Company & Insolvency Law Assignment Example | Topics and Well Written Essays - 2500 words

Company & Insolvency Law - Assignment Example whereas a floating charge is that which allows a company to undertake borrowings despite non possession of assets which may be specific in nature and the charges are placed on the company’s assets like its machinery, stock in trade etc. Before and at the onset of insolvency, fixed charge holders enjoy an unfettered right to enforce their debt repayments by dragging their debtors to court upon default by the latter.1 A debenture holder, whose debt is secured by a floating charge over the assets of a company such as its book debts and trading stock, is likely to enjoy boundless benefits should such a charge crystallize preferably before the onset of insolvency. In Khalid and Mahmood’s business, the bank charges a fixed charge on the company’s assets meaning it secures via mortgaging the assets of the company in case of debts and further affixes a floating charge on the rest of the undertaking of the company. ... er party owing to the weight of his needs, leaving room for the stronger party to make collateral demands whose fairness may be of little relevance, given the freedom of contract doctrine at the heart of contract law. However, when the sum realized from the fixed assets is not enough to pay the debt owed to the creditors, the holder is then relegated to the undesirable general league of unsecured creditors for the remaining balance, subject to pari passu regime. The fixed charge of 75,000 that has been granted by the bank is an automatic security clause, and is the first priority and thus needs to be paid before anything else. According to the facts of the case, the bank got the 75,000 pounds of loan as a fixed charge interest. This loan was undertaken to be a floating charge loan with a negative pledge on the floating assets of the company. It can be demarcated to a floating charge loan only when the loan is given on collateral which is not fixed in nature. Loanshark granted a 20000 Pounds worth of floating charge on the company’s undertaking. Adopting from the theory, we can assume that such charge was given on the floating assets of the company. Taking case laws into account, the case of Agnew v Commissioners of Inland Revenue2 involved the security interest of the company’s assets and the priority of the creditors in the winding up of the business. Other cases like Leyland Daf Ltd3 involve floating charges depicting how crystallization on time can help save the company. Under all the circumstances, if a company has taken loan on a fixed charge interest and floating charge interest, the loan which has been taken on the fixed charge interest has to be paid at the earliest time possible. This is done so that the loan on the fixed security which is more vulnerable

The Principle Role of Financial Intermediaries Essay Example for Free

The Principle Role of Financial Intermediaries Essay There are evidences that â€Å"financial intermediaries play a key role in improving the performance of the economy†. (Morawski 4) Not to mention that they â€Å"could even act as a good predictor of long run rates of economic growth, capital accumulation and productivity improvement† (King and Levine cited in Chakraborty 1). However, what –exactly- is the principle role of financial intermediaries? This is what this essay tries to answer. This essay aims at discussing the principle role of financial intermediaries (banks, investment companies, financial advisors or brokers, credit unions, mutual funds, and insurance companies). The best approach to achieve this goal is to search the literature to study what is written concerning financial intermediaries’ different roles and assess these roles to come up with the principle role of these institutions. However, first of all, it was necessary to study different definitions for financial intermediaries in case these definitions could give an idea about the principle role of them. For example, -according to Claus et al. financial intermediaries â€Å"‘channel funds’ from those who have savings to those who have more ‘productive’ uses for them† (2). Also, Jalan defined financial intermediaries as â€Å"institutions which ‘transfer funds’ from economic agent with surplus funds (surplus units) to economic agents (deficit units) that would like to utilize those funds. Then, Morawski provided a better definition to ‘Financial intermediaries’ term as institutions which provide â€Å"‘channeling’ or efficiently ‘transfer funds’ between lenders (surplus units) and (deficit units) borrowers that are brought together in order to achieve higher production and efficiency for the economy as a whole. † or in another word, as she mentioned institutions which â€Å"pool ‘resources’ from various small investors so that they can be able to later lend those ‘funds’† (2, 3) Then, it was clear that these definitions actually give the financial intermediaries’ principle role. However, to be sure that the principle role is what mentioned in definitions of the term, it was logical to move to other research findings that discussed basic or vital roles of financial intermediaries. Corrigan mentioned that the vital and indispensible role of financial intermediaries is in â€Å"helping societies ‘economies’ achieve a broad range of public policy goals, including, but not limited to- ‘mobilizing’ and ‘allocating savings’ in an effective and efficient manner† (10) According to Chakraborty, financial intermediaries â€Å"perform the roles of (a) resource mobilization and allocation, (b) risk diversification and (c) liquidity management to foster development of the real sector† (1) and that’s exactly what Morawski assure â€Å"The low transaction costs allow those institutions to offer liquidity services as it is simpler to sell financial instruments to raise cash and in the same time reduce the exposure to potential risks by sharing risks among various investors† (3) Diamond and Dybvig summarized these roles when they showed that financial intermediaries â€Å"can enhance risk sharing, which can be a precondition of liquidity, and can thus improve welfare† (cited in Claus et al. 2). And through these two financial services –provision of liquidity and risk sharing- they â€Å"reduce the costs of ‘moving funds’ and help in overcoming information asymmetry between borrowers and lenders, leading to more ‘efficient allocation of resources’ and faster economic growth† (Claus et al. , 2) Claus et al. mentioned two channels through which financial intermediaries â€Å"can have an effect on economic growth, capital accumulation and technological innovation†. (7-8) While â€Å"this ‘supply of funds’ provided by financial intermediaries –according to Goldsmith- through loans or through the purchase of securities is an essential if not the primary economic function of financial interm ediaries† (180) Finally, based on these definitions and research findings, the principle role of financial intermediaries is in achieving the efficiency and effectiveness in supplying funds to the market by mobilizing and allocating resources or funds -with (a) low transactions costs and (b) overcoming information asymmetry- between borrowers (surplus units) and lenders (deficit units) -through two main services, the (1) provision of liquidity and (2) risk sharing-; and as a result to this better utilization of these funds (more investments and higher production- leads to economic growth or welfare (through (1) capital accumulation, (2) improved or enhanced productivity, and (3) technological innovation).

Developing and Learning - Piagets and Vygotskys Theories Essay

Introduction. In this assignment the writer will compare and contrast the theories of Piaget and Vygotsky. To begin, the writer will discuss Piaget's theory of cognitive development, followed by Vygotsky's theory of cognitive development. The writer will then discuss any implications of Piaget's and Vygotsky's models for teaching and learning in the school years. In order to do this she will compare the two theories and look at any relevant evidence and research. After comparing both theories of cognitive development, the writer will do a brief summary of the two theories. Concluding her findings and how the two theories contrast each other. Piaget's Theory. Jean Piaget (1896 - 1980) looked at how children reason and think. He looked at whether children see and make sense of the world in the same way that adults do. Piaget's theory explores how children's thought processes change with development. Piaget's theory identifies four developmental stages which are sensori-motor stage, preoperational stage, concrete operations and formal operations (Smith, Cowie, Blades. 2011 P.392). He believed that children's thought processes develop as they progress through these developmental stages. During the first stage, sensori-motor, which occurs from birth to around two years, a child, just deals with what is presented to them. Everything revolves around any direct experiences. During this developmental stage, children learn the concept of object permanence (Smith, Cowie, Blades. 2011 P.395). This is where an object continues to exist even if it is out of the child?s sight. According to Piaget?s theory, it would seem that infants need to be aware of object permanence before language or symbolic communication is possible. Th... ...ories, as she feels it is important to her role as a teaching assistant and finds it interesting how individual?s learn in different ways. Works Cited Lefrancois, G.R. (2006). Theories of Human Learning. Belmont, CA: Thomson Higher Education. Peter K. Smith, Helen Cowie, Mark Blades. (2011) "Understanding Children's Development" Wiley-Blackwell; 5 edition. Raymond, E. (2000). Cognitive Characteristics. Learners with Mild Disabilities (pp. 169–201). Needham Heights, MA: Allyn & Bacon, A Pearson Education Company. Slavin, R.E. (2005). Educational psychology: theory and practice. Needham Heights, MA: Allyn and Bacon. Wood, K.C. (2008). Piaget's Stages. Department of Educational Psychology and Instrutional Technology, University of Georgia Web. 27 May 2015. http://projects.coe.uga.edu/eplt /index.php?title=Piaget%27s_Stages#Educational_Implications

Philosophy Plan Essay

Observing teachers is a great way to see the day to day operations of what goes into the setting of the class. Within the first few months of school, by then the students should have a good understanding of the expectations of the class. It is important to realize that the teacher trains the students what the rules and expectations are from day one in their classroom. These rules and expectations come from their classroom management plan. There are many reasons a child may misbehave. It could be special needs, lack of attention, or even circumstances at home. The fact of the matter is that they are allowed to. Sometimes it seems that as adults we tend to allow student to do as they want with the hope of the situation be handled by someone else. How a child behaves actually goes back on the parents and the raising of the child. Culture and family dynamics could also play a role as well. I know that some people may say that they do not want to become their own parents, but they have. Some raise their children to respect the rules and consequences of their actions, while others raise their children with no rules and consequences at all. â€Å"The methods and strategies an educator uses to maintain a classroom environment to be conducive to learning and success† is defined as classroom management. (Jones, 2000). In my personal beliefs I think that a plan needs to be consisted of rules and procedures, as well as expectations for the students when entering the classroom. In the event of visitors in the classroom these rules and expectations should be followed also. In the classroom management plan there needs to be consequences that ate clear, understood, and enforced effectively. To me teachers should spend more time spending on teaching the students rather than mismanaging them, so that they can effectively learn. It takes time to teacher students the information that they need to know for the school year and prior to the next year. Teachers only have 180 days to teach the required information to the students with the assurance that the get it. A classroom management plan affects everyone. It can change the way students walk into the classroom, how a teacher does their job and how visitors act when they come to visit. I have seen this happen in an Elementary school, I have observed it. One class was quietly walking down the hallway and another class was using outside, loud voices. It was interesting the reaction some students had to the differences within the two classes. My philosophy on classroom management came from my schooling and personal observations. I do not have a physical classroom yet, but have seen many different styles each teacher uses when in the classroom. The theoretical perspective that best describes my personal philosophy is the personal needs theory. Stanley Coopersmith discussed â€Å"that individuals need to experience a sense of significance, competence, and power† (Jones & Jones, 2010, p. 33). I believe that it is important that a student trust and builds a positive rapport or relationship with you. I believe that students, who trust and believe in their teacher, with this the student, may tend to work harder and it gives the student the belief that they can accomplish any task. When a level of trust and relationship is developed, it gives the students ownership or pride in their classroom. Any teacher has personal theories and needs in their class, it is important to build that trust or a classroom management plan could fall apart in no time at all. I believe that my personal philosophy will play a role in my actual plan, but I also need to realize that I may have to adjust it as I begin to teach. The adjustment may have to happen as I get a new set of students each year or even once I get certain students who may need me to adjust my plan. My philosophy is just a foundation to my ultimate plan for success with my students. Adjustments are a daily part of all teachers, even the best ones, as they go forward. All these adjustments are in the best interest on the students. My personal philosophy, I believe is an important one. I believe that students need to realize that everything is not always fair in life. I believe that students need to understand that actions in life also have rewards and consequences. I also believe that it is also important to teach students that everyone has the same opportunities and only we, as individually, can make the most of ourselves.

Organized Crime in the Windy City Essay

Known for its long period of criminal activity and rise to becoming one of the strongest crime entities, the Chicago Outfits are one of the most notorious and infamous organized groups that had ever hit Chicago. From the time it rose from Mike McDonald to the fall of Al Capone’s Chicago, this group has successfully continued to grow and rein the streets of Chicago. The structure of this group and criminal activities have made a dent if America’s society. According to Michael Maltz, â€Å"An organized crime is a crime in which there is more than one offender, and the offenders are and intend to remain associated with one another for the purpose of committing crimes. † (Abadinsky 2) and according to Donald Cressey it is â€Å"any crime committed by a person occupying, in an established division of labor†¦.. includes at least one position for a corrupter, one position for a corruptee, and one position for an enforcer. † (Abadinsky 2) and even the Federal organized Crime Control Act of 1970 attempts to define what is organized crime is. They broke it down into eight attributes that include and not limited to the following: no political goals, hierarchical, limited/exclusive membership, unique subculture, perpetuates itself, use of violence, monopolistic and governed by explicit rules and regulations. However the term is defined, all three prove that it is a group of more than one individual working together to commit a series of crime that is done in a matter that is planned out. The structure on organized crime in Chicago is based on the group called the ‘Chicago Outfits’ which are made up of ‘made’ members. According to Lindberg, â€Å"the term ‘made’ comes from La Cosa Nostra terminology and requires a blood ritual. This included Italian bloodlines, sponsorship and support of high-ranking members in a complicated process. † (Lindberg) And through this blood ritual, ‘made’ guys who are sponsored by current captains of La Cosa Nostra bring in the one being sponsored. The blood ritual that they mentioned is exactly what it means, a ritual that requires blood. â€Å"They prick your trigger finger and make it bleed, and then they put a little piece of paper; they set it on fire and you burn it in your hand, and you repeat after them that you will never betray La Cos Nostra, or you will burn like the paper is burning in your hand. Your life does not belong to you anymore; your life belongs to them. † (Abadinsky 86) Membership into the crime group is exclusive only to family members of the father’s side that can range from immediate members to distant members, but as long as they have blood ties to the boss, this secures the possibility of undercover agents infiltrating the family crime group. The ‘made’ guys hold senior advisory status while everyone else is a worker. Unlike the organized crime groups in New York, Chicago crime groups are more cooperative with other groups that are usually dominated by Italians. The structure of Chicago’s crime groups is based off of the Patron-Client network which â€Å"consists of a collection of connected points or junctures†. Bibliography Abadinsky, Howard. Organized Crime, St. John’s University, ninth edition Lindberg, Kirsten, Petrenko, Joseph, Gladden, Jerry, Johnson, Wayne A. Mar98, Traditional Organized Crime in Chicago. , International Review of Law, Computers & Technology, 13600869, Vol. 12, Issue 1.

Measures Of Emotional And Behavioral Functioning Resentation Coursework

Measures Of Emotional And Behavioral Functioning Resentation Coursework Measures Of Emotional And Behavioral Functioning Resentation – Coursework Example Running Head: EMOTION AND BEHAVIORAL FUNCTIONING Measures of Emotional and Behavioral Functioning.Name:Course:Institution:Measures of Emotional and Behavioral Functioning. Each person or generation has a specific and unique character. A person may be respectful, hots include The Rorschach inkblot that is very effective in treating distorted thinking illness and The Thematic Apperception Test (TAT).Measures of interest and attitudes are used to determine a person’s interests. Moreover, they inform the researcher about persons understanding, opinion and feeling attached to certain ideas, object or places (Hogan, 2007). However, personality tests are used to determine personality features and seek underlying causes of psychological issues. Moreover, the overall personality of a person is determined by attitudes and interest.In conclusion, an individual psychology can be inferred from a combination of measures of personality, attitudes, and interests. The measures have enabled the psychologists to understand individual’s perspective and their view on the world. It is worthy to note that the combination of personality, attitudes and interests will inform us about a person’s behavior. As seen above, the personality test gives variables that a person has less control over as compared to attitude tests.ReferencesAndrews, F. M., Robinson, J. P., & Wrightsman, L. S. (1991). Measures of personality and social psychological attitudes (Vol. 1). Gulf Professional Publishing.Hogan, T. P. (2007). Psychological testing: A practical introduction (2nd ed.). Hoboken, New Jersey: Wiley.Costa Jr, P. T., & McCrae, R. R. (1978). Objective personality assessment. Springer.Cattell, R. B. (1973). Personality and mood by questionnaire. Jossey-Bass.Graham, J. R. (1990). MMPI-2: Assessing personality and psychopathology. Oxford University Press New York.

Essay on Private Investigating Organization

Essay on Private Investigating Organization Essay on Private Investigating Organization Essay on Private Investigating OrganizationThis paper places emphasis on the role of effective management in criminal justice organizations. The organization under study is the Michigan Council of Private Investigators. This is a non-governmental criminal justice organization that is specialized on provide high quality private investigation services. This paper provides an overview of the organization, defines the structure of the organization, the type of management utilized and the ways used to maintain moral and motivation of personnel. The major goal of the Michigan Council of Private Investigators management team is to provide effective leadership in order to ensure professional private investigation services to clients in the state of Michigan. The organization has articulated the required values in the Code of Ethics, emphasizing the importance of ethical decision making and problem solving in the context of private investigation issues. In general, the Michigan Council of Pri vate Investigators is effectively managed as the members of the organization are well-motivated to perform their duties in a proper way.Introduction  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Criminal justice management deserves special attention as it provides an example of comprehensive management practices for many organizations. According to Richard R.E. Kania and Richards P. Davis (2011), â€Å"management is the art of overseeing, controlling and exercising authority over the workforce of an agency and the organizational activities needed to guide it to accomplish a purpose or function† (p. 1). The management of a criminal justice organization stands for the management of the leadership team, which consists of the chief executive of the organization, several department heads, mangers at middle levels, as well as the members of their supporting staff. Managing criminal justice organizations is not an easy task. Many criminal justice organizations have their individual ma nagement techniques. In general, there are governmental and non-governmental criminal justice organizations. Private investigating organizations are non-governmental organizations. Today the â€Å"growth of non-governmental justice-related services, agencies and alternative programs to support the traditional government justice organizations has expended the field considerably in recent years†(Kania Davis, 2011, p. 19). Many of these private criminal justice organizations have introduced new managerial and administrative challenges in the field of traditional justice administration, organization and management.   Private investigating organizations offer high quality investigating services, such as finding missing family members, collecting private information about individuals, their activities and behaviors, etc. According to researchers, â€Å"management of most of these private law enforcement organizations will follow business models because the organizations exist t o achieve a profit as well to provide public services†(Kania Davis, 2011, p. 22). The Michigan Council of Private Investigators is an effective private investigating organization that has developed and effectively performs the key management functions, such as planning organizing, leading and controlling.The major goal of this paper is to provide an overview of any criminal justice organization, paying due attention to the type of management utilized, the structure of the organization and the ways used to maintain moral and motivation of personnel. The Michigan Council of Private Investigators is one of the well-known private investigating organizations in the U.S. This organization has developed effective management to contribute to the growth of private investigation industry.The overview of the organization  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The Michigan Council of Private Investigators is a successful private investigating organization that is focused on providin g private investigation services and security services to its clients. Michigan Council of Private Investigators is located in Lansing, MI, the Downtown neighborhood. The full address is 235 N Pine St., Lansing, MI 48933 Phone: 517-482-0706 Fax: 517-372-1501 (Michigan Council of Professional Investigators. Official Website, 2014).  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The Michigan Council of Professional Investigators was established in1983. Since that time, the Michigan Council of Professional Investigators has been comprised of several corporations and individual private investigators â€Å"who care deeply about the private investigation industry and the public image presented† (Michigan Council of Professional Investigators, Membership, 2014).  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This private investigating organization is specialized in a wide range of services, includingArmored Transportation servicesAudio/Video Enhancement Authentication servicesAuto Reco very servicesCase ManagementComputer Forensics servicesForensic AccountingForensicsInformation ProviderLegal servicesInsurance-related servicesPrivate investigation training (The Michigan Council of Professional Investigators, Official Website, 2014).The Michigan Council of Professional Investigators is a group of professional private investigators that are assembled in order to improve education opportunities of each investigator’s education, provide the appropriate resources, organize effective network, and monitor legal issues that affect the field of private investigation (Michigan Council of Professional Investigators. Official Website, 2014).The structure of the organizationThe Michigan Council of Professional Investigators has a standard organizational structure. The Board Leader and Board Members are at the head of the organization. The President of the Michigan Council of Professional Investigators is Daryn Rollins P.E.M. The Vice President of the organization is Che ryl Gelnak. The secretary is Dan Klimek. The Sergeant at Arms is Steve Crane. The Board members include Linda Milam, Sonya Terburg and Peter Psarouthakis (The Michigan Council of Professional Investigators, Official Website, 2014).The mission of the Michigan Council of Professional InvestigatorsThe mission of the Michigan Council of Professional Investigators is to â€Å"secure a more professional relationship among licensed private investigators; encourage the elevation of an impeccable degree of standards so as to form an elite corps of investigators and promote and encourage the continuing training and education of its members in the many and diverse areas of the profession of private investigation† (Michigan Council of Professional Investigators, Membership, 2014). The organization is focused on monitoring the established legislative and regulatory activities at federal and state levels, which have an enormous impact on the private investigation industry in the U.S.The ty pe of management utilized in the organization  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The key feature of the private investigating organization is that the policies, services and initiatives developed by this organization are aimed at fulfilling the needs and requirements of the private individuals or companies employing them. According to Richard R.E. Kania and Richards P. Davis (2011), â€Å"because the laws of each state differ, some have powers equal to those of public law enforcement officers, while others have very limited law enforcement powers† (p. 22). The Michigan Council of Professional Investigators management is focused on the development and application of effective leadership skills, supervision practices, communication and analytic skills. The organization’s management team is focused on solving various management-related issues and effective methods, placing emphasis on the established ethical considerations, laws and regulation. There are four key functions performed by the organization’s management team: planning, organizing, leading and controlling. Management plays a crucial role in the organization, including informational and decisional roles.Essay on Private Investigating Organization part 2