Tuesday, November 19, 2019
Case Study Essay Example | Topics and Well Written Essays - 3000 words
Case Study - Essay Example Retrospectively, some self protection views are presented also that can aid Mr. Pecker in avoiding such problems in the future This report can be construed to be a recommendation with regard to Mr. Corky Peckerââ¬â¢s legal position with TMP Operations Pty Ltd as well as any value that the company may offer later on. A summary of the corporate structures during normal operations and immediately after voluntary administration (VA) shall be given first. This summary shall be given with a timeline of events that led to the VA decision. A review of the actions that are open to the administrator for recovering value to pay creditors is given afterwards. An outline of the liabilities and defences of Mr. Pecker shall be given in case the company is liquidated. However, in case the company is saved, advice is given to Mr. Pecker for structuring. Furthermore, many legal, practicable, remedies are given that can be used to assist a negotiating restructure in case negotiations along these lines fails. At the end, the possible role of Mr. Pecker in avoiding these risks he faces now shall be given, for his future use. However, this report shall be limited in scope; it shall only report as to the application of the Corporations Act 2001 (CA, 2001). TMP Operations Pty Ltd (TMPO) is a subsidiary wholly owned by TMP Holdings Pty Ltd (TMPH), with Don Corleone (DC), Rhonda Sadler (RS), Hubert Burdock (HB) and Corky Pecker (CP) as directors. Appendix A (a diagram) explains the corporate structure in more detail; Table A.1 therein gives the timeline of events that led to the VA. Peter Gibson (PG) is the financial advisor and accountant of the group, with legal advice dispensed by RS, while DC retained Martha Stewart (MS) as well. When the TMPO board decided to enter VA, Helen Gleeson (HG) was nominated the administrator. Investigating TMPOââ¬â¢s affairs will be
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