Friday, June 5, 2020

The Companies Act 1985 interpritation - Free Essay Example

Title: The Companies Act 1985 s. 14(1) states: Subject to the provisions of this Act, the memorandum and articles, when registered, bind the company and its members to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member to observe all the provisions of the memorandum and of the articles. In Hickman v Kent or Romney Marsh Sheep-Breeders Association [1915] 1Ch 881 at 897 Astbury J said of this provision: The wording of [this subsection] is difficult to construe or understand. Consider the differences in the interpretation of this provision. What are the main alterations to this provision which have been made by s.33(1) Companies Act 2006? ANSWER Introduction All practitioners and students of company law will be familiar with section 14 of the Companies Act 1985 and its somewhat convoluted implications. The section provides that, on registration the memorandum and articles of a company together bind the company and all of its members to a contract incorporating their terms just as if the documents had been signed by each member and included undertakings on the part of each member to respect and adhere to the provisions of the memorandum and articles. Section 14 has long been known as imposing a corporate or statutory contract on the company and its members. In recent times steps have been taken to replace the Companies Act 1985. The Companies Act 2006 received the Royal Assent on 8 November 2006. Margaret Hodge, Minister for Industry and the Regions, has welcomed the new Act as predicted to à ¢Ã¢â€š ¬Ã…“bring major benefits to business by modernising and simplifying company lawà ¢Ã¢â€š ¬Ã‚  and set out an implementation timetable which pledges to commence all parts of the Act by October 2008.[1] That said, it is anticipated that most parts of the Act will actually be brought into force by October 2007.[2] Consisting of 1300 sections the 2006 Companies Act is the largest piece of legislation ever brought onto the statute book. Among its many changes is a re-writing of the section 14 corporate contract. The new version, which is contained in section 33(1) of the 2006 Act, has been simplified and re-worded. The contrast between the two provisions is analysed in the following commentary after an examination of the old law and the jurisprudence relating to it. Section 14 of the Companies Act 1985 Section 14 of the Companies Act, the text of which is set out in the title above, has effect, as stated, that the memorandum and articles of association constitute a contract between the company and each member and between the members themselves. However, it is long established principle that the memorandum and articles do not have the capacity to constitute a contract with outsiders unless an express agreement exists to the contrary or a provision of the constitutional documents is found to constitute an implied term of a contract between a third party and the company.. The legal superstructure surrounding the section 14 contract is therefore sophisticated and complex. Moreover given that the contract seeks to govern the often fraught relationships between a company and its shareholders and between the shareholders themselves it is hardly surprising to note that litigation on the issue is fairly commonplace.. These factors have combined over the years to produce a dense and sometimes uncertain body of law. It is therefore unsurprising that in Hickman v Kent or Romney Marsh Sheep-Breeders Association [1915][3] Astbury J reportedly stated that the wording of section 14 is à ¢Ã¢â€š ¬Ã…“difficult to construe or understandà ¢Ã¢â€š ¬Ã‚ . In the following sections of this paper the individual characteristics and effects of the section 14 corporate contract are analysed and explained using case law illustrations. The form and nature of the statutory contract At the outset it is pertinent to consider the nature of the statutory contract established by the memorandum and articles. Cogent authority for the contractual effect of the articles can be distilled from the declaration of Lord Selbourne LC in the House of Lords in the case Oakbank Oil Co v Crum (1882)[4]. The Lord Chancellor stated: à ¢Ã¢â€š ¬Ã…“Each party must be taken to have made himself acquainted with the terms of the written contract contained in the articles of associationà ¢Ã¢â€š ¬Ã‚ ¦ He must also in law be taken to have understood the terms of the contract according to their proper meaningà ¢Ã¢â€š ¬Ã‚ ¦ and that being so he must take the consequences whatever they may be, of the contract which he had made.à ¢Ã¢â€š ¬Ã‚ [5] The contract created by section 14 is, it is submitted, a special statutory contract with its own distinctive characteristics. The binding force behind the contract flows directly from statute, rather tha n from any bargain struck between the parties and as such it is directly subject to and referable to other provisions of the Companies Act.. For example, section 9 of the 1985 Act provides that the terms of the statutory contract, the articles of association, can be varied by a three-quarters majority vote of the members voting in general meeting (a special resolution). This is clearly in contrast to the ordinary rules of contract, where unanimity between the parties (or consensus in idem) is required for a variation of contractual terms. This rule has clearly been embedded for pragmatic reasons of effective management and control. Mindful of the fact that a company may have many members the statutory contract acknowledges the risk of possible stagnation and therefore provides this crucial exception to the à ¢Ã¢â€š ¬Ã…“normalà ¢Ã¢â€š ¬Ã‚  and golden rule of contractual conduct. It is useful to note that there are other contractual principles which are inapplicable in the cas e of the statutory contract as a consequence of its unique nature. For example, unlike the case with a normal contract, as illustrated by the case Scott v Frank F Scott (London) Ltd (1940)[6] the court has no jurisdiction to rectify a set of articles once registered even if it can be proved that they do not, as they stand, represent what was the true original intention of the promoters who incorporated the company. Nor can the court endeavour to imply terms for the purpose of supplementing the articles under the business efficacy rule as the case Bratton Seymour Service Co Ltd v Oxborough (1992)[7] testifies. The first legal consequence of the section 14 contract is that the memorandum and articles are held to comprise a binding contract between the company and each individual member. The corollary of this is that each member will be held to be bound to the company by the provisions set down in the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s articles in his capacity as member. Furthermore, althou gh section 14 does not explicitly lay down the rule that the articles bind the company to the membership, the company is indeed treated as bound to each member in his capacity as member to honour all the provisions made out in the articles. The case of Hickman v Kent or Romney Marsh Sheepbreedersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Association (1915)[8] is instructive. Hickman was engaged in a dispute with the Association in question. However, the Associationà ¢Ã¢â€š ¬Ã¢â€ž ¢s articles provided that disputes between the company and the membership must be referred to an arbitration process. Hickman sought to assert to the court that the articles did not constitute a contract between the members and the company, and thus that he was not bound by the arbitration clause. The matter was considered by Astbury J, who analysed the case law, but it was thereafter held that the articles were binding and that the Association was entitled to a stay in the action. The articles were indeed found to constitute a contract between the company and the members so as to ensure that arbitration was employed to resolve disputes. Supporting authority can be found, inter alia, in the case of Pender v Slatington (1877)[9]. Here at a shareholdersà ¢Ã¢â€š ¬Ã¢â€ž ¢ meeting the chairman declined to accept a memberà ¢Ã¢â€š ¬Ã¢â€ž ¢s votes. The articles provided that one vote would be allocated to every ten shares owned by shareholders. The decision of the chairman caused the defeat of a resolution proposed by the member in question, and as a consequence he applied to the court for the grant of an injunction preventing the directors acting in contravention of the denied resolution. The plaintiff succeeded in his claim: the court once again confirming that the articles were a contract binding on the company just as it was binding on the members of the company. In Wood v Odessa Waterworks Co (1889)[10] the articles provided that a dividend should be paid to the members annually. One year the compan y issued a debenture to members instead and a member complained to the court. It was held that the articles should have been followed. Stirling J stated quite categorically that: à ¢Ã¢â€š ¬Ã…“the articles of association constitute a contract not merely between the shareholders and the company, but between each individual shareholder and every other.à ¢Ã¢â€š ¬Ã‚  That said, in Salmon v Quin Axtens (1909)[11] Farwell LJ approved Stirling Jà ¢Ã¢â€š ¬Ã¢â€ž ¢s remark, but then stated that the court would not enforce the covenant as between individual members in most cases. Moreover, in the case Welton v Saffery (1897)[12] Lord Herschell denied that there was any contract between the individual members of a company and ruled that any rights given to them inter se could only be enforced by or against a member through the conduit of the company itself: à ¢Ã¢â€š ¬Ã…“It is quite true that the articles constitute a contract between each member and the company, and that there is no contract in terms between the individual members of the company; but the articles do not any the lessà ¢Ã¢â€š ¬Ã‚ ¦regulate their rights inter se. Such rights can only be enforced by or against a member through the company or through the liquidator representing the company..à ¢Ã¢â€š ¬Ã‚  In light of this ostensibly contradictory statement it seems that Astbury Jà ¢Ã¢â€š ¬Ã¢â€ž ¢s comments in the earlier Hickman v Kent or Romney Marsh Sheepbreedersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Association case that are highlighted in the title to this paper were indeed well founded. Further confusion was added by Scott LJ in London Sack Bag Co Ltd v Dixon Lugton (1943)[13]. He stated: à ¢Ã¢â€š ¬Ã…“It may well be, even as between ordinary members of a company who are also in the nominal way shareholders, that section 14 adjusts their legal relations inter se in the same way as a contract in a single document would if signed by all.à ¢Ã¢â€š ¬Ã‚  It is submitted that the weight of case l aw does confirm that the memorandum and articles will be enforced as a contract between the members themselves. There is surely considerable practical utility and commonsense in permitting members to bring actions against each other if one party fails to adhere to a provision in the memorandum or articles without the complexity time and expense of involving the company. Why should it be necessary to involve the company in any such action? Additionally it should be noted that there is always a real risk that the members against whom it is intended to enforce the articles either have control of or are able to exert influence on the board of directors who will be charged with the decision as to whether to authorise the use of the company name in order to enforce the articles. It seems to defy any intelligent analysis to insist on the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s participation in actions directly concerning and between individual members. In Rayfield v Hands (1960)[14] Vaisey J comment ed that he found the statement of Lord Herschell in Welton v Saffery à ¢Ã¢â€š ¬Ã…“somewhat crypticà ¢Ã¢â€š ¬Ã‚  and it is suggested that this is judicial code for à ¢Ã¢â€š ¬Ã…“plainly wrongà ¢Ã¢â€š ¬Ã‚ . In Rayfield a companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s articles provided that members wishing to transfer their shares should inform the directors of the company, who would be obliged to purchase the shares at a fair price. The plaintiff member held a number of shares and requested that the defendant directors should buy them but this request was declined. An action was brought to sue on the contract established by the articles of association and this was done without joining the company. The court had no difficulty in finding that the directors were bound to buy the shares. The articles were found, on the strength of section 14, to have created a binding contract between the directors, in their capacity as members, and the plaintiff, in his capacity as a member. The memorandum and a rticles do not provide rights or impose obligations on non-members. It is a corollary of the above rule that no legal rights purportedly given by the memorandum or articles to a member in any capacity other than that of member (for instance either as a company solicitor or a director) will be enforceable against the company.. So called à ¢Ã¢â€š ¬Ã‹Å"outsider rightsà ¢Ã¢â€š ¬Ã¢â€ž ¢ will not be enforced. The memorandum and articles do not constitute a contract with outsiders and must be confined in their effect to the members in regards to their rights and obligations in that capacity. In the case Eley v Positive Government Security Assurance Co (1876)[15] the articles of association expressly stated that the plaintiff would be employed as the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s solicitor. After acquiring shares in the company the plaintiff worked for the company for a period of time, but later the company dismissed him. The plaintiff sued for breach of the contract that was constituted by the articles. Perhaps the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s credentials as a solicitor were not as strong as they could have been because, predictably, it was held that the action must fail because there was no binding contract in the articles between the company and the member in his capacity as a solicitor, which was held to be no more than an outside interest in terms of the statutory contract. The foregoing cases map out much of the legal effect of the section 14 contract. It is clear that while there has been confusion as to the meaning of section 14 in the past, and in particular at the time at which Astbury J made his featured comment in Hickman, much of this ambiguity has now been resolved. The new statutory contract: Section 33(1) Companies Act 2006 As stated section 14 is now in the process of being replaced by section 33(1) of the Companies Act 2006. The new provision states as follows: 33 Effect of companys constitution (1) The provisions of a companys const itution bind the company and its members to the same extent as if there were covenants on the part of the company and of each member to observe those provisions. This can be set against the text of the old provision, which provides: 14. Subject to the provisions of this Act, the memorandum and articles, when registered, bind the company and its members to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member to observe all the provisions of the memorandum and of the articles.à ¢Ã¢â€š ¬Ã‚  The two provisions seem to be very similar in substance, although the new provision set out in section 33(1) of the 2006 Act has been simplified and drawn in more streamlined terms. This chimes with the fact that a new simplified and streamlined model set of articles has also been made available under the new Act. It is pertinent to note that under the 2006 Act the status of the company memorandum has changed to become merely a formal document recording the position at the point of registration, and that just the articles of association will be treated as the continuing constitutional document of the company. This does not represent a major change in practice given that it has always been the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s articles of association that have provided the vast majority of any terms that have fallen subject to litigation. In summary it is submitted that the new provision does not alter the previous law in significant terms or challenge the principles of case law that have been established alongside the application of earlier versions of section 33(1). The language of the provision has been clarified and updated and it is now specifically referable to the articles only, but that aside, previous precedents on the section 14 contract will continue to be of bearing. Concluding Comments on the Corporate Contract As stated in the title to this paper, in Hickman v Kent or Rom ney Marsh Sheep-Breeders Association [1915][16] Astbury J complained that the wording of section 14 was à ¢Ã¢â€š ¬Ã…“difficult to construe or understandà ¢Ã¢â€š ¬Ã‚ . It took almost 100 years before Parliament responded to his concern, but the section 14 provision has now finally been re-written in the form of section 33(1) of the Companies Act 2006. Many of the concerns and ambiguities noted by Astbury J in 1915 have been resolved in the intervening period. As the simplified provision contained in section 33(1) of the 2006 Act beds down it is predicted that far fewer judicial concerns will be apparent in subsequent years because most of the questions that could be asked of it have already been answered by the courts. THE END DOCUMENT WORD COUNT : 2931 (excluding footnotes) BIBLIOGRAPHY Companies Act 2006: Dine J, Company Law, 5th ed, (2005) Palgrave Macmillan DTI, Companies Act 2006: A summary of w hat it means for private companies, February 2007: DTI Government News Network: French D, Blackstones Statutes on Company Law 2006-2007, (2006) Oxford University Press Grier N, Company Law, (2005) W.Green Griffin, Company Law Fundamental Principles, 4th ed., (2005) Longman Hicks A Goo S.H., Cases Materials on Company Law, 5th ed, (2004) Oxford University Press House of Commons Hansard Cases as footnoted. 1 Footnotes [1] Hansard 28 January 2007, Column 90WS. [2] See: [3] [1915] 1Ch 881 at 897. [4] (1882) 8 App Cas 65. [5] Ibid, at p70. [6] (1940) Ch 794. [7] [1992] BCLC 693. [8] [1915] 1 Ch 881. [9] (1877) 6 Ch D 70. [10] (1889) 42 Ch D 636. [11] [1909] 1 Ch 311.. [12] (1897) AC 299. [13] [1943] 2 All ER 763. [14] [1960] Ch 1. [15] (1876) 1 Ex D 88. [16] [1915] 1Ch 881 at 897.

Sunday, May 17, 2020

The Iconic Lives of Johann Sebastian Bach and Ludwig van...

In this essay I will be talking about two of the most iconic musicians of their times and even today. Johann Sebastian Bach from the Baroque era and Ludwig van Beethoven from the classical era. Both of those musicians were a great influences to our music culture today. Here I will try to compare their musical lives and talk about each of the musicians. I will look into their works and compare their styles, rhythm, texture, form, melodic contour, harmonic orientation and the time of each composition. We will look into live styles, music background and major contributions of Johann Bach and Ludwig Beethoven. Johann Sebastian Bach was born on March 21st, 1685 in in Eisenach, Thuringia, Germany. He was from a family of musicians and learned to play the harpsichord, violin and the organ. Bach was given a religious education and it affected his life, he was profoundly religious. He first job was a court musician, he worked different positions as an organist which allowed him to write church cantatas. He wrote a number of famous works the Toccata and Fugue in D minor, The Well-Tempered Clavier and Mass in B Minor. In 1723 he was given a position where he can both teach and create church music. In 1733 Bach created Mass in B Minor that got him a position as a royal court composer to the King of Poland. Bach created The Art of Fugue in 1749 and on July 28 in 1749 he passed away after having a stroke. He is known to be a composer that can put notes together like no one else. LudwigShow MoreRelatedDisney Golden Age Of Animation2192 Words   |  9 PagesSugar Era†, due to its dramatic jumps from dark to ‘sweet’. In just about every way these films pushed the limit of filmmaking. This era also includes the first and only time that breasts were openly shown in a Disney film, found in Fantasia. 2. Live action open a)Conductor as narrator b) Reminded of Early Childhood Centers where we encourage children to paint to the music...and having resulting conversations about their representations. Especially in this first piece! The animation did little

Wednesday, May 6, 2020

Corporal Punishment A Form Of Discipline For Some Parents

Corporal punishment is used as a form of discipline for some parents. Corporal punishment can involve acts such as spanking, and can be viewed through a child’s perspective or an adult centered perspective. However, many parents are unaware of the drastic negative side effects that this form of punishment will have upon a child. These effects can be observed even if the child is spanked a small number of times as expressed by Murray Straus in Ten Myths That Perpetrate Corporal Punishment. Additionally, many parents are ignorant to other forms of disciplines that may be used in place of corporal punishment. A child centered perspective focuses primarily on childhood and valuing the participation of children’s work through play. This is†¦show more content†¦It has been found that corporal punishment can physically change the development of the child’s brain such as the gray matter and the prefrontal cortex (Tomoda et. al). When observing an adult centered perspective, I can relate this to my experiences due to my mother’s attempt to control her children. This need for control is often associated with an adult centered perspective because if adults do not have control over their children, society therefore looks down on them as individuals as well and their parental abilities. My mother excused her acts of corporal punishment as a way of dealing with a child when the child gives you no other options. This is found to be false. Straus explains this in myth 2: Spanking is Needed as a Last Resort. Straus touches on the point that if spanking is truly a parent’s last resort, it may be the worst resort. Straus also highlights how often parents use spanking as a means of relieving their own frustrations, rather than to teach the child right from wrong. Additionally, my brothers live back home in Canada where any form of physical punishment is now ruled illegal throughout the entire country. Therefore, my brother does not parti cipate in corporal punishment with his own children. My mother often explains how this will only result in having spoiled and wild children. Straus also explains how this is false, within myth 6: If You Don’t Spank, Your Children Will Be Spoiled or Run Wild. The only situation that a ‘wild child’ typicallyShow MoreRelatedThe Effects Of Corporal Punishment On Children932 Words   |  4 PagesChildren and Corporal Punishment Punishing children has been one of the most controversial parenting topics this generation has seen. Physical punishment or corporal punishment is simple defined as the use of physical force with the purpose of initiating pain, but not wound, to teach the proper behavior of a child. Corporal punishment has been used for many centuries in schools and in homes but the use of such techniques have since decreased and are not being used in many places today. EvidenceRead MoreNegative Reinforcement Is A Good Form Of Discipline978 Words   |  4 Pagesbe very difficult to those who are parents whether they are a mother a father or a guardian. Parents are obligated to find disciplining techniques that are suitable, and to the world, acceptable. Many people think that negative reinforcement is a good form of discipline, but what they don’t know is its causes increase in the behavior. There are two forms of discipline, as said above it talks about negative reinforcement. Negative reinforcement is where a parent thinks that they are helping the childRead MoreFactors That Influence Middle School Parent s Decision1303 Words   |  6 Pagestendency to abolish corporal punishment have been introduced to challenge old dependence on corporal punishment as a tool for reforming children’s misbehavior, according to Global Report (2008). According to Straus (2001) Corporal punishment is defined as â€Å"the use of physical force with the intentions of causing a child to experience pain, but not injury, for the purpose of this control of the child’s behavior†, corporal punishment was almost universally approved of and used by parents in at least theRead MoreThe Case Against Spanking By Brendan L. Smith910 Words   |  4 PagesSmith, researchers has described that physical abuse and spanking can lead to some serious effects in children. Physical punish ment can lead to aggression, antisocial behavior, and other negative effects physically and emotionally. The research and studies have found evidence of abuse to children in short-terms and long-terms. The physical discipline has been viewed as a violation of Children’s Human Rights. Physical punishment of children became a taboo in 30 countries this legal ban is used only asRead MorePersuasive Speech: Corporal Punishment1625 Words   |  7 Pagesï » ¿Topic: Should Corporal Punishment be used by parents on young children? General Purpose: To persuade Specific Purpose: I want to persuade my audience that corporal punishment should not be a way of punishment and to use other effective punishments. Thesis Statement: Corporal punishment tends to perpetuate a cycle of child abuse. Introduction I.Attention Grabber: â€Å"Corporal punishment is the use of physical force with the intention of causing a child to experience painRead MoreEffects of Corporal Punishment on Children When Used in the Home1354 Words   |  6 PagesEffects of Corporal Punishment on Children When Used in the Home Discussion about corporal punishment is everywhere. It is in the news and in the home, and in education on what is punishment and what is abuse is beginning to rise. Corporal punishment has been used as a disciplinary tool for parents throughout all of Americas history (Gershoff, 2002, p. 1). However, the definition of what corporal punishment actually is, is still unclear to some people and parents. In Wendy Walshs essay, SpankerRead MoreCorporal Punishment And Its Effect On Children1617 Words   |  7 Pages Discipline Styles Parenting styles in the onset of any child’s life is a huge determinate of what their future will turn out to be. Parenting styles are the normative prototypes that parents utilize to socialize and manage their children. Different parents employ different styles of discipline to ensure that their children develop to be all-rounded adults. Children who have been nurtured well by their parents turn up as self-regulated with disciplined behavior. Child discipline is thus a key parentingRead MoreCorporal Punishment: What Are We Teaching Our Kids? Essay1406 Words   |  6 Pagesand fundamentally changed how parents raise their kids. From a child’s nutrition to what your kids should watch on TV have been extensively studied, but none other more than corporal punishment as a means of discipline. Arguably one of the most difficult things any parent has to face when raising a child is discipline. Many parents, whether having their first child or already raising a family, often ask themselves: is corporal punishment an acceptable form of discipline and what effect could it haveRead MoreCorporal Punishment Is A Discipline Method1650 Words   |  7 PagesAccording to criminal law, â€Å"Spanking, also called corporal punishment, is a discipline method in which a person inflicts pain on a child without inflicting injury and with the intent to modify the child’s behavior. Forms of corporal punishment include hitting a child’s bottom, slapping, grabbing, shoving, or hitting a child with a belt or paddle† (Mince-Didier). Supposedly people against spanking define it broadly so that it can be easily be connected to child abuse. People who support spanking tendRead MoreCorporal Punishment And Its Effect On Children1708 Words   |  7 Pagesviewpoint on corporal punishment; some of the reviews take a look at who is most affected by corporal punishment in terms of focusing their lens on race, socio-economic status, gender, culture etc. Some als o take a critical look at the advantages and disadvantages of corporal punishment. Some take a look at the widespread of corporal punishment in the US. Cases against corporal punishment and the effect of corporal punishment on children were also looked into. With all the different ways corporal punishment

Tuesday, May 5, 2020

Develop Teams and Individuals

Question: You are required to develop a Training Needs Analysis(TNA) for a particular area within a workplace of your choice. Align this Training Needs Analysis as per your chosen industry standards. It must be able to identify and analyse the skill gaps of the individual by using a range of methods and sources. Answer: The methodology adopted is the workshops The requirement, for preparing asset evaluation staff by and large, can likewise be evaluated amid a workshop. Alone and in little gatherings, staff can be asked to distinguish what abilities and information they found were expected to do fitting asset appraisal and to help one another in distinguishing zones of change in their work plans and working practices. The explanation behind utilizing workshops and not meets for changeless staffs are: meetings are prolonged and are not achievable for a bigger number of staff inside an obliged timeline. Workshops are useful for social event data and making mindfulness among staff in the meantime. The criteria for selecting staff for investment in Training Needs Assessment workshops are: staff effectively included in exercises identified with marine asset evaluation. Individuals ought to partake in every workshop. In the event that more staff wishes to take an interest in the workshop, they ought to be part of workshops (least four individuals) ideally with homogenous gatherings of staff, e.g. educated senior staff divided from lesser staff and so on. A prescribed technique for utilization amid workshops are the "Pyramid-strategy", by which members are firstly one by one, also two by two and thirdly four by four asked to examine and recognizing certain issues. At last, in gatherings of four or eight, members are asked to discover an agreement to the inquiries given and pick a representative to present the aftereffects of the gathering. Establishing Knowledge and Skill gap The knowledge gap investigation is a valuable for device for helping an organization to keep concentrate on the broad view. By distinguishing where an organization presently stands and where it needs to be, it gets to be less demanding to distinguish how to accomplish the craved level of information all through the organization. Creating a skill crevice investigation commonly includes characterizing the abilities and information needed to finish an undertaking and afterward contrasting an individual's present level with that prerequisite. In the wake of recognizing the crevice between the two, preparation experts work with group to make a plan to cure the circumstances. Deciding the obliged aptitude levels normally incorporates characterizing the occupation obligations when organizations present innovations or methods. Getting Feedback Use of input boxes so as to have an organized methodology for accepting criticisms from the clients. The clients are continually considering ways that the business could be better. Perhaps parts of the site don't exactly provide for them what they're searching. Alternately perhaps they discovered something that is broken. Usually, they won't contact your help group. That just happens if the issue is not kidding. However for the minor disturbances and issues, the client will simply surrender and leave marginally disappointed. Reviews may get the issue in the event that you ask a related inquiry at the ideal time. One wouldn't rely on it. Also, when minoring issues pop up too at times, clients will begin looking for a superior arrangement. Sources of Information Information can originate from essentially anyplace media, web journals, individual encounters, books, diary and magazine articles, master conclusions, reference books, and website pages and the sort of data you need will change relying upon the inquiry you are attempting to reply. References Bailey, A., Gillis, L. (2013). Making the connection: effective ways to link training needs to organizational goals. Gupta, K. (2011). A practical guide to needs assessment. John Wiley Sons. Iqbal, M. Z., Khan, R. A. (2011). The growing concept and uses of training needs assessment: a review with proposed model. Journal of European Industrial Training, 35(5), 439-466. O'leary, M. B., Mortensen, M., Woolley, A. W. (2011). Multiple team membership: A theoretical model of its effects on productivity and learning for individuals and teams. Academy of Management Review, 36(3), 461-478. Mueller, J. S. (2012). Why individuals in larger teams perform worse. Organizational Behavior and Human Decision Processes, 117(1), 111-124. Tannenbaum, S. I., Mathieu, J. E., Salas, E., Cohen, D. (2012). Teams are changing: are research and practice evolving fast enough?. Industrial and Organizational Psychology, 5(1), 2-24.

Sunday, April 19, 2020

Information Systems Essay Example Strategic Systems Planning

What is the apparent value of strategic systems planning during turbulent times when technology shifts occur so frequently? The occurrence of frequent technology shifts give companies a great opportunity to differentiate themselves by cost structure, product feature and service. This is especially true with regards to IT which McFarlan and Nolan (Para 8) state could be used to increase efficiencies and improve cost savings, to support incremental improvement of organizational structure, products, and services, and also to create strategic advantage through changing the rules of competition, extending customer value proposition, extending competitive scope and so on. In this light, it is prudent for organizations to maximize on the opportunities availed by today’s rapidly changing technologies. Strategic information systems and technology planning provides a framework that can help organizations recognize and harnessing these opportunities that are arising out of technology turbulence. Strategic information systems and technology planning is valuable to organizations in such environments where the pace of doing business keeps going up because it reflects a convergence of both means and ends. As means, information systems have become so important to achieving business objectives that they have to be weighed as part of the process of selecting objectives, and not merely act as a means to accomplishing objectives already identified (Pollack 49). As ends, information systems can extend the customer value proposition through provision of new IT-based products and services (McFarlan and Nolan Para 9). Specifically, the intended result of the strategic information systems planning process is to arrive at information systems (IS) strategy that comprises of the Information Strategy, the Information Technology Strategy, the Information Management Strategy and the Change Management and Implementation Strategy (Pollack 51). From each of this sub-sections of the IS strategy, the organization is better able to critically appraise the new technologies, identify those that match its business and organizational strategies and implement them. The ideal situation is that technology should not act as a constraint on a company’s current and emerging business strategy, rather it needs to enable and support them. Further, regardless of the whether times are turbulent or not, in a rapidly changing technology landscape or not, the merits of strategic systems planning that an organization is bound to experience have been well documented by several authors such as Steiner. Some of these merits include application of the systems approach, introduction of new set of decision forces, creating channels of communication and creating a framework for making decision (Steiner 38). A good example of the value of evaluating the company using the systems approach is that it permits management to view the organization as a whole and not as a sum of parts. This way the organization can unearth the interrelationships of its different units and how new technologies will affect these interrelationships. Finally, conducting strategic systems planning during turbulent times provides the company with an ability to iterate quickly around the loop: identify, adopt, measure and learn. When opportunities are presented by the technology shifts it is paramount for organizations to respond quickly in order to take advantage. As Pollack (50) states: â€Å"some rapid responses may be viewed later as failed experiments, but that may prove to be better than a lost opportunity.† Works Cited McFarlan, F. W, and Richard L Nolan. â€Å"Does IT Matter? An HBR Debate.† HBS Working Knowledge. 25 Aug. 2003. Web. 29 Jan. 2012. Pollack, Thomas A. â€Å"Strategic Information Systems Planning.† ASCUE 2010 Proceedings. North Myrtle Beach, SC: ASCUE, 2010. 47-58. Print. Steiner, George A. Strategic Planning. New York: The Free Press, 1979. Print. Take Our Academic Assistance Now There is not a speck of doubt in the fact that we are one of the most professional academic writing services you can ever find online. Don’t you want to benefit from such a service? You sure do. Tell us to forward you the login details.

Sunday, March 15, 2020

Fall of rome essays

Fall of rome essays The Roman Empire is possibly the greatest Empire ever in the history of the world. For over a thousand years the Romans ruled and dominated the area around the Mediterranean as well as most of what is now Europe as well as Asia Minor or the Middle East. In Rome was found one of the wealthiest and most extravagant cultures in the world, Rome for a while also had a great system of government and a great military. The collapse of Rome did not happen quickly, in fact it never really died just the idea of an Empire did. For most of its history the governing body of Rome was a republic where the wealthy dominated the important decisions. Struggle always surrounded from lesser class people or Plebeians attempting to gain political equality and power. The culture became more garbage and the leaders became corrupt and power hungry. As the Empire expanded more money came in and the wealthy benefited from it, while farmers and workers began to fall into poverty. A greater class of plebeians became prevalent and when the demanded equality they were massacred and forgotten about. This lead to turmoil and civil wars for a very long time until Julius Caesar made reforms and changed the system of government, this fell apart after his murder and lead back to civil wars and the inevitable fall of the empire. After the Golden age there were constant struggles for power, at one point there were 26 emperors in a 50 year period, which can bring no stability at all. People fought and killed others for the throne. The economy struggled badly throughout this whole period and measures were taken to try to bring back the power and prominence of the early Empire, this even lead to Emperor Diocletian splitting the empire into two halves. The eastern empire was prosperous and the reforms of the emperors Diocletian and Constantine provided some stability however there were more problems to come. Constant invasions by The Huns as well as pers ...

Thursday, February 27, 2020

Behavioural Finance Implications on Personal Investment Decisions Essay

Behavioural Finance Implications on Personal Investment Decisions - Essay Example This calls for better understanding and insight of the nature of human in the current global outlook, plus advancement of fine skills and the capability to achieve the best from investments. Furthermore, investors need to develop foresight, positive vision, drive and perseverance (BAKER, & NOFSINGER, 2010: p23). Investors vary in all features due to factors such as demographic factors, which entail educational achievement level, socio-economic background, sex, age, and race. The most critical hurdle faced by investors is in the region of investment choices. The most favourable investment decision is a vital consideration and should be proactive in nature. During the design of the investment portfolio, of key consideration should be their financial objectives, the level of risk tolerance, as well as other restrictions. Furthermore, they have to forecast the product mean-variance optimization. This procedure is best appropriate for institutional investors, and more often than not fails for people, who are vulnerable to behavioural prejudice. In the current circumstances, behavioural finance is increasingly attaining an integral position in the decision-making procedure, since it increasingly affects the performance of investors (SHEFRIN, 2007: p77). Investors can better their performance by identifying errors and biases of judgement, which are common to every human being. Comprehending the behavioural finance will play a vital role in enabling the investors to adopt a better investment mechanism and evade future repetition of costly errors. The relevant issues of this investigative study are how to reduce or abolish the psychological prejudices in investment decision procedure. According to the conventional financial theory, makers of decisions are logical. On the contrary, modern theories propose that the decision- making carried out by investors are not propelled by due deliberations (POMPIAN, 2012: p45). The decisions carried out by the investors are also freq uently inconsistent. In other words, decisions made by humans are prone to numerous cognitive illusions. They are categorised into two types heuristic decision process and process theory. Heuristic decision theory is a decision criterion through which the investors discover things for themselves. It refers to thumb rules, which people utilize to make decisions in uncertain and complicated situations (SCHINDLER, 2007: p86). In reality, the decision-making criteria of investors are not completely reasonable. This may be so even when the investors have gathered the necessary information and purposefully investigated, in which the emotional and mental aspects are entailed. They are not easy to distinguish. Though it may be beneficial sometimes, numerous times it may cause uninformed decision outcomes. First, it includes representativeness. The recent accomplishments of investors tend to proceed into the future (POMPIAN, 2012: p82). The propensity of investors to come up with decisions b ased on history experiences is called stereotype. Recent analyses are leaning towards the failure or success, in their profit projections, the nature of stereotype choices. Secondly, overconfidence is another factor. Several points of views surround confidence, as it accords more courage and is perceived as a key to prosperity. Even though,