Saturday, December 28, 2019
Facts About the Ocean As a Marine Life Habitat
Within the worlds oceans, there are many different marine habitats. But what about the ocean as a whole? Here you can learn facts about the ocean, how many oceans there are and why theyre important. Basic Facts About the Ocean From space, Earth has been described as a blue marble. Know why? Because most of the Earth is covered by ocean. In fact, almost three-quarters (71%, or 140 million square miles) of the Earth is an ocean. With such an enormous area, theres no argument that healthy oceans are vital to a healthy planet. The ocean is not divided evenly between the Northern Hemisphere and Southern Hemispheres. The Northern Hemisphere contains more land than the oceanââ¬â39% land versus the 19% land in the Southern Hemisphere. How Did the Ocean Form? Of course, the ocean dates back long before any of us, so nobody knows for sure how the ocean originated, but it is thought that it came from water vapor present in the Earth. As the Earth cooled, this water vapor eventually evaporated, formed clouds and caused rain. Over a long time, the rain poured into low spots on the Earths surface, creating the first oceans. As the water ran off the land, it captured minerals, including salts, which formed salt water. The Importance of the Ocean What does the ocean do for us? There are many ways the ocean is important, some more obvious than others. The ocean: Provides food.Provides oxygen through the photosynthesis of tiny plant-like organisms called phytoplankton. These organisms provide an estimated 50-85% of the oxygen we breathe and also have the ability to store excess carbon.Regulates climate.Is a source of important products such as medicines, and things that we use in food such as thickeners and stabilizers (which may be made from marine algae).Provides recreational opportunities.Contains natural resources such as natural gas and oil.Provide highways for transportation and trade. More than 98% of U.S. foreign trade occurs via the ocean. How Many Oceans Are There? The salt water on the Earth is sometimes just referred to as the ocean, because really, all of the worlds oceans are connected. There are currents, winds, tides, and waves that circulate water around this world ocean constantly. But to make geography a bit easier, the oceans have been divided and named. Below are the oceans, from largest to smallest. Click here for more details on each of the oceans. Pacific Ocean: The Pacific Ocean is the largest ocean and the largest single geographic feature on Earth. It is bound by the western coast of North and South America to the east, the coasts of Asia, and Australia to the west, and the more newly-designated (2000) the Southern Ocean to the south.Atlantic Ocean: The Atlantic Ocean is smaller and shallower than the Pacific Ocean and is bound by North and South America to the west, Europe, and Africa to the east, the Arctic Ocean to the north and the Southern Ocean to the south.Indian Ocean: The Indian Ocean is the third-largest ocean. It is bound by Africa to the west, Asia and Australia to the east, and the Southern Ocean to the south.Southern, or Antarctic, Ocean: The Southern Ocean was designated from parts of the Atlantic, Pacific and Indian Oceans in 2000 by the International Hydrographic Organization. This is the fourth largest ocean and surrounds Antarctica. It is bounded on the north by parts of South America, Africa, and Austral ia.Arctic Ocean: The Arctic Ocean is the smallest ocean. It lies mostly north of the Arctic Circle and is bounded by Europe, Asia, and North America. What Is Sea Water Like? Sea water might be less salty than youd imagine. Salinity (the salt content) of the sea differs across different areas of the ocean, but on average is have about 35 parts per thousand (about 3.5 % salt in salt water). To recreate the salinity in a glass of water, youd need to put about a teaspoon of table salt into a glass of water. The salt in sea water is different from table salt, though. Our table salt is made up of the elements sodium and chlorine, but the salt in sea water contains more than 100 elements, including magnesium, potassium, and calcium. Water temperatures in the ocean can vary greatly, from about 28-86 F. Ocean Zones When learning about marine life and their habitats, youll learn that different marine life may live in different ocean zones. Two major zones include: Pelagic Zone, considered the open ocean.Benthic zone, which is the ocean bottom. The ocean is also divided into zones according to how much sunlight they receive. There is the euphotic zone, which receives enough light to permit photosynthesis. The disphotic zone, where there is just a small amount of light, and also the aphotic zone, which has no light at all. Some animals, like whales, sea turtles and fish may occupy several zones throughout their lives or in different seasons. Other animals, like sessile barnacles, may stay in one zone for most of their lives. Major Habitats in the Ocean Habitats in the ocean range from warm, shallow, light-filled waters to deep, dark, cold areas. Major habitats include: Intertidal Zone, where land and sea meet. This is an area subject to great challenges for its marine life, as it is covered with water at high tide and water is largely absent at low tide. Therefore, its marine life must adapt to sometimes great changes in temperature, salinity, and moisture throughout the day.Mangroves: Mangroves are another salt water habitat along the coast. These areas are covered by salt-tolerant mangrove trees and are important nursery areas for a variety of marine life.Seagrasses, or seagrass beds: Seagrasses are flowering plants and live in a marine or brackish environment, usually in protected areas such as bays, lagoons, and estuaries. Seagrasses are another important habitat to a number of organisms and provide nursery areas for tiny marine life.Reefs: Coral reefs are often described as the rainforest of the sea because of their great biodiversity. The majority of coral reefs are found in warm tropical and sub-tropical areas, although deep-water corals do exist in some colder habitats.Pelagic Zone: The pelagic zone, also described above, is where some of the biggest marine life, including cetaceans and sharks, are found.Reefs: Coral reefs are often referred to as the rainforests of the sea because of their great diversity. Although reefs are most often found in warm, shallow tropical and sub-tropical waters, there are also deep-water corals that live in cold water. One of the most well-known coral reefs is the Great Barrier Reef off Australia.The Deep Sea: Although these cold, deep and dark areas of the ocean may appear inhospitable, scientists are realizing that they support a wide variety of marine life. These are also important areas to study, as 80% of the ocean consists of waters greater than 1,000 meters in depth.Hydrothermal Vents: While they are located in the deep sea, hydrothermal vents provide a unique, mineral-rich habitat for hundreds of species, including bacteria-like organisms called archaea that turn chemicals from t he vents into energy using a process called chemosynthesis, and other animals such as tubeworms, clams, mussels, crabs, and shrimp.Kelp Forests: Kelp forests are found in cold, productive, and relatively shallow waters. These underwater forests include an abundance of brown algae called kelp. These giant plants provide food and shelter for a variety of marine life. In the U.S., the kelp forests that may most readily come to mind are those offà of the west coast of the U.S. (e.g., California).Polar Regions: Polar habitats are areas near the Earths poles, with the Arctic in the north and the Antarctic to the south. These areas are cold, windy and have wide fluctuations in daylight throughout the year. While these areas seem uninhabitable for humans, marine life thrives there, with many migratory animals traveling to these areas to feed on abundant krill and other prey. They are also home to iconic marine animals such as polar bearsà (in the Arctic) and penguins (in the Antarctic). Polar regions have been subject to increasing attention due to concerns about climate changeââ¬âas it is in these areas where a warming of Earths temperatures would likely be most detectable and significant. Sources CIA - The World Factbook.Coulombe, D.A. 1984. The Seaside Naturalist. Simon Schuster: New York.National Marine Sanctuaries. 2007. Ecosystems: Kelp Forests.WHOI. Polar Discovery. Woods Hole Oceanographic Institution.Tarbuck, E.J., Lutgens, F.K. and Tasa, D. Earth Science, Twelfth Edition. 2009. Pearson Prentice Hall: New Jersey.
Friday, December 20, 2019
The True Hero Exploring Heroic Code - 1308 Words
The True Hero: Exploring Heroic Code in Germanic Society In the great epic Beowulf, the reader is able to delve into the Anglo-Saxon world and grow familiar with the heroic code. As a story passed from mouth to mouth as generations came and went, Beowulf still stands as one of the greatest heroic epics. The story teaches the reader a great deal about the time when it was written. In a world so heavily influenced by the perfect hero, the Anglo-Saxon people were able to look onto Beowulf as a source of great instruction and something that men women and children would be able to idolize. The heroic code was instilled by the Anglo-Saxon people as a code of conduct one followed to ensure one was operating as a commendable member of society. The idea of the perfect hero was the ultimate goal for any king or man of the time. The characteristics of selflessness and bravery were admired beyond anything else, and a true hero would embody them. In every sense of the word Beowulf embodied the essence of the heroic code and stood as a role model of ide al kingship for people to follow even in todayââ¬â¢s world. This essay will outline how Beowulf exemplifies heroic code through his selfless and bravery, strength, and the unconditional love Beowulfââ¬â¢s men had for him through his own inspiration and dedication to his work. Even from the beginning of the epic, the reader is given proof of Beowulfââ¬â¢s outstanding selfless nature and creed. From the moment he steps foot on Danish soil he exuded aShow MoreRelatedThe Leatherstocking Tales Character Analysis868 Words à |à 4 PagesExploring Hawkeye The novel series, ââ¬Å"The Leatherstocking Tales,â⬠by James Fenimore Cooper, takes place in the 1750s on a colonial frontier, near the great lakes. Natty Bumppo, better known as Hawkeye, has to do his best with all that he has to work with. Throughout the story, the reader is exposed to what kind of a character Hawkeye is. 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Thursday, December 12, 2019
Comparative Indian Legal System
Questions: 1. What is the underlying ideology or religion that is served by the legal system and what are its central tenets? 2. how are those central tenets manifested in the legal system. 3. Given the central tenets of the legal system you have selected, could it co-exist in a type of legal pluralism with the Australian legal system? Answers: For the purpose of study in this paper, I have taken Indian legal system and have explained the underlying ideology of creating it as well as its central tenets. The integration of such central tenets in the legal system as well as the possibility of its co-existence as the legal pluralism with the Australian legal system is also discussed in the paper. What is the Underlying Ideology or Religion that is Served by the Legal System and what are its Central Tenets? The most common legal systems around the world are the common law system, the civil law system, the socialist legality system, and the religious law system. The Indian legal system can be considered as a common law system; however it can also be classified as an open legal system which has taken elements from civil, socialist and religious legal systems as per the needs and requirements of the society.[1] As we understand that India is one of the oldest civilized nations in the world thus the legal system of India is one of oldest yet it has been changed as and when required under the constitution of India to take in inferences from other legal systems. Indian legal system is governed under the Constitution of India as it exhibits the Anglo-Saxon nature of judiciary. The legal system of India is much diversified in nature due to presence of various cultures, local traditions and customs following different ideologies yet following almost similar ethical and legal standards. Various personal and common laws governs the diverse religious population of India. The legal system of India is an integrated system of courts whose administration function is used to govern whereas the courts utilize the combination of state and union laws. The hierarchical order of courts legitimizes the authority of the Supreme Court of India as the highest order making body in the Indian legal system. The diverse geography of India has various states and each state has their own High Courts as well as various subordinate courts.[2] As discussed earlier, India, as a nation is governed under the common law system which is improved after regular judicial pronouncements and legislative actions as per the Indian culture and societal requirements. The Indian legal system has al so been moving towards the model of social justice as other territories with common law system. The legal system of India is working under the framework by defining the procedure, structure, power and duty prescribed under the Indian constitution. The federal natured Indian constitution has 25 part containing 448 articles with 12 schedules under 5 appendices and has witnessed 98 amendments till date. The tier-wide power spread among the courts in India indicates Supreme Court at highest authority with the hierarchical order followed by the High Courts, District Courts and Magistrates of Second Class and Civil Judge. 24 High Courts are governing and maintain the law and order at state level. The Indian legal system is divided into two branches:[3] Criminal Law The Criminal Law deals with acts like theft, homicide, abuse etc. A Criminal Law procedure starts with filing a FIR (First Information Report), followed by police investigation and trials in court. The India Penal Code (IPC) forms the backbone of criminal law in India. It has been amended several times since it came to force in the early British Raj in 1862.It is subdivided into 23 chapters which contains 511 sections and covers a wide range of criminal offenses.[4] The much talked about Section 377 which criminalizes gay sex falls under chapter XVI and is titled Of Unnatural Offences. Civil Law The Civil Law entails the cases where harm is caused to the rights of individuals like disputes related to land, goods, rent and divorce. The procedure of civil cases commences with filing a petition in the relevant court by the affected party only. Indian Laws Pertaining to Women and Children Various laws pertaining to the safety and security of women such as Immoral Traffic Prevention Act, 1956,Dowry Prohibition Act, 1961, Indecent Representation of Women Act, 1986, Commission of Sati Act, 1987, Protection of Women from Domestic Violence Act, 2005, and Sexual Harassment of Women at Workplace Act, 2013 etc. are constituted in Indian legal system. Various laws pertaining to the safety and security of children such as Reformatory Schools Act, 1897, Child Marriage Restraint Act, 1929, Young Persons (Harmful Publications) Act, 1956, Children Act, 1960, Child Labour Act, 1986, Infant Milk Substitutes, Feeding Bottles Infant Foods Amendment Act, 2003, Commissions for the Protection of Child Rights Act, 2005, Prohibition of Child Marriage Act, 2006, and Juvenile Justice Amendment Act, 2006 are constituted in Indian legal system. Apart from this there are other religion based laws legal in Indian legal system pertaining to other religions such as Hindu law, Muslim Law, Christian Law and Sikh Law. Overall the Indian legal system is highly complex in nature and has the lengthy law structure compared to other countries in the world. How are those Central Tenets Manifested in the Legal System? The legal systems are supposed to acknowledge the rights while laying down the duties of residents of the society. It also identifies different methods and ways to impose and implement the regulations under its constitution. The legal systems around the world are created on the basis of regularly changing social, economic and political situation in any society. The legal systems have futuristic goals and documented as well as evolving regulations to help the society to achieve the desired goals. Indian legal system has given space to other religion laws into its structure, which can function individually within the gambit of Indian legal system. The Indian legal system till now follows central tenets from the British raj. The laws made at that time still are in power in Indian legal system with some current modifications. The Indian legal system draws various similarities from the British Common Law system as the judges are given full authorities to develop the rules, regulations and laws by passing the judgments.[5] The Indian legal system has its own federal structure with a combination of both central and state government and courts working towards the interests of the Indian society. The Indian laws have been creased under the constitution of India (initialed applied on January 26, 1950) which has been adopted by the parliament of India as well as is regarded as the primary source of law. Other sources are usual in nature such as different case laws, ratification in the existing laws passed by the Indian parliament, various decree and statutes as well as regular customary legal changes and treaties. Indian government and nation as a whole is governed under the constitution and its various charters which are regarded as the fundamental principles of law. The Indian constitution, as the primary legal background of system, was created by the Constituent Assembly under the leadership of Dr. BhimraoAmbedkar. The assembly drafted the Indian constitution with the help of constitutional documents of various nations such as Ireland, USA, Canada, and Australia. The primary document of Indian constitution is divided into 22 parts and it contains 395 articles in 12 schedules . Indian constitution has adopted various statutes as legislative acts which are endorsed for recommend the conduct in society, promotion of welfare of the population as well as defining the crimes and their punishments. Other major regulations are adopted through session laws as state legislature, official gazettes as the publication of the government of India in form of ordinances and regulations as well as Individual Central and State Bare Acts. The constitution is amended and new laws are also created using different case laws or various court decisions. As discussed earlier the hierarchy of the courts sometimes requires amendment of laws as per case laws and judgments by different courts of Indian legal system. Indian legal system has been structured very keenly and has been created very carefully keeping in view the sovereignty of people of India.[6] The Indian constitution Article 14 21 manifests the central tenets of the principles of natural justice. The common law of natural justice is clearly prevalent in the substantive and procedural process under the Article 21 which imposes the fairness for the implementation of the principles of natural justice. Any violation of the above fairness of the implementation of the principles of natural justice is supposed to be resulted in the arbitrariness process under the Article 14 which indicates the violation of Equality clause.With regards to the ideology and religion, the Indian constitution claims India as a secular republic nation as well as a fundamental right to freedom of religion has been granted to the citizen of India. The constitutional preamble reads that India is a sovereign socialist secular democratic republic mandating equal treatment and tolerance of all religions. By not having any official state religion and language, Indian constitution provides all Indians a right to practice, preach, and propagate any religion of their choice. Most of the religious communities are governed under their personal laws such as Hindus Personal Laws, Muslims Personal Law, Christians Personal Laws, Zoroastrians Personal Laws, and Jews Personal Laws.[7] The family laws are different as well and the nation is still in processes of progressing towards a uniform civil code. Given the Central Tenets of the Legal System you have Selected, could it Co-exist in a Type of Legal Pluralism with the Australian Legal System? As experienced while analyzing the various legal systems that core ideology behind installing a legal system is to serve a particular ideology or religion. The legal system can be defined as a set of authorized doctrines and principles which are used for the protection and promotion of cultured living standards in societies. The legal pluralism can be described as the existence of various legal systems within a specified geographical domain, as discussed in the above tenet discussion India, country which calls itself as sovereign socialist secular democratic republic, has various legal system present under its constitution such as civil laws, criminal laws as well as various personal laws on the basis of religion ex. Hindu law, Muslim law and Christian law etc. India is known to be a country, a land of pluralism par excellence because of the coexistence of different forms of religion, language and diverse culture.[8] India has special Islamic courts which addresses the concerns of Mu slim community by following the Islamic laws and other generally secular courts deal with the cases of other communities. Australia also enjoys great multicultural population however the multiculturalism can also lead to controversies as it led in India with regards to Uniform Civil Law (Muslim communities going against it). Existence of ethnic ghettos and inter-racial tension can also increase due to such cultural diversity. I believe that Yes, Indian and Australian legal systems can co-exist on the face of legal pluralism because of various reasons. Both the nations enjoy a similar political approach towards their parliament, constitution, courts as well as legal system. The similarities with regards to the law reform system also indicate that both can co-exist. As in Australia, like India the law reforms are institutionalized through a long yet secured process of public services initiative and government resourcefulness. Recent example of a newly created a National Corporations Law in Australia presents a clear example of the process followed for creating and institutionalizing the laws. The reforms initiated in the old laws of Aboriginal Australians and incorporation of gender related bias in the existing laws indicates that the roots are quite similar with the Indian legal system.[9] The basic underlying reason behind these similarities is the basis incarnation of legal system of both the nations happened from British legal system. It is quite evident that Australian legal system embeds the different cultures, old prejudices as well as allegiances yet the possibility of reforms and a simple reform process presents a great opportunity of legal pluralism. Indian and Australian legal systems can co-exist as well as must work together for reforming their legal system as per modern requirements and necessities. As quite visible in last few decades, Australia has been rejecting the total embrace of principles which are different to British common laws and anglo-centric values. As Australia recognizes the existence of customary laws, still the rights of people are regulated and they are not able to argue common law cases considering high complexities involved in the legal proceedings.[10] Thus the reliance on the native customary law is almost limited as its only existence is recognized under the common law. The join reform committee of both nations can work together to achieve the shared objectives of simplification of laws and other reforms in their legal and judicial systems. However as per the 2013 report of Joint Standing Committee on Migration was not very appreciative of the existence of the de facto legal pluralism in Australia. The Australian legal system can also use the value and reforms institutionalized by the Indian constitution with regards to acceptance of the other legal systems and promotion of legal pluralism. The eminent lawyers of both the nations should work together to fight the neglect and introduce reforms. Both the nations can also utilize the each-others constitutional decisions. As discussed earlier that Indian constitution committee had used a part of Australian constitution as well while drafting their constitution, thus it presents a great opportunity for both the nations to work together and reform their legal systems.[11] Both the nations can utilize their central tenets the legal system to co-exist in a type of legal pluralism with the legal systems of each-other. Indian and Australian courts can work together with regards to the development of the common laws and reform administration in the same domain to promote the simplicity in their legal systems. The complex cultural and social situation in India and their judicial management is the domain where Indian lawmakers can help the world. The diversity of cultures and social institution as well as the failure of the government to address the related issues, the strong Indian judicial system has provided a great alternative of the common people of India.The uppermost authoritative court of India, the Supreme Court has been a key contributor to reforms and redressal in laws and regulations for the betterment of the society. Australia also enjoys the similar professionally sound and creative law reform and regulation management system to achieve the desired updates in the old laws and institutionalize the new ones.[12] Institutionalizing the Australian Law Reform Commission was one the most smart judiciary reform that has helped Australian legal system to be dynamic as well as appropriate for the current hanging environments. State Law Reform Commissions have been the engineers of the path to provide new reforms in the law through their experience and judiciary changes. The reform commissions have been continuously working on reforming the laws with regards to sentencing, disability, defamation, uniform succession, and medical treatment consent and many more. India also has been able to revoke and remove thousands of redundant laws and reforming them to make them modern and simpler. This presents a great opportunity for the lawyers and judges of both the nations to work towards the legal pluralism in each-others constitutions. The similarities in the constitution with regards to federal and common laws as well as language, the statutory lineage of large areas of public and private laws etc. clearly indicate that both the nations can utilize their central tenets the legal system to co-exist in a type of legal pluralism with the legal systems of each-other. References 1. Avinash Gadhre, Law and Religion (July01, 2015) Legal Services India https://www.legalservicesindia.com/article/article/law-and-religion-1852-1.html Ashok Jain, Structure Of Indian Legal System:-Original Origin And Development (2014) 4 International journal of law and legal jurisprudence studies G Peiris, Involuntary Manslaughter in Commonwealth Law (1985) 5 Legal Studies F C Hutley, The Legal Traditions of Australia as Contrasted with Those of the United States (1981) 55 Australian Law Journal H R Khanna, The Making of India's Constitution (Eastern Book Co, 1st ed, 1981) Privy Council Limitation of Appeals)Act 1968 (Australia) S J Sorabjee, Public Interest Litigation for Protection and Promotion of Human Rights: The Indian Experience (1996) 1 New Zealand Law Conference Proceedings M Sornarajah, Duress and Murder in Commonwealth Law (1981) 30 International and Comparative Law Quarterly Rene David and John E.C. Brierley, Major Legal Systems In The World Today(2012) 10 Journal of Law S Yeo, Lessons on Provocation from the Indian Penal Code (1992) 41 International and Comparative Law Quarterly SLIF, Indian Judicial System (2011) https://www.silf.org.in/16/indian-judicial-system.htm Theophanous v The Herald and Weekly Times Ltd and Anor (1994) 182 CLR 104.
Wednesday, December 4, 2019
Repurchase Reasons and Market Reaction â⬠MyAssignmenthelp.com
Question: Discuss about the Repurchase Reasons and Market Reaction. Answer: Introduction: In the present case, the subject matter is evolved with two topics. The first thing is the oppressive remedy and the second one is that the dividends (Akyol Foo, 2013). The commonwealth countries are enjoying certain statutory powers that help them to get certain benefits. One of such benefit is oppression remedy. This remedy is given to the oppression shareholders so that they can take action against the corporation if the corporation acts oppressively or unfairly (Dhaliwal, et al., 2014). This doctrine was for the first time introduced in the case of Foss v Harbottle (1843) 67 ER 189. It was held in that case that if the action of the company is prejudiced the shareholders at large, they can take action against the company or the corporation (Galloway, 2016). This rule is applicable to all the commonwealth countries. The word unfair prejudiced means if the company is engaging themselves in the process of illegal avoidance regarding any specific shareholders. It has been observed i n the case of Re HR Harmer Ltd. that any person who has actively taken part to the internal affairs of the company can file the oppression. It had observed by Judge Lord Jenkins that any person that has certain interest with the company could bring an action against the company regarding the oppression cases against the company that hurt the corporate personality of that person on certain illegal basis (Garling et al., 2013). It has been stated under section 234 of the Corporation Act 2001 that there are certain category of persons who can get the option to file a case regarding the same. the persons are as follows: Oppression can be filed by any person who is a member of the company; It can be filed by a person who was removed from his post under certain circumstances; A person can also file a case with the consent of the Australian Security and Investments Commission. There is a provision under the Corporation Act regarding the person whose shares are transmitted by will or the shares are allotted to him by operation of law. The affairs of the company should be so that goes against the interest of the shareholders. The acts of the company should be clear enough to prejudice the interest of the shareholders (Hooi, S.E., Albaitty Ibrahimy, 2015). It has been observed in this case that the constitution of the company provides certain dividend benefits to the holders specially those who are enjoying the benefits of the A class shares. It has been stated under the rules of the Corporation Act 2001 that the rules mentioned under the constitution of an company are mandatory in nature and it will be applicable on everyone (Iftikhar, Raja Sehran, 2017). The provisions of the constitution can only be changed in the form of by way of special resolution. However, it has seen that the company had decided not to pay dividends to the Galli Grandchildren. This act of the company has seriously caused breach to the provisions under the constitution of that company. It was the right of the Galli Grandchildren to get the dividend as they are holders of A class share. Therefore, it can be stated that the Gallis have option to bring action against the company to get the oppression remedies. In case of the oppression, the court may give remedies regarding the claim as follows: The company can be wound up; The provisions of the constitution can be modifies, if required; The share capital of the company relating to the person can be transmitted by will. The court can appoint receiver in certain circumstances; The court may even ordered to perform any duties as the court may deem fit. The doctrine of share buy-back is the main theme of this question. Two terms are involved in the doctrine. One is share buy and another is sharing buy-back. The main function of the shareholders in a company is to buy the share of the company and strengthen the economic condition of the company. The shareholders are, therefore playing an important role regarding the monetary affairs of the company. The event of share buy-back has taken place when the shares of the shareholders are purchasing by the company again. Therefore, it can be stated that the term share buy-back happened when the company has decided to buy back all the shares bought by the shareholders of the company for certain reasons (Jacob Jacob, 2013). The reasons for the same can be regarded as the shareholders are part of the company and if it has been decided by the company to reduce the capital cost of the company by reducing the sharing ownership of the shareholders. The Corporation Act 2001 makes certain provisions regarding the buy-back policies to regulate the matter relating to the same systematically. The provision regarding the same has been engraved under section 257B of the Act (Mitchell, Izan Lim, 2015). It is to be kept in mind that the reasons for the buy-back policy do not only stand on the negative base to the shareholders. It has certain benefits that help to secure the interest of the shareholders as a whole. The parameters regarding the share earnings will be increased by way of share buy-back policy. The company at the present market price is purchasing all the shares. Therefore, the shareholders are making profits in this system. The remaining shareholders are also become potential through this process. The process of share buy-back can be taken place by way of two ways. One is the open market and another is the off market. It is up to the company in which way they will be conducted the process. The present problem is based on the capital reduction process. The term capital reduction is related to the term equity. It is the right of the every shareholder to keep certain equity. The quantity of equity can be reduced by way of cancellation of shares or it can be reduced by way of repurchasing the shares by the companies again. Company has stated it under section 257B of the Corporation Act 2001 regarding the buy-back process of the shares. The provision regarding the cancellation of shares is mentioned under section 256B of the Corporation Act 2001. The impacts of the capital reduction do not affect the interest of the shareholders much. It has been observed in the case that this company is also intending to use the capital reduction process (Yarram Dollery, 2015). The process of capital reduction is a process of systematic thought. It is to be kept in mind that the process should not based on the arbitrary procedure. Notice regarding the same is to be sent to the creditors in this aspect and it is necessary to make an entry regarding the capital reduction in the record book of the company. The company should conduct a general meeting and if the resolution were passed on the behalf of the reduction, the same will be recorded after three months of the assurance. In the provinces of Australia, Australian Security and Investment Commission is in the charge of regulate the capital reduction. Certain consents are necessary regarding the capital reduction system. Special resolution is needed to implement the policies regarding the capital reduction. It is not possible to reduce the capital without conducting the special resolution. However, consent is also necessary regarding the reduction. All the problems relating to the matter should be resolved by the interference of the tribunal. Reference: Akyol, A.C. and Foo, C.C., 2013. Share repurchase reasons and the market reaction to actual share repurchases: Evidence from Australia.International Review of Finance,13(1), pp.1-37. Dhaliwal, D., Li, O.Z., Tsang, A. and Yang, Y.G., 2014. Corporate social responsibility disclosure and the cost of equity capital: The roles of stakeholder orientation and financial transparency.Journal of Accounting and Public Policy,33(4), pp.328-355. Galloway, C., 2016. Crisis Communication Research in Australia.The Handbook of International Crisis Communication Research, pp.337-346. Garling, S., Hunt, J., Smith, D. and Sanders, W., 2013.Contested governance: culture, power and institutions in Indigenous Australia(p. 351). ANU Press. Hooi, S.E., Albaity, M. and Ibrahimy, A.I., 2015. Dividend policy and share price volatility.Investment Management and Financial Innovations,12(1), pp.226-234. Iftikhar, A.B., Raja, N.U.D.J. and Sehran, K.N., 2017. IMPACT OF DIVIDEND POLICY ON STOCK PRICES OF FIRM.Theoretical Applied Science, (3), pp.32-37. Jacob, M. and Jacob, M., 2013. Taxation, dividends, and share repurchases: Taking evidence global.Journal of Financial and Quantitative Analysis,48(4), pp.1241-1269. Mitchell, J., Izan, H.Y. and Lim, R., 2015. Australian on-market buy-backs: an examination of valuation issues. Wood, D., Watson, L. and Chung, E., 2014. Cancellation of elective surgery within 24 hours: avoidable and can we improve the outcome?.Bju International,113, pp.28-29. Yarram, S.R. and Dollery, B., 2015. Corporate governance and financial policies: Influence of board characteristics on the dividend policy of Australian firms.Managerial Finance,41(3), pp.
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