Marshal and Gordon Case Essay

Re-appropriating is the contracting out of an organization’s business exercises (capacities and procedures) to an outside specialist co-op where the supplier is capable to do the movement that was as of now, or could be, embraced by the association. Prior redistributing was typically completed for organization’s non-center exercises to set aside cash however now re-appropriating is ubiquitous. Firms are re-appropriating a wide scope of exercises extending from innovative work to advertising, from creation to get together, conveyance to after deals administration. Today, even exercises like security and advertising are redistributed. Prevalently, there are two sort of re-appropriating: With labor †where the administration provider’s representatives work inside the premises of the association. For instance, organization X has redistributed its security division to organization ABC, at that point ABC’s representatives work at the area of organization X. Without labor †the administration provider’s representatives don't work inside the association premises. For instance, if organization X is a gadgets organization and has redistributed the after deals administrations of its items then the administration The world longest strike, which endured about 10 years has reached end by accommodation laborers at the Congress Plaza Hotel in Chicago the evening of 29th may 2013. The strike was begun on June 15, 2003 and the striking specialists had since quite a while ago called for pay and advantage increments and professional stability. IRound The World provider’s representatives work need not work at the parent organization’s area yet will broaden administrations at the customer’s area. Why Outsourcing ï‚ · Save Costs: To spare the expenses related with characterized benefits for changeless representatives in worker's guild contracts and as ensured by different work laws in the nation like ï‚ · Increased Effectiveness: Companies by redistributing non-center exercises can concentrate their assets on the administration of the center exercises prompting improved association viability ï‚ · Access to world class specialists: Outsourcing to particular organizations gives association access to specialists and the most recent advancements for constrained time period for explicit venture related work prompting improved quality ï‚ · Increased adaptability: Outsourcing business capacities to outside specialist co-ops, the association doesn’t need to keep up fixed resources and contribute on foundation. This gives the association adaptability to meet changing business needs and react to the dynamic condition. Laws identified with re-appropriating Outsourcing, as of now examined, is of two kinds: Outsourcing with labor, and re-appropriating without labor. Redistributing without labor When redistributing is managed without labor, it is basically an agreement between two gatherings and just the Indian Contract Act, 1872 (hereinafter alluded to as the ICA) gets relevant. Both the gatherings are limited by the ICA and the provisions of the agreement settled upon by them. Re-appropriating with labor Re-appropriating with labor is likewise basically an agreement between two gatherings and consequently ICA gets pertinent. Be that as it may, in light of the fact that the exercises are done on the premises of the re-appropriating party, the Contract Labor (Regulation and Abolition) Act, 1970 (hereinafter alluded to as CLRA) likewise gets relevant, gave at least twenty laborers are utilized as provisional work in the foundation. In this way more or less, we can say that ICA gets appropriate in all instances of redistributing, though, CLRA gets material just in the event of re-appropriating with labor, gave that the foundation (re-appropriating party) utilizes or had utilized in the first a year, at least twenty laborers as provisional work. Connection between playersâ if there should arise an occurrence of redistributing without labor, the main connection offering the support is the subsequent party. The redistributing association has no connection with the representatives of the subsequent party. In any case, in instances of re-appropriating with labor where CLRA gets pertinent, there are three players, vis-à -vis, Principle Employer, Contractor and Contract Labor. The re-appropriating association is the Principal Employer, the association offering the support is the Contractor, while the representatives of the Contractor chipping away at the premises of the Principal Employer are the Contract Labors. The Contractor is answerable for the wellbeing, government assistance and installment of wages of the Contract Labor. It is just when the contractual worker neglects to meet those duties does the Principal Employer become at risk. In any case, the Principal Employer, according to area 20 and 21 of CLRA, can recoup the expenses acquired for meeting such risk from the Contractor. Manager Employee Relationship Looking at the current situation, with redistributing exercises expanding exponentially, it tends to be said that the business representative relationship is getting to a greater degree a legend. The provisional work, who complete the exercises in the premises of the Principal Employer, are not the ‘employees’ of the Principal Employer. The Principal Employer doesn't recruit, fire, or control the provisional work. Nor is it straightforwardly liable for their wellbeing, government assistance and wages. Along these lines, we can say that there is no immediate connection between Principal Employer and Contract Labor. References: 1. https://en.wikipedia.org/wiki/Outsourcing 2. Padhi, P.K., Labor and Industrial Laws, Eastern Econo-Pratham, a NGO based out of Mumbai, working for youngster advancement declared that it had answered to the police 1,817 instances of kids working it out in concentrated movement in the Mumbai in June, that it spotted during a two-month study. Unmistakably shows that even the crucial rights are simply on paper.

Summary To Preface To The Lyrical Ballads Essay Example

Outline To Preface To The Lyrical Ballads Paper In his Preface to the 1798 version of the Lyrical Ballads, Wordsworth introduced his lovely statement, demonstrating the degree to which he saw his verse, and that of Coleridge, as splitting endlessly from the imitation, technicality or over-detailed and devised nature of eighteenth-century verse. The Preface is itself a gem of English writing, excellent in its clear yet energetic resistance of an abstract style that could be well known without bargaining creative and graceful norms. However it is likewise indispensable for helping us to comprehend what Wordsworth and Coleridge were endeavoring in their assortment of section, and furthermore gives us a methods for surveying how effectively the sonnets themselves satisfy the principles plot in the Preface. The Preface covers various issues and is wide-extending in its overview of the spot of the Lyrical Ballads on the contemporary abstract scene. The themes secured incorporate the accompanying: 1. The Principal object of the sonnets. Wordsworth, in this concentrate, puts the accentuation on the endeavor to manage regular (as opposed to cosmopolitan) man, contending that such men live a lot nearer to nature and, consequently, are nearer to the well-springs of human instinct. Behind this, we can perceive the amount Wordsworth owes to that eighteenth-century distraction with characteristic Man, related especially with the compositions of Rousseau. He sees his verse, in its interests with the lives of men, for example, Michael, as a cure to the fake representations of Man introduced in eighteenth-century verse. The contention is created when he plots his purposes behind managing unassuming and provincial life. 2. For Wordsworth (and Coleridge) this decision of topic essentially includes a reexamining of the Language of verse. Note, in any case, that Wordsworth admits to some permit in cleaning up the language of conventional men. Does this influence the enticement of his hypotheses about characteristic men? 3. This leads Wordsworth to an endeavor to characterize verse and its impacts on the peruser. Wordsworths venture is an optimistic one, and plainly Poetry, for him, has an imperative job in instructing the psyche and reasonableness of his perusers, an ethical reason. This citation shows how significant this altruistic impact is for the peruser. 4. Unavoidably, maybe, the above leads Wordsworth towards asking What is a Poet? His answer represents the hidden presumptions about the artist as the virtuoso, as the unique individual, equipped for re-articulating thought and feeling in order to instruct the peruser. Glossary Article We will compose a custom article test on Summary To Preface To The Lyrical Ballads explicitly for you for just $16.38 $13.9/page Request now We will compose a custom paper test on Summary To Preface To The Lyrical Ballads explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer We will compose a custom paper test on Summary To Preface To The Lyrical Ballads explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer The standard item, at that point proposed in these sonnets was to pick occurrences and circumstances from basic life, and to relate and depict them, all through, quite far in a determination of language truly utilized by men, and , simultaneously, to toss over them a specific shading of creative mind, whereby common things ought to be introduced to the brain in a typical viewpoint; and, further,, or more all, to make these circumstances and episodes intriguing by following in them, really however not conspicuously, the essential laws of our temperament: mostly as respects the way wherein we partner thoughts in a condition of fervor. Modest and provincial life Modest and provincial life was by and large picked, on the grounds that in that condition, the fundamental interests of the heart locate a superior soil wherein they can accomplish their development, are less under limitation, and talk a plainer and progressively vehement language; in light of the fact that in that state of life, our basic emotions exist together in a condition of more noteworthy straightforwardness, and thus, might be all the more precisely thought about, and all the more persuasively imparted; on the grounds that the habits of country life grow from these rudimentary sentiments, and, from the important character of rustic occupations, are all the more effortlessly fathomed, and are increasingly strong; and ultimately, on the grounds that in that condition the interests of men are consolidated with the excellent and perpetual types of nature. Language The language, as well, of these men has been embraced (sanitized to be sure from what seem, by all accounts, to be its genuine imperfections, from all enduring and reasonable reasons for abhorrence and sicken) in light of the fact that such men hourly speak with the best items from which with the best piece of language is initially determined; and on the grounds that, from their position in the public eye and the equality and tight hover of their intercourse, being less affected by social assortment, they pass on their sentiments and ideas in basic and unelaborated articulations. In like manner, such a language, emerging out of the rehashed understanding and ordinary emotions is an increasingly lasting, and an unquestionably progressively philosophical language, than that which is every now and again fill in for it by Poets, who believe that they are presenting honor upon themselves and their craft, in extent as they separate themselves from the feelings of men, and enjoy self-assert ive and eccentric propensities for articulation, so as to outfit nourishment for whimsical hungers, of their own creation. Meaning of verse For all great verse is the unconstrained flood of ground-breaking feeling: and however this be valid, Poems to which any esteem can be joined were never created on any assortment of subjects yet by a man who, being equipped with more than expected natural reasonableness, had additionally thought long and profoundly. For our proceeded deluges of feeling are altered and coordinated by our considerations, which are for sure the delegate of all our past emotions; and, as by mulling over the connection of these general agents to one another, we find what is extremely critical to men, so by the reiteration and continuation of this demonstration, our sentiments will be associated with significant subjects, till finally, in the event that we be initially had of such reasonableness, such propensities for psyche will be created, that by obeying aimlessly and precisely the driving forces of these propensities, we will depict questions, and articulate suppositions of such a nature, and in such a ssociation with one another, that the comprehension of the Reader should fundamentally be in some degree edified, and his expressions of love fortified and cleaned. What is a Poet? He is a man addressing men: a man, it is valid, invested with all the more energetic reasonableness, more eagerness and delicacy, who has a more noteworthy information on human instinct, and a progressively complete soul, than one expected to be regular among humankind; a man satisfied with his own interests and volitions, and who celebrates more than other men in the soul of life that is in him; pleasing to think about comparable volitions and interests as showed in the goings-on of the Universe, and routinely constrained to make them where he doesn't discover them. To these characteristics he has added an aura to be influenced more than other men by missing things as though they were available; a capacity of conjuring up in himself interests, which are in fact a long way from being those delivered by genuine occasions yet (particularly in those pieces of the general compassion which are satisfying and awesome) accomplish all the more about recall the interests created by genuine occasions, than anything which, from the movements of their own personalities only, other men are acclimated with feel in themselves:- whence, and from training, he has obtained a more noteworthy status and force in communicating what he thinks and believes, and particularly those considerations and sentiments which, voluntarily, or from the structure of his own psyche, emerge in him without prompt outer fervor.

Automotive E-Coat Paint Process Simulation Using FEA Free Essays

By applying an electrical flow, a flimsy paint film structures veer all the surfaces in contact with the fluid, remembering those surfaces for recessed parts of the body. The E-coat paint process stores a slender paint film on the car body affected by a voltage inclination of around 200 to 300 volts. The water-based E-cover paint shower is conductive with a variety of anodes that reaches out into the shower conveying a DC momentum. We will compose a custom exposition test on Car E-Coat Paint Process Simulation Using FEA or then again any comparative subject just for you Request Now The paint film that structures has physical properties that oppose consumption (these show up simply after the car body has been restored in a stove). Nonetheless, as the paint film frames, its electrical obstruction increments. In the previous quite a long while, two-dimensional (2-D) FEE models of the E-coat paint process have been produced for explicit or constrained applications. In this paper, we talk about a general three-dimensional (3-D) FEE technique utilizing ALGER programming. This technique can mimic the arrangement of the E-coat film and would thus be able to anticipate its thickness anytime on the outside of the car body. Operational factors, for example, voltages and procedure length, are utilized to reenact the time-subordinate communication among the car body, the expanding paint layer and the fluid meager the E-coat shower. The strategy depends on a semi static method that represents the changing material properties of the paint layer. A semi static methodology is fitting on the grounds that the time required for the electric field to be set up is a lot littler than the term of the paint affidavit process. The real time is reenacted by thinking about a progression of time steps, every one of which requires an electrostatic arrangement. The E-coat film thickness is refreshed during each time step. An essential concern is the manner by which to display the changing FEE geometry because of the development of the E-coat film. Innovation has been built up that is fit for creating a film of indicated thickness (as a component of position) on the car body. In view of balance along the longitudinal hub of the car body, just a large portion of the body was displayed. What's more, an encasing box was built around the car body and highlights were made for the conceivable anode areas. By and large, there is minimal electrical connection between two neighboring car bodies. Any net electrical flow that streams into the main and trailing surfaces of the encasing box is viewed as immaterial. The space between the outside of this crate and the car body will be considered as the E-coat paint shower. Moreover, the development of the E-coat film is thought to be opposite to the outside of the car body consistently. Research center trials can set up an exact gauge of the affidavit coefficient of the E-coat film that structures in light of the progression of electrical momentum. The consequence of intrigue is the progression of DC electrical flow that causes the E-coat film to frame. The development of the E-coat film is subject to the quantity of Coulombs that are turned. In every emphasis, the FEE model is tackled for electrical flow stream from which the E-coat film thickness would then be able to be determined. The material properties for every one of the components where the E-coat film creates are likewise changed in light of the development in the E-coat film thickness. Another element of a run of the mill car E-coat paint framework is the utilization of numerous voltage zones and varying areas where the anodes are put in the E-coat shower. These variables influence the use of voltages in the FEE model. The proper voltage esteems must be included or refreshed for each new cycle as required. The essential utilization of the technique is to foresee how, as the paint layer frames, the viable electrical opposition builds, which prompts the flow to search out less resistive ways. Despite the fact that the paint film that structures has radically decreased conductivity contrasted with the encompassing E-coat paint shower, it isn't sufficient to stop its proceeded with development past the ideal thickness which is commonly around 25 p. A 3-D FEE model of the E-coat paint procedure would not just assistance he originators of another car body get a progressively uniform paint dissemination, however could be profitable to existing get together plants, as they investigate intends to decrease costs just as make enhancements to existing structures. It is notable that the format of the anodes and the car body significantly affect the general electrical opposition of the framework, and along these lines the measure of flow that must be conveyed. In certain conditions, get together plants are confronted with the test of acquiring a satisfactory E-coat paint thickness on uncovered pieces of the car odd, while staying away from a deficient thickness in recessed areas. The standard arrangement is to expand the general voltage, which brings about more noteworthy vitality and material expenses. The subsequent E-coat paint thickness accomplished on the uncovered pieces of the body is especially expensive on the grounds that it accommodates no extra erosion insurance. Utilizing the technique talked about in this paper, specialists can play out an assortment of streamlining practices without bringing about the significant expenses or dangers of making operational changes to the current E-coat paint process at a get together plant. The most effective method to refer to Automotive E-Coat Paint Process Simulation Using FEA, Essays

America Politics Paper Why America Wants a Third Party - 1100 Words

America Politics Paper: Why America Wants a Third Party (Essay Sample) Content: Why America Wants a Third Party[Many Americans today are faced with a difficult decision this presidential election year because the candidates seem so extremely opposite from each other, and there doesnt seem to be a middle ground between them. Sixty-percent of Americans are calling for a third party, according to Gallup.com, and this has been the climate for approximately ten years (McCarthy, 2015). In this essay, I will discuss the reasons why I am included in that percentage by feeling the need for a third political party in the USA.I am not fond of politics, but this years race for the presidency is getting everyones attention because of some surprising events, unforgiving situations and unbelievable remarks. Even I am getting more involved in this election due to its high profile and daily developments, and I feel that I must go to an extreme if I choose either candidate. Im not an extremist, so this is uncomfortable for me and leaves me wanting for better choic es.From my perspective, most of the voters I know are tired of the division and fighting amongst the parties and are ready for change. I think the whole system has become corrupt and probably impossible to navigate through, even for the honest politicians. Our country is in desperate need of leadership that works together, but the way the system is set-up now, it almost guarantees failure and separation (Eberhard, 2016).Ive often heard that things have to change from the bottom up- it starts with the individuals and small groups and trickles its way upward to the top where the change is truly needed. But, on the other hand, another perspective states that Americans have already had third parties, such as Ralph Naders Green Party. Other analysts claim that it would take extreme measures, and then the third party probably couldnt stand on its own against the Democrats and the GOP (Williams, 2015). Still, the current system isnt working, and the only way to improve it is change.As we s tand on the historical threshold of this election race, I feel that change is indeed on the way, whether we want it or not. No matter whom ends up as the President of the United States, both candidates represent such opposite positions that it will definitely make ripples of change with either choice. Many of the people I know are settling  for the least-harmful candidate in their opinion, or are not voting at all this election. I myself have not made a final decision because neither candidate meets my standards. And if we did have a third party right now, I guess theres no guarantee that it would truly be the right solution either, but I feel that almost anything is better than the way it is today. In the end, o...

Why Software Systems Fail Essay - 4130 Words

Why Software Systems Fail 1.0 IntroductionIn this report I will be concentrating on the failure of software systems. To understand why software systems fail we need to understand what are software systems. Software systems are a type of information system. This is because a software system is basically a means for hardware to process information. Flynn’s definition of an information system is:An information system provides procedures to record and make available information, concerning part of an organization, to assist organization-related activities.Humans have been processing information manually for thousands of years, but with the vast increase of demand for knowledge this century has meant that a new method of information†¦show more content†¦Political / Commercial pressures - This can lead to developers skipping parts of the system to save time or money. There are also cases of rivalry between sub-contractors, which damages the design of the system.Incorrect analysis and assumptions - P redictions based on incorrect assumptions of the real world or its behaviour.Not properly tested software implemented in a high risk environment - This is almost guaranteed to lead to systems failure.Poor user-interface - Makes it difficult or even impossible for the user to operate the software system.Incorrect fit between software and hardware - Incorrect specification of the hardware type in the brief, or upgrading the hardware without upgrading the software (or vice-versa).Inadequate training given to the operators - The people who have to use the software are not taught properly how to use the software system or they are expected to learn on their own. Over reliance on the software system - The operators expect their software system to work in all conditions and to perform miracles for them.I will be looking at these types of systems failure with examples. 2.1 Poor software design- the Denver airport automated luggage handling systemAn example of poor software design is the Den ver International Airport luggageShow MoreRelatedQuestions On Advance Software Engineering1655 Words   |  7 PagesAdvance Software engineering Midterm-1 Name : Sushma Manjunath Bharadwaj ID: 87298 1. What is a context diagram? Why is a context diagram important to software engineering? How does doing a context diagram improve the safety and reliability of the ultimate software project? (Min 100 words) Solution: Context diagrams are the diagrams that show relationship between the system and external entities. The external entities provide inputs and in turn get output from the system. 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The Reasoning for Tattoos in the US Army Essay - 1231 Words

Tattoos have likely been at the top of the list as the most discussed topic amongst the different social classes. There is a divide between societies understanding of tattoos, those who oppose them identify tattoos as being a form of â€Å"taboo† and is associated with a type of body modification that is seen as distasteful in nature. Others believe tattoos are a form of one’s own self-expression. Although tattoos are subjective to each person, we should not completely rule them out altogether because they are perceived and sometimes deemed inappropriate, that is a form of stereotyping. Being in the U.S Army, maintaining a high level of professionalism is key to good work ethic, it allows opportunities for advancement into leadership roles as†¦show more content†¦In the article â€Å"Body Modification is a Form of Self- mutilation† author Sheila Jeffreys’ argues that tattoos are a form of Self-mutilation, â€Å"Which is more common among females and gay men and are a response to low social status, sexual and physical abuse as well as severe emotional distress of living in a male dominant society. Females are emotionally disassociated from their bodies and self mutilation (tattooing) breaches that barrier and allows them to feel.† For some individuals tattoos are in fact endured to â€Å"feel†, Patricia Roe in Alexis Keinlen’s article â€Å"Skin Deep† explained her reasoning of being tattooed. Roe decided to receive a tattoo in memory of her son Adam, whose untimely death took a toll on her, the tattoo allowed her to have a constant memory of him. â€Å"The pain was one I welcomed at the time, because I chose it for myself when there was so much other emotional pain that I couldn’t control†. Roe’s explanation of her tattoo would likely seem reasonable to an audience that may not understand or oppose tattoos given its origin. Roe didn’t state that she was emotionally disassociated from her body;Show MoreRelatedEssay on Shaving in the Army929 Words   |  4 PagesMosley 1/504 HHC 82nd AB Bco. 1st PLT Medic Shaving in the Army It is important to maintain discipline in the army, because essentially your life depends on it. If you forget to bring the battery to your radio, get lazy and don’t keep a low profile,or just say screw it and do what you want. You can get yourself or someone else killed or maimed for life. And apparently shaving is part of that discipline. 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One was â€Å"Fire does not destroy evidence—it creates it.† Another was â€Å"The fire tells the story. I am just the interpreter.† He cultivated a Sherlock Holmes-like aura of invincibility. Once, he was asked underRead MoreA Picatrix Miscellany52019 Words   |  209 Pageseffects in a way which is unrelated to what has gone before. The first part of this chapter is taken over entire from Jà ¢bir’s Kità ¢b al-Baht, while the second part apparently consists of quotations from that half of the work which has not come down to us. Some of the theories presented are extremely difficult to understand and interpret, as the author himself admits. The main source of the difficulty lies in the fact that the discussion concerns the aether and the sphere of the fixed stars and theirRead MoreAutobilography of Zlatan Ibrahimovic116934 Words   |  468 Pages I had scored goal after goal in Barca, I was lethal too. He couldn t adapt the team after one single guy. I mean: why the hell did he buy me then? 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Law of Business Association Company Law

Questions: 1.Whether Mr. Palmer can be examined by ASIC, for breach of section 184 of the Corporations Act, or not? 2.Whether Mr. Palmer is liable under section 588G of the Corporations Act, or not? Answers: 1. Rule: Section 184 of the Corporations Act, 2001[1] (CA), contains that a director or any other officer of the company would be considered to have committed an offence, when such persons are reckless, as well as, intentionally dishonest, and fails to discharge their duties, and exercise their powers, for the proper purpose[2], and in good faith, which is in the best interests of the company. Further, this section states that a director, an employee, or any other officer of the company would be considered to have committed an offence, if they use their position[3] in a dishonest manner, recklessly, or with the purpose of attaining an benefit for themselves, or for another person, in a direct or indirect manner, or for the disadvantage of the company. When a person, who had access to crucial information relating to the company, by being the director, officer, or employee of the company, uses such information[4] recklessly or with an intention of gaining an advantage for themselves, o r for someone else, in a direct or indirect manner, would be considered to have committed an offence, when such information is used dishonestly. In the case of Grimaldi v Chameleon Mining NL[5], it was established that there is no distinction among a shadow director, a de facto director or a formally appointed director. A director of the company, whether he is appointed as such or not, has the obligation to operate in good faith, as well as in best interests of the corporation. Such director has to apply the necessary diligence, along with care, and has to steer clear of all conflict of interests. Section 9 of the CA, defines the director[6] as an individual who is not truly appointed, although operates in the place of a director; or such an individual according to whose wishes or instructions, the directors of the company act. The Australian Securities and Investments Commission (ASIC) has been given the powers, under section 13(1) (a) of the ASIC Act[7], to investigate[8] any suspected contravention of the CA. These investigative powers include the power to investigate a director for the suspected breach of the duties of the directors as stated in this Act. The enforcement activities as well as the investigative activities of the ASIC ensure fair play by protecting the interests of the shareholders, creditors, and the corporations[9]. As per Section 422 of the CA, a receiver has to file a report to the ASIC when it seems that a member or an officer of the corporation has committed an offence, relating to the corporation[10]. For a liquidator[11], such report has to be filed under Section 533 of the CA. After receiving such a report from a liquidator or a receiver, the ASIC may, at its discretion[12] decide, whether or not, to investigate a matter under the Section 15 of the ASIC Act. As per Section 50 of the ASIC Act, the ASIC has the authority to commence and continue civil proceedings[13] in the name of the company, when during an investigation, the ASIC considers it necessary to be done in the public interest, as well as, in the name of a person after proper consent, in a written manner, has been obtained from such a person. In the case of ASC v Deloitte Touche Tohmatsu[14], the Federal Court emphasized on this discretion of the ASIC. In cases where the corporation fails, the powers of ASIC regarding the investigation and enforcement can be invoked. Such investigations are concerned with the determination of the knowledge of the directors, auditors or the officers of the company regarding the true state of the affairs of the company. Such investigations are carried with the association of the Commonwealth Director of Public Prosecutions (DDP) and the Australian Federal Police (AFP)[15]. When an investigation of carried in the matter of a suspected infringement of the corporations legislations[16], as stated in the Section 5 of the ASIC Act, as well as, the CA[17], or when a report is sent by a liquidator or a receiver, the ASIC prepares a final report[18] on such an investigation as per the section 17(1) of the ASIC Act. When such a report covers a serious contravention of the Commonwealth law, or the State or Territory laws, the ASIC forwards such report to the AFP, DDP or the National Crime Authority for further investigation[19]. Section 49 of the ASIC Act, gives ASIC the powers to lay down the charges against an individual, who has or who seems to have committed an offence[20] under the CA. As per this section, the ASIC prosecutes such offenders who can be dealt by way of a summary prosecution. However, when the offences are serious in nature, the DPP prosecutes in such circumstances. An intentional misuse of the position of a director of a company, in order to obtain financial gains; and the decisions of the directors to carry on the trading even when the corporation is insolvent, are some of the examples of serious offences[21]. ASIC and DPP have an arrangement, through which the DPP carries the prosecution of the serious offences. Section 49(5)[22] clearly states that the prosecution by ASIC, does not influence the operations of the Director of Public Prosecutions Act, 1983[23]. As per the arrangement, the ASIC can continue with the summary prosecutions, after laying down the charges, except for the serious offences. Application: Mr. Palmer was a part of the committee that permitted the expenditures, and he had accepted that he used email alias to communicate with the company[24]. The way Mr. Palmer ran the operations at the Queensland Nickel (QN), determines that he was a shadow director. The fact that Mr. Palmer owned QN through two companies, and that the sole director was his nephew, shows that he had control over the affairs of the company. This is because he was such a person, upon whose wishes or instructions, the directors of the company acted. He controlled the operations of QN through the two companies. So, he was a shadow director of QN. Mr. Palmer acted in a reckless manner which was not in good faith or in the interests of QN. He utilized the funds of the company for his benefits, not once but on various occasions. This holds him liable for a criminal offence, under section 184 of the CA. As per Section 422 of the CA, the receiver of QN would have to file a report with the ASIC for the apparent offence committed by the director of QN. In this case, ASIC can, upon its discretion, investigate against Mr. Palmer, for the suspected breach of the duties of the directors, under 13(1)(a) of the ASIC Act. When the charges have been laid down by the ASIC against Mr. Palmer, the DPP would prosecute these offences, being serious in nature. Conclusion: Being a shadow director, Mr. Palmer can be examined by ASIC for breach of section 184, of the CA. 2. Rule: Section 588G of the CA, states it as a duty of the director to prevent such trading which has the effect of making the company insolvent[25]. A person is considered to have committed an offence[26] when a company incurs a debt[27]; and such person was a director of the company at that time[28]; and as a result of the debt, the corporation becomes insolvent or was already insolvent at the instance of incurring such debt[29]; plus the director had suspected that the corporation was insolvent or would become insolvent; and the failure of such an individual to avert the corporation from incurring such liability, was dishonest. The offence covered under subsection (3)(a) attract absolute liability, as defined under section 6.2 of the Criminal Code, and the offences covered under subsection (3)(aa) and (3)(b) attract strict liability, as defined under section 6.1 of the Criminal Code. Application: QN was trading on January 18, 2016, even after it had become insolvent on November 27, 2015. It has already been established that Mr. Palmer was a shadow director of QN. So, the provisions of section 588G (3) are applicable on Mr. Palmer and this attracts strict liability on Mr. Palmer. Conclusion: So, it can be concluded that Mr. Palmer is liable under section 588G of the Corporations Act. Bibliography Articles/Books/Reports Russell Hinchy and Peter McDermott, Company Law (Pearson Education Australia, 2nd ed., 2009) ch 2 Cases ASC v Deloitte Touche Tohmatsu [1996] 753 FCA 1; (1996) 138 ALR 655; (1996) 14 ACLC 1,486; (1996) 21 ACSR 332 Grimaldi v Chameleon Mining NL (No 2) [2012] FCAFC 6 (21 February 2012) Legislation Australian Securities and Investments Commission Act, 2001 (Cth) Corporations Act, 2001 (Cth) Director of Public Prosecutions Act, 1983 (Cth) Others AEST, Was Clive Palmer a shadow director of Queensland Nickel?, The Conversation (online), 13 April, 2016 https://theconversation.com/was-clive-palmer-a-shadow-director-of-queensland-nickel-57642 Tom Middleton, ASIC's Investigation of Corporate Collapses, 2016 https://www.findlaw.com.au/articles/440/asics-investigation-of-corporate-collapses.aspx