Highlights
Scenario One: FinanceRU beginning
Frank, Richard and Sophie met whilst they were studying at La Trobe University. After their graduation they decide that they want to start a business together. Frank specialises in trusts, Richard had a passion for investments and Sophie was known as a brilliant financial adviser. Despite their proficiency in a number of areas, they lack an understanding in the law. They have heard about numerous business structures, but they are unsure which one to choose from. They come to you seeking advice on which business structure they should choose.
Task: Advice Frank, Richard and Sophie which business organisations could be an option for them. And in your advice, discuss the benefits and limitations of a partnership, proprietary company and publicly listed company. Your analysis should consider relevant statutory provisions.
Scenario Two: FinanceRUs
The trio has now been in business for three years and everything has been going quite well. Frank recently began operating as sole trustee of a very large estate (Trust A) worth $70 million. This estate is made up of various assets such as prime real estate, shares, and money. Bob, a long-time friend of Frankâ™s invites him to lunch one day. Bob tells him about this amazing new company that he has started in manufacturing drones, called DroneUp Ltd. Frank
decides that he wants to help out his friend, and purchases 40% of the business for a 10% of the yearly profits, and a position on the board of directors. Frank also says he will try and find more investments to help with capital growth in the company. Bob thrilled with the outcome approves Frankâ™s offer.
Frank, attempting to uphold his duty to invest, decides that as trustee of Trust A, he should invest $10million in DroneUp Ltd without making further investigations and without receiving any documents relating to DroneUp Ltd ™s financial position. Unfortunately, DroneUp Ltd was a scam and Bob takes off with all the money that Frank invested, and the money from Trust A.
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