Satisfaction and Turmoil in Medea and the Twenty-third Psalm :: Euripides Medea Essays

Satisfaction and Turmoil in Medea and the Twenty-third Psalm We are all familiar with the Bible and its contents in general, yet a few individuals know it better than others. The twenty-third Psalm in particular is one that some know by heart. Then, there are those of us that are fascinated with other ancient histories and literatures.   Medea is one such literature that illustrates the classical Greek culture of the day.   These two literary works come across as strikingly different, and their disparity can be attributed to the authors' different styles and the different ethical beliefs that lie behind the works. The twenty-third Psalm soothes the reader with gentle language whereas Euripides' play somewhat irritates the reader's emotions with its diction and flow of events. The first line in the Psalm is "The Lord is my shepherd; I shall not want."   This clearly emphasizes a very important point: the fact that "I", being whoever reads this, will never have to concede to desire.   The language is as plain as it can get; this point cannot be conveyed in any simpler form. However in Medea we see a nearly total opposite view.   "What profit have I in life?   I have no land, no home, no refuge from my pain"   (782-3).   Although this statement also uses "I" as its subject like the Psalm, its focus is clearly that life's purpose is to live for a profit and self-satisfaction. The Psalm uses the word "shepherd" to symbolize a feeling of security, while the line from Medea speaks of "no refuge from my pain."   This shows us that the speaker does not know that such a "shepherd" even exists, as does the peaker in the Psalm.   The diction in Medea from this line also paints a picture of frustration while the Psalm applies a mood of satisfaction.   This is just one of many places where we sense frustration in Eurpides' play. Medea makes the statement, "I weep to think of what a deed I have to do next after that; for I shall kill my own children" (775-6).   This line is very powerful in that the speaker is telling the reader of her plans, which are utterly gruesome.   It seems as though she has only a little remorse for what she plans to do, because she makes her plans sound so straightforward while only claiming that she will simply "weep" for her actions.

BPR and TQM in Commercial Construction Industry

The commercial construction industry is the largest component of construction industry in United States. The business started to gain popularity in the 1990’s as the strong economic growth lead to strong demand toward the services in the industry. Companies worked within the industry vary from small contractors who have annual revenue of $1 million, until the multinational corporations whose profits exceeded $1 billion each year. The industry is a little different with other components in the construction industry.For example, commercial construction cannot rely on shrinking interest rates to prevent the downside of an economic surge in the early 21st century. As people started spend less on new construction works, the industry degraded. Commercial construction is a competitive industry. Contractors generally employ sub-contractors, which can be divided into two types, â€Å"group-up work† subcontractors and finish-out work† subcontractors. With stricter regulatio ns and more specific demands from the consumers, business becomes more challenging for everyone.Projects become more complex and time constraints become more demanding. All of which lead to considerably smaller profit margin in the end. Dealing with these challenges, players in the commercial construction industry are desperate for a radical solution, one that will deliver them competitive advantages to survive the all the challenging demands. In this paper, I am providing two alternatives of solution for the commercial construction industry. The first alternative is Total Quality Management (TQM) and the second is Business Process Reengineering (BPR).Both of these alternatives are worldwide known managerial concepts designed to improve the quality of corporate processes. II. Challenges in Commercial Construction Industry Before we discuss how TQM and BPR could help companies improve their processes, I will elaborate some of the challenges in commercial construction industry that ne ed to be addressed. II. 1. Highly Cyclical Demands The commercial construction business is highly affected by the health of US economy. Surges and downturns have direct contribution toward the increase or decrease in revenues, expenses and profits.Economic trends also define the direction of the business. Some commercial construction companies try to tackle the issue by developing multiple specialties. However, the fixed cost invested in all of the specialties is nevertheless burdening the business. Furthermore, by having multiple specialties, companies have to manage costs more carefully to maintain profit in each one. II. 2. Uneven Revenues and Expenses Contractors of commercial construction are demanded to have considerable amount of working capital at their disposal at all times. This is important due to two reasons. First, the price of raw materials fluctuates constantly.Second, clients of the business could decide to pay at random intervals, without considerations of contracto rs’ requirements. In large projects, the cash flow is even larger and thus created the need for careful cost management. II. 3. Availability of Skilled Personnel Personnel availability has always been an issue in the construction industry. This is due to the poor image of construction workers all over the globe. Nevertheless, with the increasing complexities of construction work and the need for more skilful construction workers, the issue of personnel availability has never been so important.Management cannot afford to use unskilled labor to fulfill complex demands from clients. Thus, training periods and becoming more important and also cost management to perform quality training sessions. II. 4. Consolidation of Projects With the increasingly high competitive pressure, many contractors decide to submit to consolidation process, and other contractors fall into the role of sub-contractors. This created an unexpected risk. As construction contracts becomes fewer and larger, c ash flow management of each project becomes a lot harder to manage and financial risks of each project also increases.Today, many commercial construction companies depend of only several annual contracts for most portions of their revenues. II. 5. High Insurance Costs The commercial construction business is characterized by high insurance cost. Contractors are demanded to pay high premiums for many insurance policies, including general liability, workers insurance, etc. This insurance problem is worsen by the material and installation defects issues and unqualified workers. Thus management cannot afford to have poor bookkeeping and cost management. II. 6. Investment in TechnologyTo serve the increasing demand for unique and modern feature of constructions, contractors in the commercial construction business must invest more heavily in high technology. This poses as another challenge for contractors because prices of equipment are also become more expensive and more vary. Contractors would need to make more capital investment management more diligently and more carefully. (â€Å"Industry Overview†, 2006) III. Total Quality Management Total Quality Management is a company-wide approach to quality improvement in corporate processes and activities.The concept has become a way of doing business for companies in various industries all over the globe to improve the quality of corporate processes in all departments and functional areas. Despite to the large nature of differences in corporate processes in different industries, Total Quality Management defines several functions that have become common features of all managerial structure. These defined corporate functions will then become the focus of process improvements. The common functions that become the center of attention in TQM are: 1. Serving customersThe focus of all companies whether they are manufacturing or services companies is to aim for their customers’ satisfaction. In the basis of this pr inciple, management must understand that categorizing business into manufacturing and service are actually senseless. The more important thing to achieve is clearly identifying specific customers of the corporation and also their needs and preferences. TQM invites corporate managers to revitalize focus on this particular activity through market researches, surveys and other studies. Management must constantly learn about their customers 2.Top Management Role in Quality Improvement All business reforms started with the top managers and can only be maintained by constant and sufficient participation from the top managers. This includes quality management efforts. Top managers have the key function of providing direction and motivation for their subordinates. Employees will only participate when they already understand the importance of performing improvements. TQM invites managers to understand the crucial nature of their actions in quality improvements and thus, making the necessary adjustments to achieve the defined targets.3. Employee Participation After ensuring top management are doing their part in the quality improvement process, TQM takes us to focus on employees and how they have participate in support of the effort. Employees are the final station where products and services are still in the organization’s control. Thus, if they have sufficient commitment not to allow the spread of poor quality products and services, then there would be little chances that customers will ever discover unsatisfied products or services delivered to them. 4. Identifying Quality Issues and Developing SolutionsEvery company has a system designed to discover poor quality. The system is generally built from a cross section of various functions within the organizations so that their combined attention will be able to identify quality defects more diligently and furthermore, suggest possible solutions. TQM invites managers to take advantage of the system and focus on dev eloping their potential into maximum. In the new quality system, top management must also take part in defining quality defects, discovering existing opportunities for improvements and formulate possible solutions. 5.Employee Training and Employee Management Even the most highly automated companies require skilful and highly motivated employees to run their processes. TQM bring focus on employee management processes to increase the quality of corporate operations as a whole. First, management should develop their employee training process as corporate targets changes. Second, organizations should provide continuous educational support even to the longer-time employees. Third, organizations should design a working environment where employees would have a sense of pride when they are doing a good job.Fourth, management must ensure that the compensation system is bringing sufficient motivation to attract creativity and fresh ideas from employees. (Hammer, 1993) The perspectives of TQM elaborated above will assist managers within the Commercial Construction business to deal with the challenges of their environment. For instance: ? The first perspective of customer service can realign managers’ perspective in the commercial construction business in how to do their job. Managers of the commercial construction business could begin to see that all their construction work are but means to satisfy clients.Thus, they will begin to involve client more actively in their decision making processes. ? The second perspective of TQM, which is improving top management involvement in business processes, can develop managerial sensitivity on employees’ workload. If managers can understand their employees better, they will be more considerate in making consolidation decisions and technology investments ? The third perspective of TQM will help managers in the commercial construction industry to better integrate with their employees in performing business processes.Empl oyees must be informed of the corporate targets and goals so they can be more motivated in performing their work, knowing that they will make meaningful contribution for the organization as a whole. ? The fourth perspective or TQM can help management in discovering cost reduction opportunities in the midst of the more demanding business environments, especially when consolidation projects are extensively performed. ? The fifth perspective of TQM aligns perfectly with managerial sentiments of the commercial construction business to enhance training and education to ensure that each process is managed by highly qualified personnel.As complexity level enhances, this focus becomes more vital. IV. Business Process Reengineering IV. 1. Definition Business Process Reengineering (BPR) is a quality improvement system, the same as Total Quality Management (TQM). It is a management approach to improve the quality of processes by focusing on efficiency and effectiveness of the process that exis t across the organization. Many find difficulties in differentiating between TQM and BPR, but in most articles regarding BPR, it is always elaborated that BPR has a more radical view about business processes and its core necessities.According to BPR, business should define their core processes and focus solely on those activities. Other activities that do not add value to products or services being produced are considered waste. IV. 2. The need for BPR Oneil (1999) identified that there are actually three kinds of BPR causes. These causes can be explained by the conditions in which the organization finds itself: ? First, companies invite BPR concept and its implementation because they have no choice.These companies find themselves in deep trouble and they have no choice but to design changes in a depth and magnitude level that some would call radical. This is why the concept is referred to as Business Process Reengineering. ? Second, companies are not in trouble yet but they perceiv ed clearly that the future would be problematic. ? Third, the company is actually in its peak position, but they see opportunities to develop a competitive edge over their competitors III. 3. Implementation of BPR A short model of implementing BPR will be described in this subchapter: 2.Define mission and vision statement that contains the unique value of the organization in comparison with others 3. Build clear business strategy based on this mission and vision statement thus generating project objectives 4. Define core processes that will help the organization in achieving these project objectives 5. Producing key performance measures to measure cost-benefit relationship of the processes 6. Improving effectiveness and efficiency of the processes using the performance measures At a glance, these steps seem to be similar to other process development stages.In BPR however, the strong focus is on how to radically improve effectiveness and efficiency by driving out all costs and activi ties that do not constitute the vital necessities of the processes (Chan, 1997). III. 4. Role of Information Technology in BPR BPR experts argued that BRP is different then TQM and other process improvement concepts because of its strong focus over the efficiency of the core processes. One of the well-known sentiments of BPR is that information technology should not be used unless it produces efficiency improvement toward corporate processes.BPR experts stated that in the midst of modern business environment, organizations sometimes implement IT system because of its popularity, failing to recognize the advantages produced by the IT system for organizational processes. BPR fight against those practices in the modern business environment (Davenport, 1990) III. 5. Critics In some literatures, BPR is also criticized due to its radical nature. For instance, most of the companies implementing BPR are discovered performing massive layoffs to enhance their process efficiencies.Observers be lieved that implementing BPR without other balancing concepts will lead to only short term benefits because BPR focus mostly on the financial factor of value production. The use of other concepts like the Balance Score Card should enhance BPR’s benefits toward organizations. III. 6. Benefits for Commercial Construction Business The use of BPR is perceived to be very much suitable for the construction industry due to the ‘hard’ and highly competitive nature of the environment. Furthermore, it has been stated that the BRP concept is suitable for organizations in desperate need for radical cost reduction and process development.One of the supporting factors is that the construction industry usually employs workers on the basis of short term contract. Thus, using the BRP concept, managers could increase the efficiency of their processes without having to worry about laying-off long-term employees. The construction industry is also complex with hundreds of types of ma terial and service costs that can be evaluated through the BPR concept. With the recent development of consolidations and usage of Information Technology, BPR will also assist managers in evaluating which costs are really beneficial and which should be considered waste.V. Conclusion The commercial construction business is the most competitive sector of the construction industry. Lately, the business sector is faced with serious challenges that require management’s attention. These challenges threaten the survival of organizations within the business sector. In order to face those challenges, we suggest that companies within the sector turn to Total Quality Management and Business Process Engineering. These are quality improvement concepts designed to enhance efficiency and effectiveness of organizational processes throughout the organization.TQM and BPR are rooted from the same idea, but they focus on different pressure points. BPR has a more urgent sense within it steps. It is a concept practiced by companies in need of a radical change in their business processes, in order to survive upcoming challenges. It focuses on the financial aspect of core business processes and driving-out costs other than vital ones. Some believed the concept to be harsh and insensitive to other aspects like maintaining pleasant working environment, etc. Nevertheless, its contribution is undeniable to modern companies today.TQM on the other hand, is a concept developed by the Japanese, along with the JIT and kaizen concept. It focuses on continuous process improvements which stronger sense of long-term orientations. Applied together, these concepts will assist managers of the commercial construction business in improving their operational processes and facing their challenges in the form of increasing business complexities. Bibliography Chan, S. L. , C. F. Choi, 1997. â€Å"A conceptual and analytical framework for business process reengineering†, International Journal Production Economics, vol.50, p. 211 – 223. Davenport, Thomas & Short, J. (1990), The New Industrial Engineering: Information Technology and Business Process Redesign, in: Sloan Management Review, Summer 1990, pp 11-27 Hammer, Carter, Usry. 1994. ‘Cost Accounting’. SouthWestern. ‘Industry Overview’. 2006. MSG. Retrieved August 12, 2008 from http://www. msgcpa. com/general. php? category=Industry+Library&headline=Construction+-+Commercial O’Neill, P. , and A. S. Sohal, 1999. â€Å"Business Process Reengineering A review of recent literature†, Technovation, vol. 19, p. 571–581.

The New York House Of Refuge - 1403 Words

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Comparing Codes of Ethics Essays - 895 Words

Comparing Codes of Ethics The American Counseling Association and the American Mental Health Counselors Association Codes of Ethics both provide guidance and direction in making ethical decisions for their members (ACA, 2005) (AMHCA, 2010). Both the ACA and the AMHCA Codes of Ethics cover a wide range of moral and ethical situations that could present themselves to mental health professionals. Both of these codes of ethics have significant impacts on the counseling profession. The tools provided by these codes of ethics ensure that mental health professionals are able to conform to the regulations set forth. They address common concerns from varying points of view. Understanding these codes of ethics is essential to all mental†¦show more content†¦According to the AMHCA Code of Ethics, 2010, Section III.9, Commitment to Students, Supervisees and Employee Relationships, the primary obligation of supervisors is to monitor services provided by supervisees to ensure clien t welfare. 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Black Like Me Sociological Terms - 1088 Words

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Sociology studies the interactions with all of these and shows how mere interaction resulted in things like ideas and institutions.    Everyday that you wake up andRead MoreIs The American Dream True?1690 Words   |  7 Pagesdidn’t have the chances I did because of the unfair role the society takes on class, race, and gender. Just from taking this class, Sociological Imagination, for a few weeks now has opened my mind up to a bunch of questions but mainly, why? Why society have to be the way it is? We are all humans and nothing is different other than race, gender, and social status. Sociological Imagination is the quality of mind, the way of thinking that sees the impact of social forces and social content on an individual’sRead MoreRace And Ethnicity Are Affected By Stratification938 Words   |  4 PagesMany people including me before I took this class thought they were the same thing. Racial groups are a group that is socially set apart because of obvious physical differences. An example of this is I come from Somalia but in the United States my race would be defined as black or African American. Ethnicity or ethnic groups are groups set apart from others because of its national origin or distinctive cultural patterns. An example of this is although my race is defined as black or African AmericanRead MoreThe Sociological Imagination Essay838 Words   |  4 PagesThe Sociological Imagination The human attitudes have always been a curiosity that captivated most of the great social theorists like Karl Marx, Engels and Durkheim. One of the most unhumble attitude of the humanity was Racism and stereotyping. The racial issue even in the 21st century continue to be a subject that still is present and significant even though we tend to say that racism and other forms of discrimination are prohibited by law and illegal still even in the US theRead MoreYour Blues Aint Like Mine Essay1450 Words   |  6 PagesIn Bebe Moore Campbell’s, You’re Blues Ain’t Like Mine, I was able to view the novel from the three main sociological perspectives: the structural-functionalist approach, the social-conflict approach, and the symbolic-interaction approach. From the structural-functionalist point of view, I analyzed the Honorable Men of Hopewell as the power elite. I viewed Mamie Cox’s understanding of social class from the social-conflict perspective, and Doreen and Lily Cox differences were easily seen through

Gated Communities in Istanbul Free Essays

The background Istanbul is one of the outstanding concern, Cultural, tourer and transit hubs in Europe every bit good as the Middle East which besides contributes 22 per cent of Turkey’s GDP with 17.8 per cent of the national population. ( 21 ) The economic activity is rooted geographically and historically as the instance with many planetary metropoliss. We will write a custom essay sample on Gated Communities in Istanbul or any similar topic only for you Order Now From the Ottoman period, Istanbul has been the major metropolis in term of societal moral force and economic activity. In The wake of the Second World War, the industrial capital throughout the patriot and develop mentalist clip with experiment of big inward migration. The rapid enlargement is chiefly through spreading outwardsgecekonducolonies near the mill on the traveling borders of Istanbul which displaced the manifestation of the aureate age of informal urbanisation. Whereas, with the debut of the Neoliberal scheme which started from the 1980s, it has entered into a new phase that the shot of nation’s integrating into supranational capitalist kineticss is focused on Istanbul. ( book ) At that period of clip, the luxury upper category residential country and globalising commercial infinites spread outwards of the metropolis ; Meanwhile,gecekonducolonies have continued to turn. Thus, the great disparity of income, wealth and power deepen in Istanbul as the city expressed i n spacial segregations ( book ; keyder2005 ) It could reason that planetary capitalist economy is the beginning of centralisation and backdown for the form of growing. In the recent decennaries, Istanbul has been considered by Turkish capital and province as a supranational regional economic Centre, assisting Turkey to take a farther measure into internationalisation and planetary capitalist economy as the fiscal hub for the East and the West. ( ppt ) To implement the acceleration, the Istanbul Metropolitan Planning ( IMP ) was established by the JDP authorities. There are two indispensable purposes for the planning authorization ; the first is to deconcentrate the fabrication industry towards outskirts of the built-up country. The 2nd is to transform the cardinal metropolis towards finance services, up-market ingestion, so traveling the growing of up-market utilizations from the outskirts to the Centre. ( book ) These transmutation besides led of import functional alterations in the cardinal metropolis like Emine °S ? Which was the city’s oldest concern centre now lost its production and service maps but act as great touristic and cultural roles.17 The chief intervention for the spacial restructuring is through large-scale urban renovation which including the three big havens at Zeytinburnu, Haydarpasa and Galata are for trade centre. Meanwhile, the new bomber centre is located in the outer of both sides of the metropolis to suit the lower degree and more local commercial activity to guarantee the cardinal metropolis to be available for high degree concern sectors. The internationalized utilizations for renovation of cardinal metropolis proceed partially on empty land in the cardinal metropolis which owned by the public authorization. At the same clip, the IMP has seen a ‘rent gap’ in rundown residential countries with hapless dwellers so in the interior metropolis, these countries are targeted as major planned regeneration undertakings. First, be aftering in the country where the historic edifices in metropolis centre that occupied by the cultural minority of all categories who were expelled in the 1920s from the state by the nationalist government. Second, be aftering in the country where thegecekonducolonies built by immigrants in the past 50 old ages which means they are composed to travel out. Before, these dwellers who work in these countries are largely employed in informal service sectors and small-scale economic improvisation in the cardinal metropolis. Even more worse, because of the planetary crisis the unskilled occupat ions are difficult to happen for support, the impairment of poorness happens with the cultural and societal background of recent migrators like Kurdish migrators, the Roma population of Sulukule, African refugees. Therefore, without rubric to the land, these people are unable to take part in the increasing market-oriented lodging economic system. ( rhenium ) The menace is non merely for the income polarisationa?† a?- but besides it affected societal, cultural, and spacial exclusion and possibly a lasting sub-proletariat. ( Re ) For illustration, in recent regeneration undertaking in the Sulukule territory which is one of the oldest Roma vicinities been occupied by Anatolian Gypsies since Byzantine times will replace the edifice with Ottoman manner Villa. It is the MHA led undertaking that propose a 100 edifice are to be demolished with all 620 the renters are evicted. The two options is either to purchase new flat at a high monetary value or purchase societal lodging units in the outskirts of the metropolis at below- market rates but it is 45km off, therefore it become truly dearly-won and hard to entree to employment in the metropolis centre. The other similar regeneration projectikucukcekmece, to bring forth tremendous residential developments which close to a new planned commercial growing country in the outer West of the Istanbul. The MHA has constructed a immense increased denseness of 100,000 lodging unites with ingestion infinite. ( book ) However, the MHA demolished old 2000 homesteader colonies which move the proprietors to societal lodging in less valuable countries. The poorest tenants were neglect when they couldn’t pay the monetary value for the provided units. ? ? ? Thegecekonducolonies are consolidated. The Mass Housing Administration participated in this development by concept high-rise residential units for low income groups in outskirts of the metropolis and some of the Original occupants could go forth the old vicinity and take for middle-class residential developments. Alliances happened for the last 15 old ages and profited from the development. As a consequence, the metropolis could stop up with an tremendous bubble of extra existent estate ( 49 ) ? ? ? ? ? In Istanbul there are more than half illegally edifices where big population growing was accommodated on these productions of colonies. For the terminal of populism it demonstrated that land had eventually become a commodityiREi?†°which of course become favourable for guess as more and more land was pulled into the market sphere. However, the planetary moving ridge of bad investing in these tremendous developments make up one’s minding the spacial enlargement of the urban metropolis. ( 49 ) In the 1980s, the earlier stage of the planetary vision was chiefly driven by the Turkish beginning pudding stone capital. The new unit of ammunition of urban globalisation is non merely driven by existent estate but besides a cultural undertaking. However, it could still reason that the renovation docket to turn metropolis infinites into the profitable Assets ; meanwhile, to accommodate the demands of spread outing wealth or for touristry, for commercial utilizations. ( 49 ) The planetary Investors are attracted to the quickly increased consumer demand for high-quality lodging, commercial apace and cultural touristry in the most profitable country. ? ? ? ? As a consequence, It can be seen in a 5.5 km2 big renovation undertaking, maestro planned by Zaha Hadid, in the Kartal territory along the Marmara shore which hosts 100 industrial mill. The former Mayor of Kartal had indicated the program to pull US $ 5 billion from planetary investors to develop a yacht marina accommodating 1,000 boats with Hotels, place and residential country. These sort of transmutation rely on the confederation of national and local political purpose and economic involvements, moreover it is besides depended on the graduated table and range with planetary capital entered the metropolis. ( 49 ) The comparative economic alteration is the world that modern urban developments have homogenized edifice signifiers. The standardisation has progressed because of the edifice can be globally traded which are every bit the same in all topographic points. The societal effects of standardisation is the consequence of homogeneousness in reinforced signifier affects segregation it is efficient to build full communities destined for certain societal groups. 12 Gated communities appeared in Turkey in the 1980s as of import undertaking of urban transmutation and enlargement in the metropolis which driven by an progressively powerful existent estate market and accepted by political relations and planning. This advancement is non merely altering urban and architectural forms in the metropolis but besides the deduction on the societal and economic constructions at the vicinity degree. ( web ) For illustration Ge °Ã¢â‚¬ ¡te »Ã‚ µk, as a innovator of this manner of development in the 1990s existent estate developers discovered the potency for the up market lodging development. Therefore, more than 30 gated communities have been built closly. As a consequence, the population increases from 1,500 in 1993 to about 20,000 in 2008 with increasing land value. ( ) The country has been transformed into an island among islands with necessary web of economic, societal brushs which connect Ge °Ã¢â‚¬ ¡te »Ã‚ µk’s apparently the fragment into an incorporate economic whole.i5i?†°However, the gated communities still consequence on crystallisation of the class-based spacial segregation. Istanbul is acknowledged that has a proper system of public conveyance constitutes to counter the immense menace to mobility by planned expresswaies, widened roads and introduced new traffic lanes. However, it could make farther divisions and destruct the city’s delicate vicinity construction. The original street forms of theGecekonduand yap-sat territories, with their complex societal and micro-economic constructions, and lively street activities are being replaced by the new vicinities which dwelling of monolithic blocks with high-rise flat towers. Besides, a big Numberss of diverse population are forced to go considerable distances for plants and even basic demands that farther consequence on the mobility on all degrees. How to cite Gated Communities in Istanbul, Essay examples

Business and Company Law

Questions: (a). Advise the directors whether they are liable for breaching the insolvent trading provisions of the Corporations Act 2001. Also advise whether they have any defences available to them if they have in fact breach the insolvent trading provisions. (2). Advise the directors and other officers whether they have any liability for signing off on the 2015 financial accounts. (3). Advise what is the liability of Mr Smith for his actions leading up to the voluntary administration of XYZ Co Ltd? Explain what law might apply to Mr Smith and whether he has breached any duties owed to the company committed any offences. Answers: (a): Mr. Smith is a retired director of the company named XYZ CO Ltd. He was not appointed as a director for the present year, 2014, however, he continued to attend many of the business matters within the company and is regularly part of the business meetings to advise and mentor the new directors. In return, Mr. Smith receives a consultancy fee for his work and the new directors generally follow the advice of Mr. Smith in the way in which they should run a company. The company was recently audited and the auditors and directors of the company with the recommendation of the companys CFO, Brian, signed off the financial accounts in the year 2015 as true and correct. However, at the end of the year 2015, it was found that the company was unable to pay its debts and the company was held insolvent for the year 2015. Based on the facts, the issue that arises here is whether; the directors are liable for breaching the insolvent trading provisions of the Corporations Act, 2001. A company is considered as a separate legal entity and it has the same rights and powers like that of any other normal person. This means that a company can borrow, enter into contracts and sell or buy its assets[1]. Every company has a director and the directors of the company should remember that the company owns their property, the company is responsible for paying their debts and the money that is invested by the company is for the repayment of their shares. Hence, it may concluded that a company is a separate legal entity[2]. Sometimes it may so happen, that directors are not formally appointed however, they continue to act as directors this is called shadow directors. In this case, Mr. Smith is considered as shadow director. He also discharged most of the duties as the director of the XYZ Company. Shadow directors can be held liable for breaches of the laws relating to the duties of the director, even though they were never appointed as a director of the company[3]. The first s cenario invokes the provision relating to insolvent trading. Insolvent trading is when the directors allow their company to earn debts when the company had become insolvent. The liquidators can hold the directors liable for payment of the debts against the directors of the company the moment liquidation begins. A director may he held personally liable for the payment of the debts at the time when the company became insolvent. A company may be declared as insolvent when it cannot pay its debts. According to section 95 A of the Corporations Act, insolvency means a person who is unable to pay their debts the moment it becomes payable and due. Section 588A of the Corporations Act, 2001, deals with, how directors can be held liable for insolvent trading. According to section 588A, it is the duty of the director to prevent insolvent trading within the company[4]. A director can be held liable for contravening this section when the directors knowingly allow the company to incur the debt wh en they were aware of the fact that the company was insolvent. Hence, in the given case scenario if we apply section 588A of the Corporations Act, the directors of XYZ Company can be held liable for breaching the provisions relating to insolvent trading. The directors also signed off the financial reports without proper assessment and made a declaration that there is no scope that the company was insolvent. The defences that may available to the directors in this case as per the Corporations Act are as follows: The directors had all grounds to believe that the company was solvent. In this case, the directors may use this defence, as the CFO audited the company and made a financial report stating that all the records of the company are fine[5]. A competent, reasonable person produced all information that made the directors belief that the company was solvent[6]. The director had a good reason for not taking part in the management of the company at that particular time. The director took all the reasonable steps to prevent the company from earning debt; this includes attempting to appoint a voluntary administrator for the company that had become insolvent[7]. (b): Following the facts that is stated in answer a, it was noted that XYZ Company was recently audited and the directors after proper recommendation of Brian had signed off the financial accounts declaring it as true and correct. As per the Australian Company Law, it is the responsibility of the company to file and lodge financial reports with the ASIC and the reports should contain a column wherein the declaration can be made from the director. This is particularly in regard with the financial report of the company. The declaration that is made by the directors includes: That, in the opinion of the directors, the company shall have all means to pay off their debts as and when they become due on the company[8]. That, the statements that are made by the company comply with the general accounting standards and performance of the company. If the company is listed then the directors of the company have to make a declaration that is to be provided by the Chief Executive Officer (CEO) and Chief Executive Officer (CFO)[9]. It is the duty of the director to ensure that each of them have proper duty, skill and diligence in understanding the financial report that will be disclosed to the public. It is the duty of the director to ensure that each of the clause contained in the report are fair, true and correct as to the knowledge of the director[10]. The director has the duty to ensure that the financial report that is issued is fair, and reasonable and correct. Section 314 of the Corporations Act, 2001 a company must report to all the members of the company at the end of the financial year, which shall be made in accordance with sections 1AA or, 1AE of the Corporations Act, 200[11]1. According to section 314 of the Act, a company has to produce a director report, auditor report or financial report at the end of the year. The role of the audit committee plays a very important role in making sure that the audit quality or financial report of the company is fair and correct. However, the establishment of the audit committee does not affect the responsibility of the director in ensuring that the report was correct and fair. The director have the responsibility in ensuring that the CFO and the CEO of the company are qualified enough to have established roles while issuing the financial reports of the company[12]. The directors also have to ensure that the financial reports comply with the records of the company and comply with the basic accounting standards. Hence, it is expected that directors have the basic knowledge of the accounting standards and principles. If a company is a listed company then the declarations that are made by the CFO and CEO should comply with the financial accounting standards of the company. The directors of the company are considered as important watchdogs of the company it is believed that they have sufficient knowledge about the accounting principles and standards of the company. The directors of the company should be educated, they should be updated about th e accounting principles and standards, and that the financial reports have met the requirements of the Corporations Act[13]. In this case, the CFO is considered as the main head of the financial industry, he is expected to have expertise in the field of financial industry and hence it is a general belief that he has the best knowledge of the companys financial details. In this case, it was expected from Brian to understand when the company was going to become insolvent and at the right time, he should have informed the directors about it. Hence, it was the responsibility of the director and the CFO to ensure and make proper financial report of the company. The directors and the CFO of the company should have ensured that the financial reports are correct before signing off on the 2015 financial accounts. (c): It was noted that at the end of the financial year, the company was not able to pay a number of their debts and that Mr Smith on behalf of the company, negotiates with the creditors for an extension of time to pay back what the company owes. However, in the beginning of the year 2016 the company declared voluntary administration. It was discovered by the external administrators of the company, that the company has sold some of their very valuable property to Mr Smith below the market price before his retirement as a director. Based on the facts, the issue that arises here is the liability of Mr Smith and his actions that has led to the voluntary administration of XYZ Co Ltd. A voluntary administration is, when the company is assisted with the help of a qualified administrator, to improve the financial position of the company and to get the company back on its feet. The voluntary administration happens with the help of the creditors. If the voluntary administration is linked with the action of Mr. Smith that happened even before his retirement then he should be held liable for buying the assets of the company for a lesser price. Mr Smith can be held liable for breaching sections 180 to 183 of the Corporation Act, 2001. This section contains the general duty of the director[14]. According to section 180 of the Corporation Act, 2001 a director should exercise their power and discharge their duties using diligence and care. The directors of the company should act in good faith and should ensure that none of their acts affects the company in a way that causes their downfall. According to section 181 of the Corporations Act, 2001, the directors of the company should exercise their rights and powers that act in best interests of the company and for a good purpose[15]. The directors under no circumstances misuse the power that is endowed on them. The directors are restricted from misusing their powers in such a way that is helps them in taking advantage of their position and use them for their personal benefit. According to section 183 of the Act, a director should not act in a way that causes detriment to the company and to the other members of the company. The final two sections deal with the civil obligation of the directors. If the Court determines that the act of the director has violated the civil liability then the Court may order civil penalty to the directors. In the same way, if after due determination it is seen that the directors violated their duty that amounted to criminal breach then the court may pass an order of criminal action against the director. The Court may pass an order for a criminal action against the director if the director recklessly failed to discharge his duties as a director[16]. This means the capacity of the Directors in infringing a given power is determined with the extent of the breach committed. In the given case scenario, Mr Smith can be held liable for breach of his duty as a director because he bought the property of the company at a lower price than the market price and he used the property of the company for his personal gain or advantage. Hence, Mr. Smith can he held liable for breach of his duty as a director. References: Bromley, Macaire. "Special report on the Productivity Commission's review of restructuring practices in Australia."Governance Directions67.8 (2015): 471. Frankel, Susy, and Megan Richardson. "Limits of Free Trade Agreements: The New Zealand/Australia Experience."Intellectual Property and Free Trade Agreements in the Asia-Pacific Region. Springer Berlin Heidelberg, 2015. 315-333. Godwin, Andrew. "Teaching Transactional Law-A Case Study from Australia with Reference to the US Experience."Transactions: Tenn. J. Bus. L.16 (2014): 343. Gray, Anthony. "Development of good faith in Canada, Australia and Great Britain."Canadian Business Law Journal57.1 (2015): 84-119. Hanrahan, Pamela F., Ian Ramsay, and Geofrey P. Stapledon. "Commercial applications of company law."COMMERCIAL APPLICATIONS OF COMPANY LAW, CCH Australia Ltd,(2013). Krever, Richard, and Peter Mellor. "Legal Interpretation of Tax Law: Australia."Legal Interpretation of Tax Law (Amsterdam: Kluwer, 2014)(2014): 15-45. Krever, Richard, and Peter Mellor. "Legal Interpretation of Tax Law: Australia."Legal Interpretation of Tax Law (Amsterdam: Kluwer, 2014)(2014): 15-45. Marginson, Simon. "Is Australia overdependent on international students?."International Higher Education54 (2015). Miller, Roger.Business Law Today, Standard: Text Summarized Cases. Nelson Education, 2015. Morrison, David, and Colin Anderson. "Is corporate rescue a realistic ideal? Business as usual in Australia and the United Kingdom."Nottingham Insolvency and Business Law e-Journal2015.3 (2015): 417-435. Semple, Noel, Russell G. Pearce, and Renee Newman Knake. "A Taxonomy of Lawyer Regulation: How Contrasting Theories of Regulation Explain the Divergent Regulatory Regimes in Australia, England and Wales, and North America."Legal Ethics16.2 (2013): 258-283. Stubbs, Wendy. "Investigation of emerging sustainable business models: the case of B Corps in Australia."Available at SSRN 2464758(2014). Taylor, Madeline. "Wrestling with giants-a critical account of supermarket power and competition laws in Australia and United Kingdom."Australian Business Law Review(2013). Welsh, Michelle. "Realising the public potential of corporate law: Twenty years of civil penalty enforcement in Australia."Fed. L. Rev.42 (2014): 217. Wood, Azmi, and Jo-Anne Weinman. "Does law constitute identity? Indigenous allegiance and identity in Australia."Allegiance and Identity in a Globalised World(2014). Zeller, Bruno, and Bill Cole. "Australian Trade AgreementsA Divergence between Trade Policy and Business OutcomesCan They Deliver Trade-related Growth for Australia?."Global Journal of Comparative Law3.2 (2014): 236-255. [1] Miller, Roger.Business Law Today, Standard: Text Summarized Cases. Nelson Education, 2015. [2] Marginson, Simon. "Is Australia overdependent on international students?."International Higher Education54 (2015). [3] Marginson, Simon. "Is Australia overdependent on international students?."International Higher Education54 (2015). [4] Miller, Roger.Business Law Today, Standard: Text Summarized Cases. Nelson Education, 2015. [5] Marginson, Simon. "Is Australia overdependent on international students?."International Higher Education54 (2015). [6] Godwin, Andrew. "Teaching Transactional Law-A Case Study from Australia with Reference to the US Experience."Transactions: Tenn. J. Bus. L.16 (2014): 343. [7] Miller, Roger.Business Law Today, Standard: Text Summarized Cases. Nelson Education, 2015. [8] Krever, Richard, and Peter Mellor. "Legal Interpretation of Tax Law: Australia."Legal Interpretation of Tax Law (Amsterdam: Kluwer, 2014)(2014): 15-45. [9] Krever, Richard, and Peter Mellor. "Legal Interpretation of Tax Law: Australia."Legal Interpretation of Tax Law (Amsterdam: Kluwer, 2014)(2014): 15-45. [10] Miller, Roger.Business Law Today, Standard: Text Summarized Cases. Nelson Education, 2015. [11] Godwin, Andrew. "Teaching Transactional Law-A Case Study from Australia with Reference to the US Experience."Transactions: Tenn. J. Bus. L.16 (2014): 343. [12] Krever, Richard, and Peter Mellor. "Legal Interpretation of Tax Law: Australia."Legal Interpretation of Tax Law (Amsterdam: Kluwer, 2014)(2014): 15-45. [13] Miller, Roger.Business Law Today, Standard: Text Summarized Cases. Nelson Education, 2015. [14] Miller, Roger.Business Law Today, Standard: Text Summarized Cases. Nelson Education, 2015. [15] Godwin, Andrew. "Teaching Transactional Law-A Case Study from Australia with Reference to the US Experience."Transactions: Tenn. J. Bus. L.16 (2014): 343. [16] Miller, Roger.Business Law Today, Standard: Text Summarized Cases. Nelson Education, 2015.