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    perfectask's Avatar
    perfectask Posts: 1, Reputation: 1
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    #1

    May 25, 2009, 07:45 PM
    Compensation for non executive directors
    In April 2006, Earl became the managing director of a newly registered
    Company, Go-Carts Limited (Go-Carts). Go-Carts at that time controlled a chain
    Of successful go-karting venues and was in a strong financial position.
    In December 2007, a liquidator was appointed to Go-Carts. An investigation of
    The affairs of Go-Carts by the liquidator disclosed a probable shortage of funds
    Of over $3 million.
    Although there had been a steady increase in Go-Carts’ sales of tickets into the
    Go-karting venues from 2006 to 2007 (resulting in substantial trading profits),
    The liquidator reported the following:
    (a) the purchase of a $4 million estate in France with funds from Go-Carts
    Which, upon resale, was only likely to realize $3 million – representing an
    Expected net loss of $1 million.
    (b) the purchase of new motorized sweepers designed to collect litter on the
    Go-karting tracks which, despite high hopes at the time and potentially large
    (labour) cost savings, subsequently proved to be unsuitable and had to be
    Replaced at a net cost of over $800,000.
    (c) That $200,000 is due from Shrewd Advisers Ltd (Shrewd), Go-Carts’
    Investment advisers, a company of which Earl is the governing director and
    Majority shareholder. There is a guarantee by Shrewd in favour of Go-carts
    For $100,000 but, given Shrewd’s financial position, no more than $70,000
    Is likely to be recovered. Earl did not disclose his interest in Shrewd Pty Ltd
    To the Go-carts Board, although they knew about it; and
    (d) Earl had himself fraudulently misappropriated about $1 million to finance his
    Extravagant lifestyle. Fraud charges against Earl are currently being heard
    In court.
    The directors of Go-carts during the period 2003 -2004 were:
    · Earl, as managing director and Chair;
    · Elisabeth Deal, a partner of a leading firm of chartered accountants;
    · Enid Patton, a highly regarded doctor who sits on several public
    Company boards;
    · Eleanor Arnold, a public relations consultant and go-karting enthusiast.
    Eleanor was ill for mush of 2004 and was unable to attend board
    Meetings or take any part in the company’s management.
    The day-to-day management of Go-carts was left to Earl. The non-executive
    Directors conceived their role to be planning and policy-making. There is no
    Evidence of willful neglect or default by any of the non-executive directors, who
    Were all deceived by Earl, as were the auditors.
    Advise the liquidator whether she should pursue any of the non-executive
    Directors for compensation.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
    Ultra Member
     
    #2

    May 27, 2009, 06:35 AM

    We do not do people's homework for them. If you would like to post your answer for discussion, there is a homework help section of this site.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    May 27, 2009, 06:50 AM

    Yes, at least they did not leave the question number posted.

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