Assignment
You are working in an accountancy firm as a junior assistant in a department dealing with small and medium-sized businesses. As part of your training, you have been asked to do an initial review of the following cases for the partner, picking out the issues and discussing possible solutions and outcomes.
You will need to write a report to the partner based on each case citing relevant case law. Your report should cover all relevant legal points, discuss issues of law and give an opinion relating to the scenario where appropriate.
Task 1
A client, Jodie Hart who has started a new training business wants advice on a number of issues relating to her business. You must deal with each of the a-d below.
a) Jodie is trying to decide whether to become a limited company but does not know what this would involve.
Your report must:
Analyse the requirements of company law for the formation, financing and administration of companies.
Analyse the role and responsibilities of company directors, officers and shareholders.
To gain a distinction, your report must:
Analyse aspects of capital maintenance.
LO 2 AC 2.1, 2.2
2D1
b) On the 11th August Jodie asked her brother John, who was not part of the business but helping out, to approach a small business in the town where they live that was closing down. John was to tell them that Jodie was interested in buying their office furniture and equipment for £1000 but needed to collect it and move it to her own office premises by the 25th The owner – Harry Parker – says he will think about it.
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On the 14th August, Harry sees John in a local coffee shop and says that he would like to sell the furniture and equipment but that he won’t be able to part with it until the 31st August when he can deliver it to Jodie’s offices. John says this will be fine.
Jodie then sends Harry an email saying she has changed her mind as her uncle has given her some office furniture and equipment. Harry writes back saying that they have a contract and that he will be delivering everything on the 31st and will expect payment.
Using the scenario, write a section of your report about the elements of contracts and about the agency relationship in order to advise Jodie.
Your report must:
Analyse the elements and nature of contractual agreements
Explain the principles of agency and their impact on business practice.
To gain a merit, your report must:
Assess the validity of the contract.
To gain a distinction, your report must:
Evaluate the implications of an agency relationship for the principal and the agent.
LO 1 AC 1.2, 1.2
1M1
1D1
c) Jodie is concerned about information and intellectual property in the business. She keeps personal details of trainees and she has a large amount of training material that has been produced by her and her employees. She wants advice on the laws relating to data protection and intellectual property.
Your report must:
Analyse the requirements of data protection legislation.
Explain how intellectual property can be protected.
To gain a merit, your report must:
Assess the importance of intellectual property rights to businesses.
LO 4 AC 4.1, 4.2
4M1
d) One of Jodie’s employees caused a fire at a training event by using electrical equipment that was not properly checked. Several people suffered minor injuries. They are trying to sue Jodie for compensation. Jodie immediately dismisses the employee. Use the scenario to discuss the law of tort and remedies available and discuss the employment law relating to employment contracts and termination.
Your report must:
Explain the law of tort and the remedies available.
Assess the impact of legislation relating to employment
Task 2
Dayloan Limited, a small loans company, are insolvent. They won a number of assets which are subject to fixed and floating charges and owe a large amount of corporation tax. They are also being investigated for money laundering and other offences including poor lending practices, bribing a government official and gaining unauthorised access to competitor’s computers in order to access their clients. They have failed to operate in accordance with legislation and guidelines on responsible lending. They want advice on the insolvency and possible criminal charges and penalties.
Your report must:
Explain the process of insolvency for business organisations.
Analyse the relationship between legal principles, legislation, case law and ethical codes.
Explain the elements and consequences of malpractice, fraud and bribery in business organisations.
Explain offences and penalties related to money laundering.
Explain offences and penalties related to computer misuse and cybercrime.
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