Corporate Law For Managers Essay Example | Topics and Well Written Essays - 2500 words

Corporate Law For Managers - Essay Example In the past, this type of contract was considered as rather risky – the completion of the incorporation procedure was not always guaranteed - a phenomenon also common in modern market. The introduction of the Companies Act 2006 led to the increase of the safety of the specific type of contract – in the section 51 of the above Law it is noted that the person who acted in behalf of the firm or as its agent is considered responsible for the performance of the specific contract; the successful incorporation of the company in the name of which this person acted is not of particular importance regarding the protection of the interests of the party that signed this agreement along with the company’s agent. In this paper the role of the section 51 of the Companies Act 2006 in relation to the problems of pre-incorporation contracts is critically examined; it is proved that the above provision had offered an important framework for the protection of the rights of interests of the parties (individuals or firms) that enter a pre-incorporation contract. In order to identify the problems related with the pre-incorporation contracts it would be necessary to refer primarily to the concept of incorporation; in accordance with Cross et al. (2007, 13) ‘the incorporation process requires the development of articles of incorporation (sometimes called the corporate charter or certificate), which is publicly available and becomes something like the constitution that governs the corporation’; the founders of the corporation are free to choose the terms of the corporate charter – however, they are bound by the law as the application of specific rules, usually represented by the commercial ethics; moreover, it is required by the law that the corporate charter addresses specific issues; the rest of the content of the corporate

The Amish and their ways Essay Example for Free

The Amish and their ways Essay There are many cultures around and have different view as we do. People are all different and no one is alike. We all perform different beliefs and ideas. One of these cultures are the Amish. They live a different way of life than what we do or as myself. The Amish way of life has many interesting concepts that may make them different from different cultures. Some may see the Amish as bad people but they are not and their way of living distant and makes them look stronger in todays society. The primary mode of subsistence of the Amish is Horticulturalist. They are farmers. They plant different crops every year depending on the time of year. The women help them with the farming and with the farming they feed themselves and most don’t depend on anything else other than what they grow on their lands. tillers of the soil and people of the land. When a young Amish couple gets married they are given a parcel of land by one of the fathers. This land is given so that the couple can get a head start on taking care of themselves and earning a living. The Amish people today do not use many modern day agriculture implements depending on the old ways to farm and harvest crops. The Amish have a patrilineal descent pattern, although they do incorporate the mothers maiden name as a childs middle name. This only confirms the fact that the Amish believe Christ is the head of man and man is the head of women. Women’s descent lines are in no way ignored, they are just less emphasized. The (male) father is the individual who possesses the most authority within the Amish family. Inheritances are often passed down through the male side of the family. Sons are more likely to gain property than daughters, and it is typically the younger siblings who receive the inheritance. The Amish naming patterns are the most similar to the Iroquois and Inuit kinship systems naming patterns. They include the same names for nuclear family, although in the Amish culture the mothers sister is called Aunt and not mother as well.The Amish go through three stages of childhood. These can be classified as the little people, the scholars and the young people. The little people include children below school age, the scholars include people who are in school and the young people include those who are 15 years or older who are exploring themselves at social events like youth groups before marriage. With age comes social power and according to the Amish wisdom is based on age and experience rather than the level of education obtained or scientific knowledge. Most Amish people get married between the ages of 22 and 25 on a Tuesday or Thursday and divorce is rare. By the age of 45, the Amish woman has 7.1 children and this is largely based on the fact that the Amish do not view birth control as a permissible medication to use. Marriages and church services take place in the homes of the older Amish communities and the more liberal Amish people have church services in church buildings. Sometimes extended family will all live on the same farm and couples will retire so that their children can take over the farm. Men are seen as the head of the house hold and are often treated with more respect than the women. The main functions of the Amish families are procreation, nurture and socialization. Certain loyalties towards family members exist not only in childhood but throughout life. It is the mans duty to find another Amish woman to be his mate. His selection of possible wives is limited but can extend to other Amish communities other than his own. The Amish have limited contact with other communities because of the fact that they do not rely on technology such as the internet and telephone. Therefore most marriages occur within the same communities. Many mates meet at singings, where the boys sit on one side of the table and the girls on the other. Girlfriends and boyfriends do not often refer to each other by their first names and instead refer to them as he or she. Families are patriarchic and monogamous with the father being the head of the house hold. The wife is supposed to be obedient to her husband but first and for most she is supposed to be faithful to god and there are no grounds for a divorce. The wife has a purse that is controlled by her husband who gives her money for house hold items and clothing as needed. Arguments among couples often go unnoticed or with silence. Children are seen as sinless as they are believed not to know the difference between right and wrong and it is the parent’s responsibility to teach the children these things. In terms of laws and rights the Amish are essentially egalitarian. The lines between each social status are very blurred, and although women’s voices are less heard their votes still count equally to the votes of men. The Amish do not have an established government. Social power comes from the ministers and church officials. The Amish culture does not identify with a political structure. The church leaders have more of an influence over the people than any political power does. Laws used throughout the rest of the United States are also enforced in the Amish counties of the Northeastern United States. Punishment in the Amish culture is excommunication from the church and or banning from the community and from communicating with friends and family still in the community. Gender roles play a large part in Amish communities. From a young age, the Amish are taught the roles of males and females. The Amish take their beliefs from the bible. This is how the concept of gender roles came about in their society. Amish women are expected to cover their hair to show submission. They are expected to honor and support their husbands. In Amish communities, the males are the leaders and the ones who make the decisions for the entire community. The women are expected to take care of the family and maintain the house. Women generally do not have jobs outside of the home. However, young women are usually schoolteachers. Once there are small children in the home however, it is difficult for women to have outside jobs. The role of women and men differ in mainstream society. Today, their roles have moved to become more equal. Men will help with the housework and women often have full-time jobs helping to support their families. Because of their religious beliefs, the Amish still separate male and female roles. Although I may disagree about some of their ideas, I can understand why the Amish’s view of gender works in their communities. They have lived this way for a number of years and they seem to accept their roles well. Even though it appears that women are inferior to men, women are also free of some social pressures common in mainstream society. Amish women do not accentuate their physical appearances. They do not wear make-up or modify their appearances in any way. This is hardly the case in mainstream society. Despite these seemingly strict gender roles, the boundaries can be crossed. For example, if there is a lot of work to do, the women may help with the field work, and sometimes the men will help with the household chores. The Amish seem to be content with how their communities are run. The Amish people of modern day America are no different as this unique subculture strives to cure the sick and diseased within the realm of community accepted means. By taking a detailed look at the methods utilized by the Amish to cure sickness and disease, one will come to appreciate the role culture plays in establishing medical treatment as well as the importance of health matters in Amish society. One of the most common and historically based methods for curing the sick and diseased in Amish society is through the use of folk remedies. Folk or house remedies as it is often termed, have their roots in the Germanic ancestry of the Amish. Oral tradition has maintained a basic knowledge of various teas, powders, liniments, and foods used in Amish folk remedies for hundreds of years. Another application used to cure the sick and diseased also has its roots in the German ancestry of the Amish. Powwowing, also called sympathy curing, is often applied to cure the sick of the community in conjunction with various home remedies. The Amish seek help from the medical establishment in nearby villages, towns, and cities when it is needed. Although there is an absence of any type of restriction in the Amish lifestyle pertaining to the use of the medical establishment, many are reluctant to seek professional medical care unless it is absolutely necessary. This stems from several reasons, one of which is the avoidance of the world, a strong Amish belief previously mentioned. Another reason is the high cost of medical treatment as the Amish do not believe in carrying health insurance. Having health insurance would be seen as associating with the world and therefore detrimental to the Amish faith. The Amish history shows us that living the way they have, is not easy. They have been able to almost completely separate themselves from the rest of society. Although they may have had to give in to some of the progressive ways of America, they remain a small jewel inside of a large country. There are very few people who live such a slow-paced, simple life as do the Amish. Maybe our society should take a closer look at the Amish and learn a few life lessons from them. Reflecting on the Amish could help us understand many problems that our own society faces every day. References 2009 The Amish. Electronic document, http://www.bbc.co.uk/religion/religions/Christianity/subdivisions/Amish_1.shtml Stevick, Richard A. 2007. Growing Up Amish. The Johns Hopkins University Press: Baltimore American Anthropologist, New Series, Vol. 72, No. 5 (Oct., 1970), The Journal of Economic History, Vol. 53, No. 2 (Jun., 1993), Hostetler, John A. Amish Society. Johns Hopkins University Press: Baltimore and London, 1993. Kraybill, Donald B. The Riddle of Amish Culture. Rev. ed.: Baltimore, Md.; London: Johns Hopkins University Press, 2001.

The Use of Anabolic Steroids in Society Today Essay -- Papers Sports A

The Use of Anabolic Steroids in Society Today The use of steroids in our society today is very common, that is with prescription. But that is not the kind of steroids I am talking about, I am talking about Anabolic Steroids. Anabolic steroids are a very sensitive issue in the world of sports today. Even though the side effects are life threatening, men and woman alike continue to submit their bodies to this illegal drug. Anabolic steroids are taken either through pills or injected directly into the blood stream with a needle. In 1994, 1,084,000 Americans, or 0.5 percent of the adult population, said that they had use anabolic steroids, according to the Substance Abuse and Mental Health Services Administration’s National Household Survey on Drug Abuse. Under Federal Law it is illegal to possess or distribute anabolic steroids for nonmedical uses. However, heavy demand has generated a black market with estimated sales of up to $400 million a year, according to a NIDA Research Report, Anabolic Steroids: A Threat to Body and Mind (NIDA July/August1997). Anabolic steroids are drugs derived from the male hormone testosterone. They promote muscle growth and increase lean body mass. Although anabolic steroids have many approved medical uses, some athletes and others seeking to improve performance and physical appearance abuse them. These nonmedical uses are illegal and carry many health hazards. There are many signs that one can look for in a person who is suspected of using Anabolic Steroids. There is dramatic gain in weight and muscle mass over a short period of time (NIDA September1997). Another is severe acne. Others could be water retention, baldness or hair loss, even in the worst cases severe and sometimes violent mo... ...nry no knows steroids are not worth the risk. â€Å"I am here to tell people and especially young people that yes it can happen and yes it will happen to you† (Mask p.1-2) Bibliography: References Anabolic Steroid Use. (1997, September). NIDA Capsule Series, http://www.drug- abuse.com/information/anabolicsteroid/steroid1.html. Questions and Answers About Anabolic Steroids. (1997, July/August). vol.12, http://www.nida.hih.gov/NIDA_Notes/NNVol12N4QASteroids.html Mask, Dr. Allen. (1996, July). Steroid Abuse (9 paragraphs). WRAL OnLine. Ullis, Dr. Karlis. Journal of the American Medical Association. 1999; 283: 0209-1. King DS. Effect of oral androstenedione on serum testosterone and adaptations to resistance training in young men: a randomized controlled trial. Journal of the American Medical Association. 1999; 281: 2020-2028.

New Product Development and Nestle

INTRODUCTION Nestle is a company that is operating in food and beverage market. In the last decade nestle is a leading nutrition and health corporation that promise a safe and high quality product to its customers. The company illustrates a significant profit ratio and therefore nestle become a role model for those companies that want to be successful. As a result this report is illustrating why and how nestle have achieved a superior performance VALUE CHAIN ANALYSIS OPERATION First of all the company have a operation in all around the world which means that they achieve an economy of scale.Apart from this minor information in terms of product offering the company are currently developing a products that are requiring a similar tangible and intangible resources. As a result they are exchanging production equipment and workers between factories. So we can easily say that nestle are also achieving an economy of scope. In addition to this, capacity are being utilized by the department. Apart from those economic terms their labor are being highly trained and therefore they are highly specialized about what they are doing which also resulting in an another efficiency at the operational activities.Moreover the department are frequently adapting its latest technologies that is reducing labor input and increasing its automation and mechanism of operations. However nestle brand express a quality and safety products to its customers. So its clear that the company company are not reducing its cost by buying a low quality raw materials and this means that they have integrated differentiation and low cost leadership strategy. We can easily conclude that this department are producing output much more efficiently than its competitors. MARKETING AND SALESThe company is heavily investing on research and development. For instance according to resources they invest 1. 5 million on this department every year. For example they employ more than 3 500 people and those employees are h ighly motivated labors that is helping nestle to adapt its dynamic and fast changing environment. In other words labors have a huge contribution to nestle to provide a new products quickly to its market. For example the employees latest innovation is pleelable ice cream which is a product that has a rich creamy flavor of a regular ice cream.However it also contains a low fat in comparison to other brands . In addition to this the department have also invented a interesting flavors to this ice cream. Apart from this their research team have also found a actobacillas that contains a oriobitic agent which is improving human body’s immune system. As a result they are trying to inject actobacillas to their yogurt brand . employees also reported that actobillac is not changing the texture of yogurt. As a result those examples clearly illustrates that how well the company is adapting to its socio cultural environment.As tidd and bessant illustrates the importance of product innovati on by stating that(2009 p6)†new product development is an important capability because the environment is constantly changing. Shift in the socioeconomic field create opportunities and constraints . Legislation may open up new pathways or close down others for example, increasing the requirements for environmentally friendly products. Competitors may introduce new product which represent a major threat to existing market positions. In all these ways firms need the capability to respond through product innovation†.Apart from innovation capabilities the company employee are also illustrating an effective performance in the international market. For example they are spending three days with the people that are living in the country that the corporation are planning to make an investment for this reason they are understanding their purchasing habits and motivations and therefore they are developing a product that is appealing to its people. In addition to this employees are also monitoring how consumers consider their brands in other words they are investigating if consumers are recognizing the values that the corporation is trying to convey.So we can easily conclude that research department is one of the main factor that nestle is being successful in the market. INBOUND AND OUTBOUND LOGISTIC The most striking feature of inbound and outbound logistic are that the company does not use middle firm to its warehousing and distributing its products. Nestle international partner have their own distribution centre’s and warehouses in other words they are kind of integrated forwardly. In that way they are ensuring that all frozen products are remaining quality to its retailers.As a result of this the inbound and outbound chains are running efficiently and therefore its not increasing its cost. Apart from this nestle also provide a special equipment for some of its products to its retailers. For example all retailers have a special freezers for nestle ic e creams the reason that they are providing this equipment cause nestle want to also ensure that products are remaining quality and undamaged to its customers. So we can easily concluded that the corporation are really effective to keep products quality while transiting to its retailers and also to its customers.PROCEREMENT The corporation promises high quality product to its customers and therefore supplying a quality materials are important. They don’t use vertical integration strategy instead they have a long term perfect relationships with its suppliers. In other words supplier power is not strong which means that they are all time providing a high quality materials at a reasonable price. In addition this farmers whom are supplying raw materials to the company are being supported by nestle research department.The company researchers and scientists are working together with its suppliers. For example the department are helping farmers to implement their findings to the raw materials and as a result nestle is supplying all time quality products. Apart from increasing quality of raw materials nestle is also supporting sustainability in the supply of raw materials for example. The company has a more than 500 hundred agromist technical advisor and field technicians that are providing a assistance to its farmers.Above all the company has a power to acquire its suppliers and clearly it requires a significant investment which also increases the exist barriers of industry. However by being a close and excellent relationship with its farmers they are ensuring the quality of raw materials. HUMAN RESOURCE DEPARTMENT HRM employees are frequently measures the employees performance and this measurement is resulting in an rewards. In addition to this they are providing an effective training programs to its employees. As a result human resource department are being unsure that they are attracting top employees in the industry.For this reason they are adapting to new environment conditions and the firm innovating new products faster than its competitors. TECHNOLOGICAL DEVELOPMENT Needless to say that nestle are using the latest technologies in all value chain activities. But most striking feature of the technological analysis is that nestle are using its latest technology in order to study and adapt to fast changing business environment. So we can easily conclude that they are investing and closely monitoring the technological and its wider environment frequently.NESTLE BUSINESS AND CORPORATE LEVEL STRATEGIES Clearly corporation’s general growth strategies are divided in to two categories which are concentrating on the existing industry and diversification. CONCENTRATION The company was being considered as a technology led corporation however changing social and cultural environment lead them to become a science driven nutrition health and wellness company. At the moment the market is dominated by extremely large companies so nestle can not drive out competition by using its aggressive promotional and pricing strategy.Instead they are using other market penetration strategies suchas effective advertising methods and special promotions. However the most striking feature of the strategy in the existing market is that innovation. For example they are frequently working on scientific innovations to make their current products more healthier and contains low fat. As it mentioned in value chain analysis tasty low fat ice cream is an perfect example about how company is concentrating on the existing industry by innovating its existing products.As a result of those kind of actions they are selling more things to same people but at the same time they also are targeting and attracting its new people. Apart from combining market development and product development strategy in the anosoff matrix tool European and American food industry are illustrates a strong threat of entry and there are a lot of substitute of products which is resulting in a strong buyer power. As a result nestle have perceived this market as a flat and highly competitive and therefore they are setting is sighs on new markets in order to enhance their profitability.In other words they are investing highly on emerging markets for example eastern Europe asia and latin America that have a perfect potential to improve their profit ratios with their current products. However the most striking feature of the nestle international strategy is that Nestle are entering those markets through the takeovers and joint venture. This means that they are benefiting from local managers knowledge about culture language pestel and business systems and this clearly resulting in a faster adaptation to its environmental change.Moreover they are also taking over the companies that they have a perfect background. According to resources the company is investigating the local companies carefully and they are picking the firm that have a perfect reputation in th at way the company is ensuring that it is not damaging the nestle image. So its clear that they are using locally sourced raw materials and this means that they are facilitating their factories in those nations that they are selling its products to its customers As a result they are aiming of creating a share value to its all stakeholders.The reason that they are creating a shared value for all shareholders that they are because The company found that creating a long term value for the countries in which they are marketing its products are helping them to making a more profit. So we can easily conclude that the company are highly concentrate on their existing products and in term of its international strategy nestle are using right way to be successful. RELATED DIVERSIFICATION Nestle have been increasing the variety in the distinctive products that they are offering.In other words they are using its related and unrelated diversification strategies. However the company is mainly usin g its related diversification. For instance. The company has a well known existing brands such as kitkat lion nesquick and nestea and as a result of this the company are using this existed well positioned brands in the other sectors. for example kitkat is a chocolate but last year nestle create a kitkat ice cream(or nestle creal and crealbars) and in that way they are not creating new brands in order to extent their products and this clearly creates many benefits.The most striking feature of the benefit is that nestle is achieving an incredible cost saving in terms of building a brand . In addition to this they are also operating within the existing operation capabilities which means that they are exploiting an economies of scope For example they are sharing technologies employees and even advertising campaigns between different businesses units. As bymike w. peng illustrates the benefits of related diversification by stated that(2009,p315)†firms benefit from declining unit co sts by leveraging product relatedness.The sources of operational synergy can be technologies(such as common platforms)marketing(such as common brands) and manufacturing(such as common logistics). As a result of this strategy clearly they are achieving a superior performance in the market because of the fact that related diversification strategy is considerably helping them to integrate its differentiation and low cost leadership strategy. Conclusion Above all nestle is operating in the highly competitive market.In addition to this other environmental factors are also changing fastly. However nestle is a company that is using its highest technology as well as employing top employees in the environment. For this reason they have a perfect ability to adapt to its environmental change. For example the company have an outstanding research and development department. Apart from this success criteria the corporation is also significantly reducing its cost by using its effective operational strategies and its related diversification.So we can easily conclude that nestle has achieved an superior performance because they have a perfect ability to innovate interms of its operation product service and its businesses processes as well as they have a right strategy in the international markets. ( e. q creating a share value and entry methods) REFERENCE LIST MANAGING INNOVATION JOE TIDD AND JOHN BESSANT 4TH EDITION JOHN WILER AND SONS,LTD Global strategic management mike w. peng second edition south western cengage learning

The gendercide against Jewish men

He gendercidal dimension of the holocaust against the Jews was evident during particular phases of the campaign of extermination. It nonetheless has its harbinger in the mass detentions of males during the earlier (1933-41) period of Nazi rule. As a campaign of full-blown mass execution, the gendercide against Jewish males marked an important, if temporary, â€Å"onset phase† of the holocaust in the occupied eastern territories (including, after August 1941 , the Balkans).Gendercidal strategies against women were evident at later stages, both in mass executions and gassings, women- nly death camps, and the forced marches that killed tens of thousands in the closing stages of the war. Again, it must be stressed that in both their male and female manifestations, the Jewish gendercides were subsidiary features and strategies of a campaign of â€Å"root-and-branch† extermination, in which gender was far from a dominant consideration overall.Daniel Goldhagen points out in Hi tler's Willing Executioners (pp. 149-50) how the†up-close,† intimate killing of manifestly defenceless, screaming civilians on the eastern front killings which spattered blood and brain matter around the killing fields and over the killers was at first ncrementally managed according to gender: The Einsatzgruppen [death-squad] officers could habituate their men into their new vocation as genocidal executioners through a stepwise escalation of the killing.First, by shooting primarily teenage and adult Jewish males, they would be able to acclimate themselves to mass executions without the shock of killing women, young children, and the infirm. According to Alfred Filbert, the commander of Einsatzkommando 9, the [execution] order from [Reinhard] Heydrich â€Å"quite clearly† â€Å"included also women and children. † Yet, â€Å"in the first instance, without a doubt, the executions were limited generally to Jewish males. By generally keeping units' initial mass acres to smallish numbers (by German standards) of a few hundred or even a thousand or so, instead of many thousands, the perpetrators would be less likely to become overwhelmed by the enormity of the gargantuan bloodbaths that were to follow. They also could believe that they were selectively killing the most dangerous Jews, which was a measure that they could conceive to be reasonable for this apocalyptic war. Once the men became used to slaughtering Jews on this sex-selective and smaller scale, the officers could ore easily expand the scope and size of the killing operations.Jewish men rounded up for mass execution at Zhytomyr, Ukraine, August 7, 1942. In the early weeks of these murder campaigns, the Einsatzkommandos, according to Goldhagen, â€Å"were the equivalent of genocidal scouting parties, developing the methods of The images of mountains of corpses left behind by the Nazi mass murderers shocked the world, and helped contribute to the founding of the state of Israel. As the Soviet and Allied forces rolled back across Nazi-occupied Europe,