Highlights
ASIC is currently short staffed and they have asked you to write a report for their legal department to help the team, they have asked you to:
1. Provide advice regarding the directors’ potential liabilities, any breaches and any likely defences by reference to the Corporations Act and any relevant cases:
• Youzou
• CFO
• Harry
• Sonjin
2. Provide advice regarding the shareholders rights and recommend any legal action available to the shareholders to try to recover the money they have invested in the company as shares or to protect their investment. In your advice, explain if it is likely that the company was insolvent in March and why/why not.
3. Recommend to Daisy any options she has available to her as a secured creditor to try to recover the debt she is owed. The payment is now 10 months overdue.
Do not make reference to any temporary Covid-19 amendments to the Corporations Act.
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