- Assume you are Mr Ellery.
- structure and organization of the company
- role of the board and its composition and how it deals dealing with conflicts of interest
- role of the chairman and independent non-executive directors
- conduct of management and preparation of Board papers and minutes of meeting
- Role, type (eg. Audit /nomination /remuneration ) and charter of committees responsible to the Board
- Board or individual directors ability to seek external advice or approach or consult with employees
- accounting practices , internal control , and auditing practices
- role and independence of the external auditor
- information technology systems and their governance
- Achievement of key performance indicators
- ethical practices and corporate culture
- Reporting to regulatory authorities
- Future trends in corporate governance
Describe the basic internal control procedures Mr Ellery failed to implement?
What in your opinion was the critical time for him to demand further information before proceeding any further with his managing director’s demands?
Discuss the case study with your colleagues or work mates or fellow learners on the forums and listen to and report their reactions to Mr Ellery’s situation? Describe a range of views? What would you have done?
How should Mr Ellery have handled, reacted to and interacted with the dominating managing director? (the evidence answer you can provide –see attached relevant case resources provided through pdf file) .
Answer: (no more than five paragraphs)
Contravening civil obligations may result in being banned as a manager of a company for up to 10 years, a claim for personal damages and for serious contraventions a pecuniary penalty order of $200,000. A breach of a criminal offence may result in fines and/or up to five years in prison.
On the basis of the facts supplied, evaluate with written reasons whether or not Mr Ellery and the Managing Director breached their civil obligations pursuant to sections 180,181,182, and 183 and 344 (with reference to the Corporations Act) and/or any criminal offences under section 184 of Corporations Act 2001. Consider each person and each section separately.
*The relevant sections of the Corporations Act 2001 can be found on the Resources web site ( see attached resources ) any relevant case that can be accessed on http://www.austlii.edu.au/au/legis/cth/consol_act/toc-C.html
Consult with fellow learners, your employer and accountant or examine your corporate structure and describe and evaluate your understanding of the concept of corporate governance in three simple dot points.
Answer: (one paragraph)
Access the ASX Corporate Governance Council’s Corporate Governance Principles and Recommendation document by searching the internet. Send a copy of the link you used to access the ASX Corporate Governance Council’s Corporate Governance Principles and Recommendation.
Select and name a public company currently listed on the Australian Stock Exchange (not including ABC Learning Limited or James Hardie Limited).
Identify six (6) principles of the (Australian Stock Exchange) ASX Corporate Governance Council’s Corporate Governance Principles and Recommendations.
Research the company you selected and its annual report and highlight how the six Corporate Governance Council’s Principles and Recommendations you identified have been implemented in any five of the following items:
This task requires an integrated written response where the learner uses a broad range of knowledge and explains and analyses how the company they have selected applies these six principles to at least six of the above mentioned items. Some of the items are of course interrelated.
Word length no more than 750 words. Diagrams, charts etc, may be included but are not counted in the word length. Learner must acknowledge in the correct format the use of at least two sources of information other than the provided resources.