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essay代写-有关《公司法》中董事管理人员的规定

在本篇essay代写-有关《公司法》中董事管理人员的规定中,正在考虑《公司法》第183条的适用。第183条就信息的使用以及董事、其他高级职员和雇员应遵守的义务作出了规定。在给定的案例场景中,有许多被察觉到的违规行为,ASX调查了与信息滥用相关的问题,董事、管理人员或员工试图为自己和他人获取优势(Harris, 2008)。根据《2001年公司法》(Cth)第180(1)条,信息的正确使用是他们应该以应有的谨慎和勤勉行事。他们必须为了公司的最大利益和正当的目的而行动,而不是滥用他们在公司的权力或地位。因此,由于他们担任公司董事或高级职员而获得的信息必须受这些因素的约束,如果他们没有这样做,就可以说他们对这些信息的使用不当。这是公司董事的情况,他们对信息的使用不当。接下来有关essay代写-有关《公司法》中董事管理人员的规定分析如下:

Now this is applicable to only Mr. Foster and Mr. Dawes who is Directors of the company and can be considered to have duties equal to an officer. However Mr. Huckenfusser cannot be considered as an officer of the company. He is an audio visual technician who in assisting with the board meetings was present in the meetings and hence had come across the information. So he does not satisfy this criterion.

The proper use of information according to Corporations Act 2001 (Cth) s 180(1) is that they should act with due care and diligence. They have to act in the best interests of the company and for a proper purpose and not to misuse their power or position within the company. Information obtained on account of their position as a director or officer of the company hence must be governed by these elements and when they have not done so, it could be said that they have made improper use of that information. This is the case with the Directors of the company, and they have made improper use of the information.

Mr. Foster has made improper use of information as he has passed on information as intelligence to his new company. Similarly, Mr. Dawes had made use of this information in an improper way, by calling up his wife and asking her to buy the shares and asking her to sell it when in a subsequent meeting. The move to purchase was called off. Mr. Huckenfusser has made use of the information as a way to get out of his debt. So he knows that the information is of advantage and although he did not profit directly, by his improper use of that information has profited.

In the case of Mr. Foster and Mr. Dawes, the profit was for them and in the case of Mr. Huckenfusser. The profit was for both him and Mrs Duck. Mr. Huckenfusser profited because his debt was getting cancelled and Mrs Duck make a profit by buying and selling the shares at the right time.

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