Tuesday, August 6, 2019

Drug Testing for Welfare Recipients Essay Example for Free

Drug Testing for Welfare Recipients Essay I think that this is an effective thesis statement because it clearly outlines my paper and it states what side of this discussion I have chosen to represent. It is stated clear, concise, and to the point. Because mandatory drug testing for welfare recipients is an issue that is not in full effect, it may be difficult to find opinions from â€Å"reliable† sources concerning such legislation. It may also be difficult to determine long term effects of such a program like cuts in spending and reductions in drug abuse. I will be researching government websites both nationally and locally. I would also like to contact local government representatives to perhaps get an opinion about the idea of said legislation. In addition, because this is such a new topic, there are many newspapers to research that will have the latest on states that want to begin developing the idea of mandatory drug testing. It will be difficult to avoid logical fallicies on this topic. Because I am coming down on one side of this discussion and want to persuade my audience, I will want to use comments and information from those that view it as I do. Using statistics that are deemed factual will help in showing that these are not just biased opinions from politicians that are simply looking for another vote. If I were to begin to persuade a city council meeting or write a letter to my local government representatives about the importance of mandatory drug testing for welfare recipients, I would begin by saying: Welfare is not an entitlement! It was never intended to be as such. When President Roosevelt enacted the Social Security Act in 1935, it was during the great depression, when 25% of Americans were unemployed. Since then welfare has generously extended its hand to millions of Americans (2012). When someone is benefitting from these programs, and is not deemed disabled, it should be viewed as a â€Å"hand up† not a â€Å"hand out†. It is an issue all over the country that welfare is being abused by its benefactors. Cards are being used for ATM withdrawals, to purchase liquor, buying cigarettes, and even gambling in casinos. Food stamps are being openly traded for drugs (Camden, 2011). Not to mention the deception that is occurring about how many dependents a recipient is responsible for. To be subjected to a simple urine test to receive money and benefits from the U. S, government is not too much to bear. It is no different than obliging to mandatory drug testing for a job. Florida state governor Rick Scott has stated that in his state alone they will save 9 million dollars a year because of benefits being cut due to mandatory drug testing. With these kinds of cuts in spending nationwide, it is sure to reduce government spending a great deal. Not to mention the effect it will have on drug abusers. Florida state governor Rick Scott has implemented drug counseling on a volunteer basis for those benefactors that test positive (Delaney, 2011). Cuts in spending, responsible distribution of benefits and reductions in drug abuse, this sounds like a win-win scenario for us all. References Author Unknown, (2012), The History of Welfare, Retrieved from: http://www. elfareinfo. org/history/ Delaney, A. , (2011, November 27). Rick Scott Backs Drug Tests for Welfare Beneficiaries, Public Worker, and Himself, Retrieved from: http://www. huffingtonpost. com/2011/09/27drug-testing-welfare-_n_983235-. html/ Camden, J. , (2011, February 04). The Spokesman-Review, Abuse of Welfare Electronic Benefits Transfer Cards Targeted, Retrieved from: http://www. spokesman. com/stories/2011/feb/04/abuse-of-welfare-electronic-benefits-transfer/

Monday, August 5, 2019

PESTEL Analysis of ADMAC

PESTEL Analysis of ADMAC A PESTEL analysis is a business measurement tool. PESTEL is a short form for Political, Economic, Social, Technological, Environment and Legislative factors, which are used to assess the market for a business or organisational unit. The PESTEL analysis is a useful tool for understanding the environmental influences in which organisation are operating, and the opportunities and threats that lie within it. By understanding the environment in which is operating can take advantage of the opportunities and minimise the threats. Specifically the PESTLE analysis is a useful tool for understanding risks associated with market growth or decline, and as such the position, potential and direction for a business or organisation. PESTLE analysis is in effect an audit of an organisations environmental influences with the purpose of using this information to guide strategic decision making. The assumption is that if the organisation is able to audit its current environment and assess potential changes, it will be better placed than its competitors to respond to changes. PESTLE analysis can be used for business and strategic planning, marketing planning, organisational change, business and product development and research reports. To be effective a PESTLE needs to be undertaken on a regular basis. Organisations that do analyses regularly and systematically often spot trends before others thus providing competitive advantage. The Purpose and Function of PESTEL Analysis The purpose of the PESTEL analysis to assess the industry which and company is in. The analysis is to help make decisions and to plan for future events which they operate in the organisation. In addition PESTEL analysis helps to understand the limited influence or impact and all factors that influence an organisation but are out of its direct control. An organisation on its own cannot affect these factors, nor can these factors directly affect the profitability of an organisation. But by understanding these environments, it is possible to take the advantage to maximise the opportunities and minimise the threats to the organisation. Businesses need to take a pro-active approach and be ahead of these changes, rather than hurriedly making alterations to products and processes in a reactive way. This can be achieved through a PESTEL analysis, i.e. an investigation of the Political, Economic, Social, Technological and Legal influences on a business. These forces are continually in a state of change. Political factors are how and to what degree a government intervenes in the economy. Political changes are closely tied up with legal changes and it continually being updated in a wide range of areas. Specifically, political factors include areas such as tax policy, environmental regulations, trade restrictions and reform, tariffs, and political stability. Political factors may also include Social and employment legislation and it will provide information about potential opportunities and threats around labour changes, for example skills shortages. Economic changes are closely related to social ones. The economy goes through a series of fluctuations associated with general booms and slumps in economic activity. In a boom nearly all businesses benefit and in a slump most lose out. Other economic changes that affect business include interest rate, exchange rates and the rate of inflation. In addition Stage of business cycle, Unemployment and labour supply, Labour costs likely changes in the economic environment. These factors have major impacts on how businesses operate and make decisions. Businesses will be more encouraged to expand and take risks when economic conditions are right. For example low interest rates and rising demand. Social factors include health consciousness and include the cultural aspects, career attitudes, population growth rate, age distribution and emphasis on safety. A major component of this is a change in consumer behaviour resulting from changes in fashions and styles. Trends in social factors affect the demand for an organisations products and how that organisation operates. Technological factors include technological aspects such as reduction in communications costs and increased remote working, automation and Impact of Internet. New technologies are continually being developed and the rate of change itself is increasing. The creation of databases and electronic communications have enabled vast quantities of information to be shared and quickly distributed in a modern company enabling vast cost reductions, and often improvements in service. They can determine barriers to entry, minimum efficient production level and influence outsourcing decisions. Furthermore, technological shifts can affect costs, quality, and lead to innovation. Environmental factors include ecological and environmental aspects such as weather, climate, and climate change, which may especially affect industries such as tourism, farming, and insurance. Furthermore, growing awareness of the potential impacts of climate change is affecting how companies operate and the products they offer, both creating new markets and diminishing or destroying existing ones. Legal factors include discrimination law, consumer law, antitrust law, labour law, and health and safety law. These factors can affect how a company operates, its costs, and the demand for its products. In addition this may impact access to materials, quotas, resources, taxation imports and exports etc. Discussion of most pressing issues of company currently facing on ADMAC is the well reputed Real Estate Management and construction company in UAE. Over the past 30years the company successfully completed number of real estate residential projects in UAE. Due to nature of the ADMAC with particular reference to how it has running itself and the current economic climate the assessment of external factors by a PESTEL analysis has been crucial in ADMAC success. This is becourse ADMAC has taken into account the implication for consumers, employees, associated organisation and the company mission statement. Each external factor would have been and continues to be examined and categorised in terms of whether its implication is negative or positive large or minor significance, continues impact so on. Whether the scanning of ADMAC, economy downturn in UAE is most pressing issue of the company has faced. Following discussion is to explain how it impacts the company. Past recent years there was economy boom at UAE, more development projects, infrastructure projects and real estate project was started and huge amount of money was invested. The sharp increase in construction, along with other key factors, has meant the industry was seeing a lack of skilled and unskilled construction staff. The demand for certain categories of employees and skill is also influenced by changes in social structure in an economy. Firms employing in construction have greatly enhanced the worth of technicians, surveyors and engineers during the last couple of years. In that time the firms are offer generally high salaries and wages due to competition of workforce of industry. The boom of economy now over, while the present it going to down little by little, therefore the climate of economic and labour market in UAE is low. Companies operating in fields like ADMAC have compelled to reduce their workforce due to high competition and short of new real estate construction projects. ADMAC have maintained excess workforce up to now but still excess labour turnover creates unnecessary expense and reduces efficiency to the firms. In some situations even after implementing some of the cost saving initiatives, redundancies can still become inevitable and this can pose significant challenges for an employer as many complex issues need to be address including legal, compensation, natural turnover of workers of the company and future economic changes of the region. Most property markets are certainly influenced by the forces of supply and demand. In the economy boom time thousands of new residents and workers are arriving in UAE causing demand for property to increase. In that time, many firms like ADMAC were having more than enough real estate construction projects. Unfortunately economy is now downturn, therefore many residential properties are not rented out or relinquish. The result of that is either ADMAC or other firms in the field are unable to get value for money from the residential properties where they were invested. On present economy climate of UAE, the investors are not investing a new residential project. Therefore competition between contractors are high due shortage of residential project. As a result ADMAC used to reduce their profit and risk markups to win the new contracts. In this reason the company profitability is squeezed or some financial losses due to unexpected risk in the construction. The above impacts are currently most pressing issue of ADMAC and those are occurring company financially unstable. 4.1.0 Example of PESTEL. POLITICAL The UAE Government has established a Federal Real Estate Regulatory Authority in order to co-ordinate regulatory efforts at the local and federal level. [source: EstateDubai.com] The main concern of the authority is about foreign property developers, who wholly finance their projects from local banks, without sufficient capital. Some foreign developers even depend on the local banks for complete funding, putting the lenders at risk of losing their finances, when the developer fails to complete their projects, or flee the country, leaving behind a huge debt. The government intention a regulation is to limit the finance being made available to foreign developers, who do not have a stake in the capital of their projects. So that regulation is help to keep real estate sector safe during the recession time. Over the last few years the UAEs real estate property market seen remarkable growth. The local burgeoning real estate property industry is anchoring the UAE governments economic diversification efforts. Favourable government policy frameworks and active participation of private sector have facilitated one of the worlds most desirable economy environments in terms of investments and revenue generation. Further, population growth, rapidly increasing economy, progressing service sector and promising travel and tourism sectors, rising purchasing power and strong consumer confidence are driving the industry. The modern shopping malls anchoring modern hypermarkets, highly developed free trade zones, shopping events and relaxed tax provision provide auxiliary growth thrust to the real estate sector. ECONOMY Economic conditions are influenced by political and government policy, being a major influence affecting government decisions. The UAEs central bank was keeping interest rates low to encourage economy growth in the country during the recession time. [www.arabianbusiness.com]. Interest rates play an important role in real estate activity. High interest rates tend to freeze the real estate market. If the interest rates are low, housing is more affordable and also is encourage homeowners to upgrade their houses. This will increase the demand of Real Estate market. In other hand interest rates affect the cost of capital and therefore to what extent a business grows and expands, it will be attractive for company to invest and grow with expectations of being profitable. Oil Company in UAE has decided to increase petrol prices by 11% which is highest percentage of gulf region.[source: Khaleej Times]. This price hike of the construction materials is attributed to the increase in fuel prices as they have directly impacted the construction and transportation costs, thus having a multiplied effects and a significant decrease in profit margins of the company. SOCIAL The UAE is very receptive to inflows of educated skilled people. The expatriate community is one of the largest in the world. However, for the most part the process for obtaining a visa is very simple and most applications are accepted. In this reason, UAE construction and real estate sector not expecting shortage of skilled workforce in the country near future. The UAE is a traditional Muslim country where the teaching of Islam plays a vital role in every aspect of life. From politics to education, from business to foreign relations, people look to Islam for direction. Thus the women have many more restriction as per their traditional teaching. Although, the society is slowly accepting women in the workplace. According to recent reports, now more than ever women are entering the workforce and even starting their own businesses, which is a significant improvement considering the restrictions women face. For the construction sector, women of the UAE and their continuing advancement mean a potential market with wide possibilities. TECHNOLOGY Technology is widely recognised by on strategic management as part of the organization and the industry part of the model as it is used for the creation of competitive advantage. Today, this means using computers wherever possible is to be easy organisation work process. Keep detailed record that can be accessed immediately, make financial transaction faster. Maintain the necessary level of stock factories or retail outlets or speed up communication via the Internet and emails. The effectiveness of companys advertising, marketing and promotional programs. The new technology of internet and television which use special effects for advertising through media. They make some products look attractive. ENVIRONMENT UAE new infrastructure facilitate plan including high speed metro projects and road project interconnecting with seven emirates will foster higher development and maturity in the real estate market. The prices of properties located close to metro stations and bus stations are already beginning to rise, marking the first signs of a transportation plan effect on the property market. The trend implies that with just three months left for the opening of Metros Red Line, home buyers are already beginning to take into consideration the ease of transport when choosing their home. This is a positive sign for real estate market, which has had a difficult year with the prices of flats and villas. One of the main reasons UAE is gaining popularity and attracting investors and visitors is the attractions it has to offer. Here the sun shines all around the year and the city offers a taste of exotic and exiting pleasures to all its visitors, irrespective of their age. All the modern facilities and infrastructure of the west combined with eastern hospitality and local customs make one feel like home in UAE. This has led to many people migrating here for work and living in the mild weathered heaven. This increased the demand for real estate and property and renowned developers and builders stepped in to adorn UAE with the worlds most exciting towers, shopping plazas, residential duplexes and business complexes. [source :BuyDubaiproperty] LEGAL Legislations pertaining to issuance of permanent resident status for foreigners purchasing a freehold property in select housing projects will further strengthen the real estate market in UAE. Recently, UAE government reviewing their property market regulation to assess the impact of the global financial crisis on current economy climate in the country, which has been hit due to an outflow of capital. According to the Gulf news The UAE federal government is reviewing the issue of freehold property visas linked to foreigners ownership of properties in different emirates. It is positive news and will bring a lot of faith and confidence in the market and freehold visas is to attract foreign investors to real estate sector in UAE. Mortgage Law No 14 for 2008, legalizing the housing finance sector in a 35-article law includes all procedures concerning a mortgage and its legal effects on the concerned bodies, as well as execution procedures on the mortgaged property, and the relations between the mortgage lender and borrower based on international best practices. The law will help better regulate the emirates growing real estate market, partly tainted by project delays and corruption probes. The law stipulates that mortgage contracts be registered with the Land Department, specifying the size of the loan, the repayment period and the value of the property. The law makes all mortgage deals that are not registered with the Land Department null and void, allowing the department to better regulate property and mortgage transactions. The law also requires that mortgages taken out on properties be sold by registered financial institutions, and be insured. It also regulates relations between both parties involved in the mortgage process, and the Land Department, which is responsible for implementing the law and ensuring the rights of both parties. Under the law, mortgage lender shall be a bank, financial institution or a finance company licensed by the UAE Central Bank to practice the activity of property finance. The law will definitely boost investor confidence in the real estate market of Dubai and expand the housing finance sector. 6.0.0 Conclusion Business planning at planned levels is a continuing process by which the long-term objectives of a company may be formulated, and subsequently attained, by means of long-terms planning actions designed to make their impact on the company as a whole. Corporate planning also involves deciding the policies of the company in pursuit of its objectives. Thus business aims and ethical considerations are brought together. PESTEL analysis looks at the external environment influence and is an appropriate strategic tool for understanding the environment in which business operates, enabling the company to take advantage of the opportunities and minimise the threats faced by their business activities. When strategic planning is done correctly, it provides a solid plan for a company to grow into the future. With a PESTEL analysis, the company can see a future of time, and be able to clarify strategic opportunities and threats that the organisation faces. By looking to the external environment to see the potential forces of change looming on the future, firms can take the strategic planning process out of the field of today and into the future.

Sunday, August 4, 2019

Philosophy Of Quality :: essays research papers

In respect to quality of materials, there are three well known philosophers whom are most referenced: W. Edwards Deming, Philip B. Crosby, and Joseph M. Juran. Throughout the twentieth century, these three men have continuously integrated new systems for improvement in the quality system. The first and probably most well known of these philosophers is W. Edwards Deming. Deming first came into the public eye when he was credited with assisting the Japanese after World War II and helping to elevate the Japanese industry into the forefront of world industry. Deming stresses that the most important part of quality is the role of management. Deming also emphasizes on achieving long term goals through cultural transformation rather then short term needs. Deming’s findings can be viewed best through his “System of Profound Knowledge,'; and his “14 Points of Management.'; While Deming was continually expanding his research, Philip B. Crosby entered the forefront of quality in the 1970’s. Crosby has been a consulter as well as a trainer for many leaders in the manufacturing industries. Like Deming, Crosby also has a “14-Step Pan for Quality Improvement.'; Crosby’s main focus is first evaluate the quality system and make improvements on the current system. Another of Crosby’s main concerns is defects. Crosby emphasizes that the performance standard should be “zero defects.'; The most recent of the philosophers is Joseph M. Juran. In the late 1980’s Juran founded an institute to consult and train management in quality. In addition to Deming, Juran also visited Japan to assist their industry at the end of World War II. Juran’s most famous theory of quality is his “quality trilogy,'; which focuses on planning, control and improvement of the quality system. Although Deming, Crosby, and Juran have never collaborated on their work, many similarities are apart in their beliefs. For example, all three men stress the importance of the management system. Also, they have created step-by-step processes by which industries should follow in order to prove the quality of their products. Another important point which is shared by all three men is that quality should be viewed as an entity. Regardless to the fact that all three have based their lives on the ambitious goal of developing a system to improve quality, there are several key differences exist amidst these three quality experts. First and foremost is their definition of quality. Deming uses statistical predictions, basing his entire view of quality on the quality of the process, not the product whereas Crosby and Juran focus more on the customer.

Kimberley Jayne Fletcher :: English Literature

Kimberley Jayne Fletcher The links and connections between ‘Flight’-by Doris Lessing, ‘Your Shoes’-by Michele Roberts, ‘Chemistry’-by Graham Swift, ‘Superman and Paula Browns new snowsuit’-by Sylvia Plath, and ‘growing up’-by Joyce Carey. The main theme in all the pieces of prose is ‘family’. In ‘Flight’ the granddad and granddaughter growing up and having to let go because the granddaughter is getting married, and it’s hard for family to let people you love go. In ‘Your Shoes’ the mum is upset about her child running away and is telling the audience/reader how she is feeling and how certain she will come back because she hasn’t got her new shoes she bought her. In ‘Chemistry’ the relationships betweens the granddad, mum, son and new boyfriend and how their lives change when their close family die. In ‘Superman and Paula Browns new snowsuit’ the boys family and friends not believing him that he didn’t push Paula brown in oil slick and ruining her new snowsuit. In ‘Growing up’ the dad is too tied up with his work during the week and one weekend he decides to spend time with his two daughters and he realises how much they have grown up. Both ‘Chemistry’ and ‘Flight’ the children feel betrayed by their granddad. The boy in ‘Chemistry’ feels betrayed by his whole family but his granddad the most because he has just committed suicide to get away from his daughter who has changed because of her new boyfriend and the boy think that his granddad is the only one who understands him and now that he's gone he has no one like his granddad. The girl in ‘Flight’ is feeling betrayed by her granddad because she knows how much he loves his birds and he also loved her as much as his birds. So when he let go of his birds it was symbolical of him letting go of her, so she can have freedom in her life and not have him interfering in her life. But the irony is that she wants him in her life. All of the stories portray betrayed but by different people, ‘Flight’ and ‘Chemistry’ the boy and girl betrayed by their granddad. ‘Your Shoes’ the mother is betrayed by her daughter. In ‘Your Shoes’ the mother is talking about what her daughter is like and how she feels betrayed by her because her daughter had always liked her grandmother more than her and she had always hated her mother because of the way she treated her when she was young. ‘Superman and Paula Browns new snowsuit’ the child is betrayed by their family and friends. In ‘Superman and Paula Browns new snowsuit’ the writer doesn’t tell us

Saturday, August 3, 2019

Causes Of Civil War :: essays research papers

Causes Of Civil War As members of the Futurist of America Association, we have been assigned to look specifically at the cause of the American Civil #War. There are five aspects that could of led to the Civil War and they are Westward Movement, Social Change, Froeign Policy Development, Government/Politics Development, and Economic Development. Out of the five aspects, Economic Development is the best reason for the eventual Civil War. First, Westward Movement could of led to American Civil War because of the Louisiana Purchase, Wilmont Proviso, Kansas-Nebraska Act, Popular Sovereignity, Compromise of 1850, Missouri Compromise, "Bleeding Kansas",   California Gold Rush, Manifest Destiny, and the Mistreatment of Native Americans. The Louisiana Purchase was done by President Jefferson because he wanted to doubled the size of the United States and to get control of   New Orleans. Wilmont Proviso was to ban slaves from territories that might gbe aquired from Mexico. Kansas- Nebraska Act was the result of Douglas wanting to build railroads from Chicago to San Franciso. Douglas was a big believer in popular sovereignity, where the people have the right to decide if they want to be free of slave state, and he completely ignore the Missoure Compromise. The Compromise of 1850 stated that should be equal number of free and slave states. The Missouri Compromise said that any state above the latitude of 36 30' can not be a slave state. "Bleeding Kansas" was where people were fighting over the issue of slavery and cost many American Lives. The California Gold Rust occurred when gold was discovered in California and people rushed out to California.When California apply for statehood, it cause huge problems because North and the South wanted control of the gold in the state. Manifest Destiny was where Americans believe that they had the right to expand westward. The Treatment of Native Americans was hoorible because Americans believe they were superior to the Native Americans. All these issues seperated the North form the South because each side a different view on each issue. Westward Movement could of led to the Civil War, but did not because of Henry Clay. When the Westward Movemet occurred new states started to enter the union. This is where the promblems begins. Missouri was the first state, other than Louisiana, to enter the union from the Louisiana Purchase and will give impications on the status of slavery west of the Mississippi. If   Missouri enter the union as a free state, then the North will get control of the House of Representatives because they would have more representatives. If Missouri enter the union as slave, the South will get control over the House.

Friday, August 2, 2019

Increased Competition and Pricepressures in Supply Chain

CD5590 Professional Ethics in Science and Engineering Presentation: Ethics in Supply Chain Management (SCM) Abedullah Zaman Professional Ethics in Supply Chain Management Supply Chain Management Definition: The network of retailers, distributors, transporters, storage facilities and suppliers that participate in the sale, delivery and production of a particular product. In the simplest terms, Supply Chain Management (SCM) lets an organization get the right goods and services to the place they're needed at the right time, in the proper quantity and at an acceptable cost.Efficiently managing this process involves overseeing relationships with suppliers and customers, controlling inventory, forecasting demand and getting constant feedback on what's happening at every link in the chain. Professional Ethics in Supply Chain Management Roots of Ethics Professional ethics is about managing relations which is a crucial part in SCM. Successful companies use supply chains not only to reduce cos t and complement the product but also to nurture long-term valuedadded relationships.Professional Ethics in Supply Chain Management Why society is concerned about ethics within SCM? Environmental Effects Treatment plants for water, treatment of solid waste, gases Health and Safety In Food Industry- uses of pesticides, hormone-treatment of animals Consumer Rights Legislations about right to safety, right to choose, right to be heard. Professional Ethics in Supply Chain Management Ethical Model/Process Economic responsibilities: Supply Products and Services. Legal Responsibilities: Ethical Responsibilities: Obey Laws.Conduct business in a way that is morally consistent with the beliefs of society Professional Ethics in Supply Chain Management Reasons for Increasing Concern about Ethics in Supply Chains The pressure is coming from various sources. A wide range of stakeholders are interested in the social, ethical and environmental performance of the retail industry’s supply chai n. General Public Growing people's awareness of these issues and increasing expectations of companies' responsibilities.Investors and rating agencies It is also coming from investors as socially responsible investment becomes more mainstream. Managing supply chain issues is seen as one indicator of how well a company is run. Professional Ethics in Supply Chain Management Media The media are also becoming more interested in stories about malpractice, as are campaigning groups as they target new sectors and become more skilled at harnessing public opinion. Consumers More educated and discerning consumers.Government and NGOs Public exposure of poor labour standards in some factories and other establishments, often located in developing countries, can inadvertently undermine progress on establishing ethical trade and good labour practices. Professional Ethics in Supply Chain Management Examples Marks & Spencer Ethical concerns about child labour, prison labour, discrimination and terms and condition of work environment. M&S Ethical Global Sourcing Strategy: Global Sourcing Principles Partnership with Suppliers Social Audit and Verification Continual Improvements and SanctionsProfessional Ethics in Supply Chain Management Nike Labour involved in production of footballs. Code of Conduct- Improve working conditions in factories. Forced labor, Child Labor, Compensation, Benefits, Hours of work, Safety and health, Documentations and inspection. Reebok Sourcing Procedure- Supplier list based on â€Å"Fair Factories Clearing House† evaluation. Zero Tolerance Strategy GAP Apparel Outsourcing- Social Responsibility Professional Ethics in Supply Chain Management Addressing Ethical Issues in Supply ChainRole of Certifications Example: World Responsible Apparel Production (WRAP) WRAP is an independent, non-profit organization dedicated to the certification of lawful, humane and ethical manufacturing throughout the world. Other Regulations International Labour Organisat ion (ILO) Conventions United Nations (UN) Universal Declaration of Human Rights. Recent issues with SCM Research Trust in Supply Chains Ethical Supply Chain Ethical supply chain should communicate ethical behaviours and fair treatment to all its stake holders. Supply chains must satisfy societal expectationsProfessional Ethics in Supply Chain Management Discussions Child work can be seen as important in developing responsibility and independence as well as contributing to household economy. Should the societies be let isolated by not giving orders to already poor communities? Engagement or Disengagement strategy? Professional Ethics in Supply Chain Management Five Myths about Business Ethics 1. 2. 3. 4. 5. Ethics is personal Business and ethics don? t mix Business ethics is relative Good business means good ethics Information is neutral and amoral

Thursday, August 1, 2019

Difference between public limited company and private limited company Essay

Executive Summary Ted’s Corporate Services is the business run by Ted. He is a sole trader. He wants to convert his business from sole trader to company to take the benefit of limited liability and other benefits as well. He wants advice for forming a company which is the most appropriate for him. Proprietary company unlimited by shares capital, public company unlimited by shares capital, public company limited by guarantee and public company with no liability are the companies which are not appropriate for Ted. As, the companies have unlimited liabilities which Ted do not want to establish and also no liability company is done for mining purpose only. Whereby, proprietary company limited by shares and public company limited by shares are the companies which can be set up by Ted. If company can easily get large capital, have good ability to borrow money from public, possibly list on stock exchange then Ted can form the public company limited by shares. Whereas, small business like Ted are unlik ely to meet these abilities and want to convert to company. So, the most appropriate type of company Ted could form is proprietary company limited by shares. This can also be converted to public company limited by shares in the future if Ted wants to expand his company. 1. Introduction Company is defined as a legal entity which is allowed by legislation and permits a group of people to apply to the government for an independent organization as shareholders who can then target on pursuing objectives, and empowered with legal rights (Modern Company Law 1997). Advantages of company are it is a separate legal entity; it can sue and can be sued by others, protection of assets and so on whereas complex legal formalities, more paperwork, costly to run and establish are some of the disadvantages of company (The Advice Spot 2010). The purpose of writing this report is to advice Ted about forming the company. Also, advising him about the most appropriate type of company which he can form. 2. Process of registering a company Certain requirements should be followed to register a company. First of all, a person must lodge an application with Australian Securities and Investment Commission (ASIC) using the prescribed form: s117 Corporation Act (CA) 2001. Section 117(2) (CA) states that the application must state specified information such as the type of company, the company’s name, names and addresses of persons consenting to be members, the address of the company and so on. (Lipton, Herzberg 2001) If the company wants to follow its own time table then it should also be mentioned by the public company in the application. The number of shares, class of shares, amount the member is ready to pay, and amount paid fully or partly should all be mentioned by the company limited by shares or unlimited company on the application. Also, if the public company wants to have a constitution on the registration, then a copy of the constitution must be lodged but it’s compulsory for the public company with no liability. The application must be in the advised form. Also, the company must have the consents and agreements. (Lipton, Herzberg 2001) After, the requirements are done successfully, ASIC will issue a certificate of registration and an Australian company number and it also will have the power according to S124 (1) (CA). S119 (CA) states that company comes into existence on the day it is registered with the specific name in its certificate of registration (Lipton, Herzberg 2001). This means that the company is a separate legal entity now. It is separate from people who run and manage the company. 3. Could Ted perform the process of registering the company? Anyone who is above 18 years old can form the company. Additionally, the person should not have any cases of bankrupts and also any offences related to misconduct or fraudulent activities relating to company. (Finance 2007) This shows that Ted can perform the process of registering the company. Also, it’s better for Ted to consult a lawyer if he has committed a breach of corporate law before setting up the company, for instance, as a director. 4. Advantages and Disadvantages of each type of company. The company is divided into two parts, i.e. Proprietary company and Public company which is discussed below. 4.1 Proprietary Company Proprietary company is a company where the fund is raised by issuing shares to known people such as friends, employees and relatives. In this type of company, there should be at least one director who is resident of Australia, not more than 50 non-employees shareholders and minimum 1 member: s114 (CA). Also, S148 (CA) states that company should have the abbreviation of either â€Å"Proprietary â€Å"or â€Å"Pty† to be recognized as proprietary company. (Lipton, Herzberg, Welsh 2000) Proprietary company is divided into two parts which have been discussed below with its advantages and disadvantages. 4.1.1 Company limited by shares A company limited by shares is a type of proprietary company where shareholder only pays amount unpaid on shares when company makes a call, i.e. they have fully and partly paid shareholders. Advantage of this company is that the shareholders are provided more protection when the case of liability rises. Whereas, more paper work, complex legal formalities, high cost to establish are some of its disadvantages. (Finance 2007) 4.1.2 Company unlimited by shares capital A company unlimited by share capital is the company where the shareholders are fully responsible for all the debts of the company. Advantage of this company is that it has separate legal entity, can sue and be sued and so on whereas unlimited liability is the major disadvantage. (Lipton, Herzberg, Welsh 2010) 4.2 Public Company Public company is the company where the fund is raised by issuing shares to general public by using disclosure document prospectus. In this type of company, there should be at least 3 directors where minimum 2 should be the resident of Australia and also can have infinite number of shareholders and members. Also, S148 (5) (CA) states that public company has no distinguishing name. (Lipton, Herzberg 2000) Public company is divided into four parts which have been discussed below with its advantages and disadvantages. 4.2.1 Company limited by shares Section 9 (CA) states that a company limited by shares is the company where shareholder only pays the amount unpaid on shares when company makes a call. There are two types of members who have paid the amount of shares either partly or fully. Under s515 (CA) a member is liable to contribute to the company’s debts and liabilities and the costs, charges and expenses of the winding up. Advantage of company limited by shares is that the creditor does not need to sell the personal property to pay the debt of the company. Whereas, the disadvantage is that it has more legal formalities, more paper work and so on similar to other companies. (Lipton, Herzberg 2001) 4.2.2 Company unlimited by shares capital Company unlimited by shares capital is the type of the company where the shareholders are fully responsible to pay for all debts of company. Recognition as a separate legal entity, large capital, highly professional persons engaged in the company is some of the benefits of company unlimited by shares capital whereas unlimited liability is one of the major disadvantages. (Redmond 2000) 4.2.3 Company limited by guarantee A company limited by guarantee is a company whose members have their liability limited to the amounts that they have undertaken to contribute to the property of the company in the event of it being wound up. Guarantee companies retain the advantages of being legal entities with the liability of the members limited to the amount of guarantee. Also under section 115 (CA), only a company limited by guarantee may obtain a licence to dispense with the word â€Å"Limited† at the end of its name. Whereas, the drawback of this type of companies is that it does not raise initial or working capital from its members. (Redmond 2000) 4.2.4 No liability Company A no liability company is a company where shareholders are not bound to pay the amount owed to company when company makes a call. Advantage of being this company is that there will be no liability for the shareholders, whereas the drawback of this company is that only mining can be done if no liability company is formed. (Redmond 2000) 5. What might be the most appropriate company to form, and can this be changed at a later point of time? 5.1 Most appropriate type of company. 5.1.1 Proprietary Company limited by shares This company is one of the appropriate companies for Ted. The shareholders are only liable to pay the debt of the company when company makes a call and also shareholders are more protected. Also, proprietary company limited by shares is good for the small family business (Finance 2007). 5.1.2 Proprietary Company unlimited with share capital Proprietary company unlimited with share capital is not appropriate company for Ted. As, in this company shareholders are fully responsible to pay the debt. Whereby, Ted wanted to convert to company because of limited liability. 5.1.3 Public Company limited by shares It is one of the companies which attract more number of shareholders. For Ted’s business activity, company limited by shares is also one of the appropriate companies as the shareholders will only be liable to pay for the amount unpaid on shares when the company makes a call. 5.1.4 Public Company unlimited by shares capital Ted wants to convert his sole trader business to company because of the limited liability. But company unlimited by shares capital has unlimited liabilities. Also, these sorts of company are established by professionals. So, it does not suit for the Ted’s business. 5.1.5 Public Company limited by guarantee A company limited by guarantee is convenient for clubs, charities and other non-trading companies whose capital is raised by members’ fees, donations, subscriptions and social activities (Lipton, Herzberg, Welsh 2010). Whereas, Ted Company is a trading companies and profit oriented, which means choosing company limited by guarantee is the wrong decision to be taken. 5.1.6 Public Company with no liability Section112 (3) (CA) states that a no liability company is prohibited from  engaging in activities that are outside its mining purposes objectives (Lipton, Herzberg, Welsh 2010). This reflects that no liability company is not appropriate type of company to be formed by Ted. 5.2 Can certain company be changed at a later point of time? Proprietary company limited by shares and Public Company limited by shares are both appropriate for the Ted’s business. In Future, if Ted wants to convert from proprietary to public or either from public to proprietary, he can convert it. 5.2.1 Proprietary to Public Company Corporation act allows proprietary company limited by shares to convert to public company limited by shares by passing a special resolution to this effect and by lodging an application with ASIC: s162 (CA) and s163 (CA). Also, the company should omit the word â€Å"Proprietary† from the company. Then the company is issued with an amended certificate of registration and becomes a public company. Under s165(CA), if the company has contravened s113 (CA), then ASIC may direct a proprietary company to change to public company. (Lipton, Herzberg, Welsh 2010) 5.2.2 Public to Proprietary Company Corporation act allows public company to convert to proprietary company by passing a special resolution to this effect and by lodging an application with ASIC: s162 (CA) and s163 (CA). The special resolution must alter the company name by including â€Å"Proprietary† or â€Å"Pty†. Also, S113 (CA) states that the proprietary companies to have share capital and a maximum number of 50 shareholder members. (Lipton, Herzberg, Welsh 2010) 6. On-going requirements If Ted were to set up a proprietary or public company, several more steps would have to be taken from the time the company is officially registered. Firstly, under s286 (CA), a detailed financial record should be kept by Ted. Also, these records should be available for the next seven years. A minute book must be there under section 251A (CA). Whereby, the minute book consists of the records and resolution of meetings which should be signed by  the director and chairperson of the company. Also, minute should include declaration form which is optional for proprietary and compulsory for public company. Additionally, under s168 (CA) register have to be maintained for members, option holders and debenture holders. As, Ted wants to increase his capital, he should give notice to ASIC of the shares he wants to issue, amounts paid and unpaid on the shares. Likewise, within two months, Ted need to issue share certificates to the holders. Appointing a public tax officer and an appropriate ins urance would be advised for Ted. (Lipton, Herzberg, Welsh 2010) 7. Liable for the actions After setting up the company, the shareholders, members are not liable for the actions undertaken by the company. The precedent case Salomon v Salomon & Co Ltd (1897) Ac 22, the court decided that Salomon was not held liable because the company and he himself are two different business entity doing business together. However, the court will lift the veil of incorporation if the company is used to perpetuate a fraud, if company is used to avoid an existing legal obligation, situation of agency and so on. Whereby, veil of incorporation is defined as barrier which separates the company on one hand and the members, promoters and controllers on the other. (Lipton, Herzberg, Welsh 2000) In the case Re Darby (1911) 1 KB 95, the court decided that Darby was liable for his actions and so the court lifted the veil of incorporation. Also, in the case Gilford Motors Co Ltd v Home (1933) Ch 935, the court held that the Gilford was liable as the company was created for fraudulent purposes. (Lipton, Herzberg, Welsh 2000) Under the case Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd (1964) 2 QB 480, the court decided that there must be a representation that the agent has the authority, the 3rd party must be well known that the contract is done on good faith and the contract must have power under memo & articles to make contract. Or else, the person will be fully liable for his/ her activities. (Commonwealth Consolidated Act 2001) 8. Restrictions on the sale of shares Usually shares are easily transferable. Shareholders have right to buy and sell the shares. However, the company also can restrict the shareholders to  transfer the shares. S1072 G (CA) states that the director of proprietary companies have right to refuse to transfer shares. Also, S1072 F (CA) states that the public company have limited right to restrict transfer of share. (Commonwealth Consolidated Acts 2001) This shows that Ted can restrict on the sale of shares by following the S1072 G (CA) or S1072 F (CA). He might do this to be the majority shareholder of the company. He can maintain the less chances of takeover by the third party. Also, if he restricts the transfer of shares then the business would remain in the family’s hand only. 9. Recommendation and Conclusion Type of business run, individual circumstances, the level of control and financial situation are the things which should be considered before choosing which type of company to set up. For example, if the company can easily get a large capital, have easy transfer of share ownership, have good ability to borrow money from public and possibly list on the stock exchange, then choosing public company with limited shares won’t be the wrong decision for Ted. (Finance 2007) However, many small businesses like Ted’s are unlikely to require these abilities and are more willing to set up a company structure for family tax planning. Likewise, company also provides more benefits than sole trader, i.e. limited liability, recognition, enough flexibility and so on. This shows that the appropriate form of company would be proprietary company limited by shares for Ted. To conclude, a proprietary limited company is the most common type of company set up by small businesses. So, Ted can ch oose proprietary company with limited shares. Also, in future if he wants to expand his business, he can go through some legal formalities and can convert to public company limited by shares. List of References Adams, M, 2002, Essential Corporate Law, 1st edn, London Commonwealth Consolidated Act, 2001, Corporation Act 2001, viewed 30 April 2012, Davies, P 1997, Gower’s Principles of Modern Company Law, 6th edn, London Finance, 2007, Proprietary limited company, viewed 30 April 2012, Lipton, P, Herzberg, A, 2000, Understanding Company Law, 10th edn, Sydney, New South Wales Lipton, P, Herzberg, A, 2001, Understanding Company Law, 9th edn, Sydney, New South Wales Lipton, P, Herzberg, A, Welsh, M, 2010, Understanding Company Law, 15th edn, Sydney, New South Wales