Prima Facie Duties

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    Separation of Duties at Riordan Manufacturing

    Separation of Duties at Riordan Manufacturing James Shoemaker CMGT 430 August 20, 2012 Bradley Andrews   Separation of Duties at Riordan Manufacturing Identifying and managing risk is a key to the survival of every organization that has more than one or two people involved in the day-to-day activities. Anytime that an organization allows an opportunity for a single user to perform more than one task or function that requires checks and balances the opportunity for loss to the organization

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    Fiduciary Duties

    FIDUCIARY DUTIES AND OTHER RESPONSIBILITIES OF CORPORATE DIRECTORS AND OFFICERS Morrison & Foerster LLP Christopher M. Forrester Celeste S. Ferber RR DONNELLEY EZ START XBRL We Tag. You Validate. We File. With the release of the proposed rule, the SEC will require the use of XBRL for financial reporting starting as early as 2009 for some companies. RR Donnelley is uniquely qualified to give you guidance on how your company can prepare for the SEC mandate. As the market leader in XBRL

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    Duty to Rescue

    . Duty to Rescue: * On or off duty authorities such as firefighters, police officers, and lifeguards are required to assist those in need. * Example: On and off duty authorities reported to 9/11 attacks. * The individual that will be doing the rescuing should have the mental and physical capability to do so. * Example: Individual that is bound to a wheelchair should not attempt to rescue drowning child. * The individual that will be doing the rescuing should not

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    The Duty to Rescue and Kitty Genovese

    The Duty to Rescue and Kitty Genovese In 1964, Twenty-eight year old Kitty Genovese was stabbed to death on a sidewalk in Queens, New York. Thirty-eight people heard her cries for help but no one came to her rescue. Only after she expired were the police called. The death of Kitty Genovese was a tragic event, which could have been avoided. Although the law does not require a witness of such an event to risk their life in a physical action, we have a moral and ethical duty to notify the authorities

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    Segregation of Duties

    Segregation of Duties One element of IT audit is to audit the IT function. While there are many important aspects of the IT function that need to be addressed in an audit or risk assessment, the fundamental element of internal control is the segregation of certain key duties, especially as it relates to risk. The basic idea underlying segregation of duties (SOD) is that no single employee should be in a position both to perpetrate and to conceal errors or fraud in the normal course of their duties. Similar

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    Nine Legal Duties

    “Nine Legal Duties” Michael Brown Lana Williams 5-7-12 M & W11:00-11:50 HUPF 3063 When planning a workout or skill, make sure you take it into consideration that all athletes are the same. Some of the coach’s athlete’s need more assistance than other’s. Never teach a skill too fast. It is advice that a coach shouldn’t advance the skill too quick; it could lead to a very dangerous situation. When planning an activity, the coach should consider each athlete’s capacity. Some are going to

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    Liquidators Duties

    Principal duty of liquidator • Subject to section 254, the principal duty of a liquidator of a company is— o (a) to take possession of, protect, realise, and distribute the assets, or the proceeds of the realisation of the assets, of the company to its creditors in accordance with this Act; and o (b) if there are surplus assets remaining, to distribute them, or the proceeds of the realisation of the surplus assets, in accordance with section 313(4)— in a reasonable and efficient manner.

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    Duty to Rescue

    provided does not specify if their engagement in this activity is hindering their productivity, or affecting their job performance. Assuming that this employee was engaging in this activity the majority of the regular work day, and neglecting their job duties, the only action the employer could take, would be to counsel the employee on their job performance and work product, but not on their willingness to organize. Scenario 4: The scenario involves an employee becoming romantically involved with their

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    Director Duties

    and they owe duties to the company, directors' are appointed by the company's shareholders to run the company's affairs for the benefits of the shareholders. Moreover, no company can get success without having the good and honest directors, so company success can only be achieved, if the directors of the company fulfil their duties and complete enforcement of the director's duties. Therefore directors play very significant role in any corporate governance system. Director's general duties are based

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    Nco Duties

    Non-Commission Officer? Duties and Responsibilities of NCOs The main duty of NCOs is taking care of soldiers. Corporals and Sergeants do this by taking concern for their soldiers well being. Leaders need to know their soldiers enough to train them as individuals and teams which will give them the confidence in any conditions to perform there duties. Individual training is the main duty and responsibility of NCOs. No one in the Army has more todo with soldiers than NCOs. Duties also include giving punishments

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    Duties of an Nco

    As a noncommissioned officer, you have duties, responsibilities and authority DUTY: A duty is something you must do by virtue of your position and is a legal or moral obligation. For example, it is the supply sergeant's duty to issue equipment and keep records of the unit's supplies. It is the first sergeant's duty to hold formations, instruct platoon sergeants and assist the commander in supervising unit operations. It is the duty of the squad/section/team leader to account for his soldiers

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    Nco Duties

    Duties and Responsibilities of NCOs The main duty of NCOs is taking care of soldiers. Corporals and Sergeants do this by taking concern for their soldiers well being. Leaders need to know their soldiers enough to train them as individuals and teams which will give them the confidence in any conditions to perform there duties. Individual training is the main duty and responsibility of NCOs. No one in the Army has more todo with soldiers than NCOs. Duties also include giving punishments and rewards

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    Separation of Duties

    Importance of Separation of Duties Student CMGT/430 Date Professor The Importance of Separation of Duties Introduction Riordan Manufacturing is one of the industry leaders in the field of plastic molding injection. The company headquarters office is in San Jose, California and has three other plants, including one international location. The list of locations includes Albany, Georgia, Pontiac, Michigan and Hangzhou, China. The San

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    Duty of Care

    Al-Fulani, its student, a Duty of Care I. Introduction Kahlil Al-Fulani (“Al-Fulani”) is a 20-year-old Lebanese-American student who currently attends the Bridge School. On September 21, 2001 Lou Gaines (“Gaines”), a fellow student, assaulted Al-Fulani in an unsupervised school lounge. This memorandum addresses whether the Bridge School owed a duty of care to prevent Gaines’s assault on Al-Fulani. A court will likely conclude that the Bridge School owed a duty of care to Al-Fulani because

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    Breach of Duty

    Breach of Duty Orm Jenkins Jr Grantham University In 1993, Dweck and Nasser (Chairman and controlling shareholder of Kids) and others purchased the assets of EJ Gitano. As part of the transaction, Kids was formed and designated for tax purposes as a Subchapter S Corporation so Kids' profits would be attributed pro rata to Kids stockholders (originally only Nasser). In 1994, Taxin joined Kids as Vice President

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    Obligatory Duty

    when the sinners from amongst the muwwahideen will be brought out of Hell. Thereafter women will form the majority of the people of Paradise. [at-Tadhkirah, al-Qurtubee, p. 475] So the sisters is to strive to adhere to the rituals and obligatory duties of Islam, especially prayer, and to keep away from that which Allah has forbidden, especially shirk in its many forms which is widespread among women, such as seeking one's needs from someone other than Allah, going to practitioners of witchcraft

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    My Analyses on the Duty of Care in Iirsh Tort Law

    Title: My Analyses on the Duty of Care in Irish Tort Law Tort law covers a wide range of wrongs committed by one person against another. Tort law covers those wrongs that arise because of a breach of a duty imposed by law, as opposed to duties imposed by contract. The first steps towards the modern doctrine of negligence was explained in Heven and Pender. Lord Esher discussed why a duty of care might be owed by one party not to injury another. First, that there must be duty of care owed. Secondly

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    Justifying Fiduciary Duties

    JUSTIFYING FIDUCIARY DUTIES Paul B. Miller* Fiduciary duties are critical to the integrity of a remarkable variety of relationships, including those between trustee and beneficiary, director and corporation, agent and principal, lawyer and client, doctor and patient, parent and child, and guardian and ward. Notwithstanding their variety, all fiduciary relationships are presumed to enjoy common characteristics and to attract a core set of demanding legal duties, most notably a duty of loyalty. Surprisingly

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    Prima Guerra Mondiale

    La prima guerra mondiale fu il conflitto armato che coinvolse le principali potenze mondiali e molte di quelle minori tra l'estate del 1914 e la fine del 1918. Chiamata inizialmente dai contemporanei "guerra europea", con il coinvolgimento successivo delle colonie dell'Impero britannico e di altri paesi extraeuropei tra cui gli Stati Uniti d'America e l'Impero giapponese, prese il nome di "guerra mondiale" o anche "grande guerra": fu infatti il più grande conflitto armato mai combattuto fino alla

    Words: 431 - Pages: 2

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    Director's Duty

    guide to directors’ duties and responsibilities for non-listed public companies and proprietary companies in Australia Contents 1 Executive summary 1.1 1.2 2 Sources of company law in Australia Summary 1 1 1 2 2 2 3 3 3 4 5 6 6 6 7 7 7 8 8 9 9 9 11 12 Common law duties 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Duty to act bona fide (In good faith) in the interests of the company as a whole Duty not to act for an improper purpose Duties of care and diligence Duty to retain discretion Duty to avoid conflicts

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    ‘the Current Australian Test for the Existence of a Duty of Care Is a Shambles – It Is Built on a Foundation of Hypocritical and Inconsistent Arguments, and Is Entirely Unsatisfactory in Achieving Its Purpose’.

    _____________________________________________________________ _____________________________________________________________ ‘The current Australian test for the existence of a duty of care is a shambles – it is built on a foundation of hypocritical and inconsistent arguments, and is entirely unsatisfactory in achieving its purpose’. The question as to whether or not a test for the existence of a duty of care, in fact does exist within Australia has always been difficult to answer. The progression from the exclusionary rule, the Anns[i]

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    Legal and Ethical Duties

    Week#7 MSAC 601 Legal and Ethical Duties of Care Due: Monday, April 20th, 2014 CPMR   Abstract This paper addresses the duty of care, duty of loyalty, and ethics of care issues that arise in the workplace. It outlines the nature and scope of care that employers are ethically obligated to give their employees. Characteristics of duty, and how it can be implemented are provided, along with how to deal with issues that arise.   Duty of care is the principle that directors and officers of

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    Duty Responsibility

    routes are covered utilizing appropriate vehicles. Investigated accidents, usual occurrences, and complaints for the purpose of filing appropriate reports. Supervised and instructed bus operators with regards of safety, service, and scheduling. Duties of Platoon Sergeant Engages in operating motor vehicles to haul materials for motor freight company, in off-highway haulage activities at industrial site. Study production schedules and estimates worker-hour requirements for completion of job

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    Duty of Care

    Employer’s Care of Duty Dwen Guydon Strayer University LEG500: Law, Ethics, and Corporate Governance Prof. Phylanice Nash, J.D. August 4, 2011 1. Explain whether Jake’s actions are in or out of “his scope of employment.” According to the definition given by USLegal.com, scope of employment refers to a person actively involved in an employment task at a particular time, usually an issue when an accident occurs, which is required to make a claim for work-related injury under state Worker's

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    Moral Duty

    Business organizations need to have the moral duty that extend well beyond serving the interest of its owners or stockholders, and these duties consist of more than simply obeying the law. That way businesses have to stand up to their own actions. It is the belief that a business has moral responsibilities to stakeholders including employees, customers, vendors, the local community and society as a whole. With this concept understood, it remains that business organizations can conform and be successful

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    Duty of Care

    Employer's Duty of Care and Issues of Compensation August 9, 2010 Law, Ethics, and Corporate Governance LEG-500 Abstract For the purposes of this assignment we independently viewed a video entitled “Employer's Duty of Care and Issues of Compensation.” In the video, the car dealership is running a special promotion offering free oil changes in order to get existing customers back into the showroom. An employee notices a backlog of customers waiting in line for their oil changes and

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    Fiduciary Duties

    given, it identifies fiduciary duties of directors as the main issue. There are a few consequences of breaching fiduciary duties. Under general law, a failure to disclose a conflict of interest rendered the transaction voidable at the option of the company. Aside from rescinding the contract, the company can seek to obtain a range of remedies such as an injunction to stop the breach of duty continuing, a constructive trust over assets acquired arising from the breach of duty, an account of profits to

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    Duty of Care

    Abstract This case discusses the situation of the lawsuit filed by a shareholder of car manufacturer against Roger claiming that he violated his duty as a director by convincing the board to launch a Sports Utility Vehicle. Roger should not be responsible legally because the project was not successful. As the director of the car manufacturing company, Roger was quite positive on the prosperous launch of the sports utility vehicle. Areas and Principles of Law Analysis of the principles of

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    Jurors Duty

    now also expected to sit as a juror even though they were once excused from the service. However, you can still be excused from jury duty for exceptional purposes, e.g. if you have an exam, if you are pregnant, if you are ill or on holiday. If you are excused, your date will postponed to another time. There are some people that are completely excluded from jury duty, for example; the mentally ill, people in active service (Soldiers in Afghanistan etc.), if you served longer than 5 years in prison

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    Duty Based

    Duty-Based and Outcome-Based Ethics Ethical reasoning is the process by which an individual examines a situation according to his or her moral convictions or ethical standards. Fundamental ethical reasoning approaches include: Duty-based ethics and Outcome-based ethics. Duty-based ethics weigh the end of an action against the means used to attain the end. Duty based ethics are based upon an underlying concept of duty regardless of the consequences of action taken or forsworn in keeping with duty

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    Duties of Corporate People

    Duties of Corporate People It is probably best to elaborate a little on what a corporation is before expounding on the duties of corporate people. A corporation is an organizational unit that is formed with the approval of the government and given the same legal rights as a real individual. A sole corporation comprises of a single person but an collective corporation is made up of a group of individual. This organization is approved to conduct business and/or other activities on behalf of the

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    Duties & Consequences

    Duties and Consequences Tenesha Williams Capella University November, 2015 Author Note This paper was written for Philosophy - Ethics, taught by Instructor Mulberry. Duties and Consequences The motion picture Casablanca from 1942, is a romantic drama movie that portrays people and scenarios in the midst of World War II background in Casablanca, Morocco. The lead protagonist, an American expatriate Rick Blaine, owns a nightclub Café Americian in Casablanca and in the movie must choose

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    Duties and Responsibilities

    DUTIES AND RESPONSIBILITIES Positions | Duties and Responsibilities | General Manager | * He must be a key player in maintaining the smooth and efficient operations of a business * Ensure that matters related to finance and transactions are within his supervision * Manage and utilize the funds and expenditure of the various operation carried out by the firm * Expected to understand the financial tools and resources available to the firm and chalk out or plan that effectively meets the

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    Duties

    Consumer rights and duties Consumerism, what is? Consumerism is the protection of the rights and interests of the general pool of buyers, or an obsession with buying material goods or items. Consumer Rights * Right to satisfaction of basic needs: The consumer has the right to goods and services to ensure their survival: adequate food, clothing, adequate housing, health care, education and sanitation. * The right to protection of health and physical safety: Life, health and consumer physical

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    Power of Duties

    Powers and Duties of Officers and Employees The procedure followed in the decision making process, including channels of supervision and accountability, the norms set for discharge of functions and the rules and regulations held under the control of the organization and used by its employees are detailed below. Shri Raji Philip Chairman-cum-Managing Director The Chairman and Managing Director is the Chief Executive of the Corporation and is responsible to the Board of Directors. He is responsible

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    Directors Duties

    ------------------------------------------------- business and company law Section 228(1) of the Companies Act 2014 details the eight fiduciary duties directors of companies are obliged and compelled by law to comply with. The question is why it is necessary through the application of law to limit director’s decision making responsibility. The potential for directors to abuse their positions of power with regards to company’s assets in the daily running of the company seems limitless even when

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    Moral Duty?

    2 of 2 Do we have a moral duty to help starving people on the other side of the world, who we will never meet? To aid hungry nations or not, is a complex issue. One that, I myself, have had some trouble even formulating an idea. Initially, when I think of this, I immediately say “Yes, we help!” But after reviewing some of the literature, case studies and political views on the subject, I am not so sure. As human beings, I believe that we have an inherent duty to help others who are in need

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    Seperation of Duties

    Separation of duties is a principle that prevents any one person (or entity) from being able to independently complete all the functions of a critical, sensitive, financial, or confidential, process or task. This principle is designed to prevent fraud, theft, and errors, as the idea behind it is that if any one person had complete authorization or access to such a process or task, they could manipulate the system and steal information or money. Some people may claim that separation of duties is too bureaucratic

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    Duty of Care

    Donoghue v Stevenson (duty of care) The first element in a claimant’s case negligence is whether the defendant owed him a duty to take reasonable care. Duty of care therefore, exists as a control devise in order to determine who can bring an action for negligence and in what circumstances. When a person suffers loss as a result of negligent conduct, they will want to shift that loss on to the person who caused it though negligence action. When a negligence action is brought to court, the judge

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    Benficience Is a Duty

    Beneficence is a duty Beneficence, according to Merriam Webster Dictionary, it’s the quality or state of being beneficent or producing or doing something good. Beneficence is a duty, according to Wikipedia, He who often practices this, and sees his beneficent purpose succeed, comes at last really to love him whom he has benefited. When, therefore, it is said, "Thou shalt love thy neighbor as thyself," this does not mean, "Thou shalt first of all love, and by means of love (in the next place) do

    Words: 414 - Pages: 2

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    Duty of Care

    DUTY OF CARE The tort of negligence owes its origins to the tale of a decomposing snail that was found in a ginger-beer bottle – Donoghue v Stevenson (1932). The claimant, Mary Donoghue, went with a friend to a café, where her friend bought her a bottle of ginger beer. Donoghue opened it and poured some of the contents into a glass. When she finished this glass, she then poured the remainder of the bottle into the glass. At this point, the remains of the snail floated to the surface. This caused

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    Duty of Care

    The topic that the writer will discuss in this paper is employer’s duty of care. The video that is attached to this assignment touched on the topic of employer’s duty of care and issues of compensation. Throughout this assignment the writer will convey to the audience the pros and cons of both men in the video, as well as go into detail on the topic of employer’s duty of care. 1. Explain whether Jake’s actions are in or out of “his scope of employment.” Jake's actions are out of his scope of

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    Fiduciary Duties

    keep his promise of the trustees’ interest when the duty is completed and the promise of confidential information between the parties. According to Paul Finn (1989, P.83)’s definitions, “A fiduciary is obliged to act in beneficiary’s interest, not only that it possess certain characteristics, but also being wish to exact particular standard of conduct”, In a case Hospital Products Ltd v United States Surgical Corp (1990) relating fiduciary duty, “a fiduciary is a person who undertakes or agree

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    The Duties of an Nco

    Duties of a NCO As a Non Commissioned Officers we need to seek what is best for our soldiers. It is our duty to guide them through this Army process. How are we going to do this? By maintaining discipline, training soldiers and ensuring welfare. Maintaining discipline, by ensuring that the soldiers are doing the right thing on and off duty like when we are in the motor pool and you see soldier not helping others to accomplish the assigned task. Ensure Preventive Maintenance Checks and Service

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    Seg of Duties

    Planning and Organization of IS ISACA PROFESSIONAL RESOURCES SEGREGATION OF DUTIES WITHIN INFORMATION SYSTEMS This is an excerpt from the CISA Review Manual 2005 Chapter 2 - Management, Planning and Organization of IS CISA Review Manual 2005 - Pages 88-91 The entire publication and other exam study material can be purchased through the ISACA bookstore at www.isaca.org/cisabooks. CISA® REVIEW MANUAL SEGREGATION OF DUTIES DISCLAIMER ISACA has produced this publication as an educational resource

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    Duties and Obligation

    DUTIES AND OBLIGATIONS By: MA.EDITH G. MATAAC DUTIES OF PARENTS  RESPONSIBLE FOR THEIR CHILDREN’S EXISTENCE  RESPONSIBLE TO THEIR CHILDREN’S NEED TO LIVE A DECENT AND USEFUL HUMAN LIFE  SEE TO IT THAT THE CHILD WHEN GROWN CAN TAKE HIS PLACE AS A USEFUL MEMBER OF SOCIETY  THEY MUST TEACH HIM THE MEANS NEEDED FOR LIFE IN COMMON WITH OTHERS FIRST AND FOREMOST EDUCATORS OF THEIR CHILDREN EDUCATION ACT SECTION 14  ALL PARENTS SHOULD HAVE THE FOLLOWING OBLIGATIONS

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    Corporate Duties

    Running Head: Corporate Duties Corporate Duties Nicole Sherwood BUS670: Legal Environment Alexis Hooley March 26, 2012 Abstract Corporations are intricate entities and require many people to aid in its success. The main groups that actively contribute to the corporation are the directors, officers, and shareholders. Each group is vital to the success of the organization. A corporation is a company in the marketplace and is comprised

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    Segregation of Duties

    Customer Payments Received Does the employee responsible for opening customer payments/remittances also perform any of the following duties: • Record payments • Record or authorize write-offs or adjustments to customer accounts in the accounts receivable ledger • Reconcile the bank account(s) The employee who is responsible for the receipt of cash should not have access to record or authorize transactions in the accounts receivable ledger and customer accounts. In addition, the person

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    Duties of Directors

    Directors of a company normally have exclusive power to manage the company’s business and exercise its powers. At common law, the duties were owed to the company, to employees, to individual shareholders and creditors. 1.0 Duties of Directors to the company It is convenient to categorise the duties of directors into fiduciary duties which arise because they are quasi-trustees of the assets of the company. The word ‘fiduciary’ refers to trust and confidence. ‘A fiduciary is someone who has undertaken

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    Estate Duty

    Assignment: IST 309/611/712 Second Semester: Estate Duty and Estate planning Due date: 26 September 2012 (negotiable) Instructions: Assignments can be submitted as an individual or a group. Group assignments are limited to a maximum of 6(six) and numbers greater than 6 must be approved before submission. Case study: Romeo is married out of community of property to Juliette but subject to the accrual. They have only one child, Moses (14). At the time of their marriage 18 years ago Romeo’s assets

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