Internal Code: 1AJBDF
Company Law Assignment Help
TASK
On 2nd April 2017, Kelly was asked by Al to purchase some computers for a new company that he planned to incorporate. She negotiated a contract with Officeworks. She had signed the contract “for and on behalf of Fresh Pty Ltd”. After the company was incorporated, it made no payment to Officeworks despite the computers being delivered. Kelly is worried that Officeworks will sue her.
On 23 rd August 2017, Kelly held a Board meeting which was also attended by Bud. At that meeting, Bud agreed to Kelly being the Chair. Kelly then dismissed Tipper from her post as a consultant despite Bud voting against the proposal. Tipper wants to sue for compensation.
Bud wishes to give 1 share in Fresh to Jennifer, his longtime girlfriend. However Kelly refuses to register the transfer as she dislikes people who live together without being married. Advise Bud on any action that may be taken to have the share registered in Jennifer’s name.
Kelly plans to hold another extra-ordinary general meeting to amend Fresh’s Constitution to enable “any owner of more than 79% of the shares in the company to compulsorily acquire the shares of other members”. Discuss whether she will be successful.