Swinburne Higher Education Exam Paper SWIN BUR · NE * SWINBURNE UNIVERSITY OF TECHNOLOGY Examination Cover Sheet SEMESTER 1, 2014 EXAMINATION DETAILS Unit Code: LAW20002 Unit Title: COMPANY LAW Duration: 120 mins Faculty: FBE Reading time: 10 min 60 % of overall assessment covered by this exam CANDIDATE DETAILS Student to complete (please print & do not use pencil) ID: Surname: Given: CANDIDATE DECLARATION · I am the person stated above · I agree to obey the Examination Supervisors instructions for proper conduct of the exam . I have read and understood the Instructions to Candidates provided (see back of this exam paper) · I understand that it is my responsibility to ensure that I have been correctly enrolled for the above subject and that I am fuly liable for any outstanding fees and charges · I am aware that I am not allowed to present for any special examination unless approval has been granted by the appropriate Swinburne authority STUDENT SIGNATURE: DATE: INSTRUCTIONS TO CANDIDATES Material/equipment that is not on this list is unauthorised material. Where a student is found in possession of any unauthorised material, the material will be removed as soon as it is detected. A report on the incident will be forwarded to the Chief Examiner in accordance with the Student Academic Misconduct Regulations. Materials Allowed: (Convenor please select from the drop down boxes below or add free text to other) Calculators: None Books: Open Book (Any Books or written materials allowed). Dictionaries None OTHER: Answering Instructions: ANSWER ALL QUESTIONS If you complete this exam before the set exam duration time, you may be asked to enter your time of departure. This information will have no bearing on your result.
LAW 20002 COMPANY LAW FINAL EXAMINATION SEMESTER ONE -2014 SWINBURNE UNIVERSITY OF TECHNOLOGY ANSWER ALL QUESTIONS QUESTION 1 a) Grumpy is a shareholder in 'We Excel' Co Ltd and attends the Annual Shareholder meeting at Docklands Stadium. He is very grumpy because the company has made a loss, the share price has fallen and the Board has increased the remuneration of the key executives. Grumpy wants to know if there is something that can be done about it. Advise Grumpy. (12 marks) b) The Board of 'Strong, Shaw and Sons Pty Ltd have decided to sell off some land owned by the company but the shareholders have passed a resolution at the Company Meeting saying that the members do not want the sale to go ahead and that they have overruled the decision. The Managing Director has come to you for your advice as to the legal position of the Board in this matter. Discuss. (12 marks) QUESTION 2 Grant is the CEO of a large Public Company. Some new non-executive directors have become concerned with gaps in some of the financial information provided at recent board meetings for approval for the Annual Report. They have asked questions but Grant has not given them any clear answers. It appears that Grant has acted negligently by investin