A and totally forgot it’s all about customers who were neglected and felt disap pointed for attention was reserved to Wal-Mart executives and Employees. 3 11th 04/2012 Sandy H. Parker: Disappointed by Wal-Mart Online order services because her order was delayed and moved to a later delivery date and the customer care did not have courtesy to inform her. 4 10th 04/2012 Ben R. Dazzle: He claims Wal-Mart is the worst thing to ever happen in USA because it uses child labor from immigrants as well as chokes down small family retail businesses. 5 9th 04/2012 The worst store to buy a computer: Wal-Mart only cares before it gets your money then changes. Their goods do not reflect the warranties thus when defective, consumers end up suffering. Wal-Mart does not investigate the sources of its products. The above 5 posts represent a summary of 30 posts evaluated from the start of March this year to the current day. The main issues of concern can be diagrammatically represented in a pie chart as follows. The leading was dissatisfied customers from poor after sales services which included purchase of faulty products that were not accepted back in exchange by warranties and guarantees. The employees were not effective in advising the customers on how to service and maintain some of the purchased products. No one really cared after money was exchanged for a product reason being they had many more people to serve. Poor customer care was also an issue especially with regards to low effectiveness and efficiency in the customer service department. Delays and inconveniences highlighted this segment, many a times causing embarrassment to the customers. Majority vowed never to come back in these incidences. Misplaced marketing vision is best defined at new outlet launches where the attention seemed to be given to the executives and staff members thus making consumers feeling unwanted. The store also pays more attention in marketing themselves rather than what they offer to the consumers. Adverts should show a substantial content of what brings people into the stores; the products and services, rather than magnificent buildings and smiling employees. Weak employment policies refers to the child labor issues with focus on foreigners, low pay packages to employees, poor working conditions which make employees tired and thus impacting on customer interactions in a negative way. It is evident from the site that Wal-Mart has done little to explore social media options as well as collect electronic

Company Report of Barratt Developments PLC Essay

Company Report of Barratt Developments PLC - Essay Example In the comparison of the company’s recent performance to that of its closest competitor, Taylor Wimpey Plc it is noted that thou it generates more revenue than this competitor it posted lower profits due to huge expenditure arising from a huge debt repayment. Under the third section of the report, the strategies of market penetration and development are presented as the reasoned strategies for the future economic success of the company. 1.0 Introduction The historical background of the modern housing sector in the United Kingdom indicate that initially the sector was dominated by the government and private companies, which constructed houses for their workers but there was very little participation of private specialized construction companies. However, this changed with the increased pressure to adopt the neo-liberalization economic practices that encouraged privatization of most public corporations and led to the emergence of specialized construction companies, which revolut ionized the housing sector and resulted in the development of unique, well-designed, and constructed houses and business premises (Lowe, 2011). This report focuses on the Barratt Development PLC, which is among the largest residential property development companies in the United Kingdom. It has been in operation since 1958 and is largely acclaimed with the development of the UK residential property sector (Lowe, 2011). This study will commence by looking into the economic environment in which the Barratt Development PLC operates. Secondly, it will critically appraise the company’s financial performance in the recent years whilst comparing it to its closest competitor. Lastly, the study will incorporate an economic model and provide related information as appropriate in order to devise reasoned strategies for the future economic success Barratt Development Plc. 2.0 Economic environment in which Barratt Developments PLC operates Among the crucial economic factors that can indic ate the health of the UK economic environment in which Barratt Developments PLC operates in include interest rates and the prevailing income levels (Myers, 2013). This discussion will also incorporate an analysis of the impact of government policies on the housing sector and their impact on the operations of Barratt Developments Plc. 2.1 Interest rates In the studies conducted by Myers (2013), he stated that the interest rate levels within a country largely determine the accessibility of credit and in this case the accessibility of mortgage. The rate of interest at which borrowers are going to repay back their mortgage largely determines the booms and busts on the UK’s house prices. If the rate of interest charged on mortgage finance is considerably high, first time homebuyers will be discouraged and this will lead to a bust in the housing prices due to the low demand. If the level of interest rate is perceived to be at an affordable rate then first time homebu

Linguistics for Elementary Teachers Essay Example for Free

Linguistics for Elementary Teachers Essay After reading the first and second chapters, in How Linguistics are Learned, I am interested by what Lightbown and Spada (2006) argued. The authors claimed that â€Å"The development of bilingual or second language learning is of enormous importance† (p. 25). They argued also that acquisition of more than one language in our new global world is rewarding for bilingual individuals socially and economically. The authors stated that most children nowadays are exposed to more than one language during their early childhood and schooling time. Some may learn two languages at the same time ‘simultaneous bilinguals’ while others may learn the other language later ‘sequential bilinguals’. There are situations where children are cut off their family language while they are very young. They may stop speaking their family language. This might represent a reason for concern. Researchers have recently devoted a considerable amount of their time and energy to investigate children’s abilities to learn more than one language at early age. The goal is to help students to learn a second language at early age and facilitate that for teachers and educators. This subject matter is interesting and challenging to me personally because it is connected to my experiences as a teacher and principal of multicultural schools environment with language learning /acquisition and education. My first language is Arabic; English is my second language. I started learning English while I was at Middle school; I was 12 years old. I have been all my life in education. I worked a teacher and principal. I worked in Jordan, Kuwait, Iraq, Canada and the US. I have worked with students from different countries speaking different languages in multicultural schools environment. My current school is Annoor Islamic School (AIS) in Wichita, KS. It is a private school, Pre-K through 8th grade. Students enrolled are 157 from 20 countries and 90 % of them are bilingual or trilingual. Students speak more than five different languages at their homes in addition to English. Due to the fact that our school is an Islamic school all our students are Muslims. AIS provides higher quality of education for students. They learn, in addition to public schools’ curriculum: Al-Quran al-Kareem, Islamic Studies and Arabic Language. Teaching Arabic for the non-native Arabic speaking makes them trilingual. It may look difficult for students, but in reality they want to be able to read Al-Quran. Al-Ksareem. They are highly motivated to learn more about their religion and read Al-Quran Al-Kareem in the Arabic Language. Based on my experience and observations all these years as a teacher and principal, I found that my bilingual students have higher academic results compared to their non-bilingual counterparts. The same conclusion was confirmed by developmental psychologists’ research as Lightbown and Spada (2006) stated. I also found that bilingual students’ skills are transferrable. The skills and knowledge that bilingual students know through their first language are transferrable. They can present these skills knowledge in their new second language easily. At my current school AIS, students startlearning anther language at age 3-4 years old. I found it is important to start young students learning a language other than their own from at an early age. That’s when they pick up a language the fastest. It is important because we need to know more about other nations’ cultures and history to improve world relations.

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Good stuff...be sure to note #1 below All: I have created a simple tool that I have given to our UPNY TeleSales reps to help them best identify which rate plan a customer should be on. It should be simple to use. In qualifying the customer, the rep enters the customers expected # of calls he/she will make on a daily basis (weekdays ONLY), and the program will calculate which America's Choice rate plan would be the least expensive, and which rate plan would give the customer the most value (given their usage). The purpose of the sheet is to help UP-SELL to higher rate plans, focusing more on the VALUE of the plans vs. the COST. The spreadsheet is LOCKED, prohibiting a rep from making any changes. It allows him/her to enter the # of phone calls the customer is expected to use daily (weekdays). This "should be" the only cell the rep needs to enter in, although one other cell is left UNLOCKED ... the average minutes/call. There are, in 2002, 21.75 weekdays/month, which is hard-coded in. KEEP IN MIND, PLZ ... this is a simple tool to help guide the rep to which rate plan to suggest. It is not a full blown detailed report of what the customer will be billed. It should NOT be shown to customers. It takes simple assumptions into consideration (ie: should the customer still have >10% of his plan minutes left over at the end of the month or should the delta between two rate plans exceed $25 or more per month, the program will not recommend the next rate plan up). Keep in mind also that this is newly created and has not been tested yet by the reps. Should any reps find any errors or suggestions to improve it, please let me know and I will fix &/or enhance it. It should be self-explanatory, but I will be happy to go over it with anyone that asks. As I hear feedback from reps, I will make changes and send you out a new & improved version. I am sending this to you in hopes that you might find it useful in your channels as well. If you wish to not receive future versions, just let me know. INSTRUCTIONS: 1.) The simplicity is to have the reps probe to find out how many calls/weekday the customer is expecting to make. This program DOES NOT calculate "off-peak" airtime.

Essay on the Devil in Paradise Lost, Holy Bible, Faust, and Devil and T

The Devil’s Role in Paradise Lost,   The Bible,   Faust, and  The Devil and Tom Walker  Ã‚   The devil's role as the inspiration for rock-and-roll is already well documented and commonly understood. Perhaps less well documented is the role of the Devil as inspiration for literature. The Devil has played an active role in literature for quite a while with his name appearing in stories for centuries. The historical devil has not always been personified. Initially, in religious settings, he was represented as a feeling or power, in attendance as the force of evil, an antagonist to goodness and divinity, and temptation for humans. Although not always represented as human, he has always been represented. In fact, demonstrating that he has always been an uneraseable threatening force, early religious accounts show that his existence actually "precedes the worship of a benign and morally good Deity."1 Much later, certainly by the time of the blues of the 1920s and 1930s, songwriters were repeating the tradition of representing the devil as a person. Perhaps the most famous example is Robert Johnson's "Cross Road Blues," in which the singer describes a dangerous meeting with the devil while hitchhiking. In southern literature, Flannery O'Connor drew from Poe and Hawthorne to illustrate this, as well.2 A few centuries of literary evolution have not only reconfigured the devil, they have shifted the site of his battles from the heavens to the earth. Essentially, his battles changed arenas three times.3 First, the devil battled God in their once-shared home -- the arena of Heaven. After this falling out, the devil and God competed for the hearts of men in parables, as in the story of Adam and Eve in the Garden of Eden. The third, mo... ... Rudwin, p. xi: "[W]hen Satan was asked to explain the cause of God's enmity...he replied: 'I wanted to be an author.'" 16 Carus, p. 407. 17 Russell, p. 12. 18 Revard, Stella Purce, The War in Heaven (Ithaca: Cornell University Press, 1980), p. 234. 19 Levine, p. 403. 20 Saxon, Lyle and Robert Tallant, Gumbo Ya-Ya (Gretna, LA: Pelican Publishing, 1987), p. 80. 21 Irving, in Rudwin, p. 31. 22 Werblowski, p. 96. 23 Caballero, in Rudwin, p. 154. 24 Caballero, in Rudwin, p. 161. 25 Werblowski, p. 219. 26 Baudelaire, Charles Pierre, in Rudwin, p. 222. 27 Thackeray, William Makepeace, in Rudwin, p. 79. 28 Poe, p. 482 29 Caballero, in Rudwin, p. 157. 30 Carus, pp. 407. 31 Carus, p. 7. Also, "...there seems to be no exception to the rule that fear is always the first incentive to religious worship." Carus, p. 6. 32 Russell, p. 12. 33 Rudwin, p. xi.

Geography Study Chart Places and Regions Essay

Studying the World Regions and Places units in your course Many students find the course content on world regions, countries, and places to be some of the most challenging material to learn. The combination of student unfamiliarity with the world regions and the large volume of information to be learned can be overwhelming. To help you organize your studies, keep in mind WGU’s intention behind this course, which is for competent students to have a strong grasp of the major human and physical geographic conditions that interact to shape our world. When you are studying world region, we want you to emphasize the 1) â€Å"big picture† of the geographic conditions in each world region, 2) the major countries of that region, and 3) how that region relates to the rest of the world. Creating a consistent framework for studying each world region may help you retain the knowledge you need to be successful in this course aspect. We recommend trying to identify the 2-3 most significant / most important physical, cultural, economic, and political characteristics that exist within each world region. We do not guarantee that you are only tested on those features, but the process of identifying the most significant characteristics from the broader range of information about each world region is an excellent study strategy that also will ensure you leave our course with a strong, general knowledge of the major geographic conditions around the world. You are welcome to use the grid, below, to help organize your study material.