BA 204 Assignment 1 Instructions:

Font: Times New Roman, Size: 12 Double line spacing Margin: Left, right, top, bottom 1 or 2.54cm Justify all paragraphs Due date: 8th March 2016, during Tutorial Session. Late submission NO MARKS will be awarded. APA Referencing style should be used

PART 1

a) Explain Doctrine of Ultra Vires (15 Marks)

b) Nancy would like to form a company but she does not have a clear view on the Articles of Association. Advise Nancy. (15 marks)

PART 2

Alberto has been appointed as a trusted person that is responsible in forming a company that shall be called Starlighting Sdn Bhd. He is to undertake all the necessary documents and do all other significant works related to the company. In the course of forming the company, Alberto purchases the lease of a land for RM80, 000. Subsequently the company was formed and he sold the land to the company for RM120, 000. As the result, he earned RM40, 000 in secret.

a) With regards to Albertos action, what is the option available for Starlighting Sdn Bhd? b) Describe what are the duties of a promoter.c) In the situation where Albert enters into a pre-incorporation contract for the company, what are the consequences of the contract in both Common law position and Malaysian Company law position. Discuss, and support with relevant cases. (30 Marks)(Grand total: 60 Marks)