Intubation and Mechanical Ventilation of the Asthmatic Patient in Respiratory

List of chapters Abstract Introduction Methods Results Discussion Conclusion References Abstract The title of the article gives an away from of the exploration question to be examined. It is obviously and seriously worded to give perusers an away from of the examination. The main writer works in the Emergency Department of Case Western Reserve School of Medicine, Cleveland, Ohio.Advertising We will compose a custom basic composing test on Intubation and Mechanical Ventilation of the Asthmatic Patient in Respiratory explicitly for you for just $16.05 $11/page Learn More The subsequent writer works in the Division of Pulmonary and Critical Care. Medication, Northwestern University Feinberg School of Medicine, Chicago, Illinois. The last creator works in the Department of Emergency Medicine, American University of Beirut, Beirut, Lebanon. The creators have skill in crisis cases including pneumonic and respiratory conditions. The examination assessed randomized controlled preliminary art icles that were gotten through online quests (Brenner, Corbridge Kazzi, 2009). A sum of 5 randomized controlled preliminaries were investigated on intubation, yet no preliminary was considered on mechanical ventilation. Presentation The writers of his article didn't express any examination speculation or question. They referenced the force of the issue in their basic passages. Be that as it may, they didn't address the criticalness of considering or looking into the information for intubation and mechanical ventilation of intense asthmatic patients. The examiners didn't give any expectations before doing the audits. Proof based investigation audits need to have the hugeness of the examinations, and away from of the result. This was a major inadequacy with respect to the creators. A few examinations have been completed to research and report clinical pertinent information on intubation and mechanical ventilation of intense asthmatic patients (McFadden Jr, 2003). An examination notice d that there are around 2 million crisis visits by patients with intense asthma every year. Different examinations have perceived the significance of intubation and mechanical ventilation in patients with intense asthma. Intubation and mechanical ventilation have been appeared to diminish mortality cases in patients with intense asthma attacksAdvertising Looking for basic composition on wellbeing medication? We should check whether we can support you! Get your first paper with 15% OFF Learn More Most of the examination sources utilized by the creators were later (5-10 years). They gave the creators of the past research credit by refering to them properly. While there is no judgment of past research discoveries, this zone of research has had debates. The debates have prompted more investigations being done to determine the clinical truth (Shapiro, 2001). Strategies The examination survey termed look through on the web. The terms were intubation and mechanical ventilation. The intubat ion search yielded 41 randomized controlled preliminaries and 6 meta-investigations. Just 5 randomized controlled preliminaries were utilized for audits in the examination. The mechanical ventilation search yielded 5 randomized controlled preliminaries and 4 meta-examinations. All the randomized controlled preliminaries and meta-examinations were not considered for survey. The creators looked into writing from the five randomized controlled preliminaries for intubation. Results The creators understands the exploration discoveries by deciphering them suitably. From the writing survey of the 5 randomized controlled preliminaries, the writers picked seven (7) key regions to be tended to. Their decisions depended on their clinical experience. The key regions tended to were: avoidance of intubation, measures for intubation, intubation methods, suitable ventilator settings, post intubation the executives, the executives of ventilated patient and counteraction and treatment of intricacies. Conversation The authors’ conversation enveloped correlation with other research concentrates regarding the matter. The creators perceived the exertion by different scientists in discovering approaches to forestall intubation, and finding the rules for intubation. They likewise tended to the necessities of ventilation in a patient with intense asthma. The creators talked about the issues on post intubation the board, an issue that has been concentrated by past explores widely. Their last territory to examine was avoidance and treatment of confusions emerging from mechanical ventilation and intubation.Advertising We will compose a custom basic composing test on Intubation and Mechanical Ventilation of the Asthmatic Patient in Respiratory explicitly for you for just $16.05 $11/page Learn More Research has shown that difficulties emerge in patients who have experienced intubation and mechanical ventilation. Research suggests fitting techniques for managing such intricacies. Sui table administration of intricacies assists with sparing existences of patients (Lougheed, Fisher O’Donnell, 2006). The creators have neglected to specify the constraints and predispositions, hence they have flopped in giving their decision on the level of clinical pertinence of the examinations. The creators just utilized 5 randomized controlled preliminaries from intubation look. They dismissed different preliminaries that were found and all the meta-investigations articles. Likewise, the writers didn't survey randomized controlled preliminary and meta-investigations articles found on mechanical ventilation. They didn't give the standard for choosing the articles. The quantity of articles utilized for the survey was too not many to even consider giving great end regarding the matter. What's more, the nonattendance of audits of articles on mechanical ventilation made the survey frail. End The article is very pertinent to respiratory expert consideration. The article talks ab out seven key focuses that are of noteworthiness to respiratory expert consideration. The creators have point by point the procedures of intubation and mechanical ventilation in patients with intense asthma. The creators have likewise point by point the suitable moves to be made when complexities emerge from intubation and mechanical ventilation methods. The article gives urgent data applicable to experts in respiratory consideration. References Brenner, B., Corbridge, T., Kazzi, A. (2009). Intubation and mechanical ventilation of the asthmatic patient in respiratory disappointment. Procedures of the American Thoracic Society, 6(4), 371-379. Lougheed, M. D., Fisher, T., O’Donnell, D. E. (2006). Dynamic Hyperinflation During Bronchoconstriction in Asthma Implications for Symptom Perception. Chest Journal, 130(4), 1072-1081.Advertising Searching for basic composition on wellbeing medication? We should check whether we can support you! Get your first paper with 15% OFF Find out More McFadden Jr, E. R. (2003). Intense extreme asthma. American diary of respiratory andâ critical care medication, 168(7), 740-759. Shapiro, J. M. (2001). Serious consideration the board of status asthmaticus. Chest  Journal, 120(5), 1439-1441. This basic composition on Intubation and Mechanical Ventilation of the Asthmatic Patient in Respiratory was composed and presented by client Lance Morales to help you with your own examinations. You are allowed to utilize it for research and reference purposes so as to compose your own paper; in any case, you should refer to it in like manner. You can give your paper here.

Assessment of the Red Bull Business Plan

Appraisal of the Red Bull Business Plan Red Bull is an adjustment of the Thai caffeinated drink Krating Daeng, which implies Red Bull. The organization was established by Thai national Chaleo Yoovidhya and Austrian national Dietrich Mateschitz. Along with his child, Chaleo possesses a controlling 51 percent enthusiasm for the organization; be that as it may, Mateschitz is liable for the companys tasks through the Austrian organization Red Bull GmbH.[1] 1.1 Product Red Bull is a sweet, charged beverage planned to give purchasers the high vitality kick. Accessible just in rather costly 250ml jars, 350ml containers, with 4 packs and just two flavors (unique or without sugar). It contains caffeine, taurine, glucuronolactone, and B nutrients. Established in 1984 by Austrian businessperson Dietrich Mateschitz, Red Bull has become the universes driving caffeinated drink, a staple in numerous youthful, and dynamic people groups lives. 1.2 Competitors Enormous worldwide organizations, for example, Coca Cola and Pepsi have presented their own caffeinated drink renditions to their item base. Mother (by Coca Cola), Amp (Pepsi), V, Battery, 180, RedEye and Bennu being only some in the ever-developing caffeinated drink advertise. Rivalry additionally introduces itself in unique games drinks, for example, Gatorade (Pepsi) and Powerade (Coca Cola). Besides, premixed mixed beverages like the Smirnoff extend structure some portion of the opposition. 1.3 Industry Red Bull has getting colossally fruitful and works inside the worldwide soda pop commercial center. Inside the soda business its specialty is the caffeinated drink advertise, of which Mateschitz was to a great extent liable for making. Red Bull as of now is the main caffeinated drink over the whole globe. It holds 70% of the market around the world (Gschwandtner, 2004). When the beverage was passed by wellbeing services, Red Bull entered the Austrian market, before long at that point moved into Germany, United Kingdom and the USA by 1997. 2. Needs, Wants and Demands fulfilled by Red Bull 2.1 Needs There are three fundamental human needs that Red Bull fulfills, physical, social and individual needs. Human needs are conditions of felt deprivation㠢â‚ ¬Ã¢ ¦ advertisers don't create these necessities; they are a fundamental piece of human makeupà ¢Ã¢â€š ¬Ã‚ ¦People in mechanical social orders may attempt to discover or create objects that will fulfill their requirements. (Kotler et al. 2006) Right off the bat, a physical need is when 4.1. Suggestions For Red Bull To Sustain Their Marketing Momentum The advertising technique of Red Bull can be considered as one of the best one throughout the years. Red Bull has been well known for building a drink brand without depending on broad communications. The focal segment in all promoting exercises of Red Bull was Word-of mouth. In addition, Red Bull additionally made grown-up animation commercial, pushed preliminary program, concocted a broad system of occasions, supported driving competitors of outrageous games and marked refrigerated deals units to finish their promoting methodology. In any case, so as to continue the showcasing achievement, other than their conventional advertising effort, we imagine that Red Bull need to take the accompanying activities: Ø Boosting mass-showcasing effort to install the picture of Red Bull a caffeinated drink-in clients minds: in the current unforgiving rivalry advertise, where various brands of caffeinated drinks are accessible, it is difficult for Red Bull to keep their situation as the first decision in quite a while minds when they need a caffeinated drink if clients don't have opportunity to see the picture of Red Bull normally. In this way, presently it is the ideal opportunity for them to utilize different apparatuses like announcements, flag advertisements or banners at the open spots to augment contact with clients. Ø Increasing publicizing on the web: as the web is so well known now and an ever increasing number of individuals invest a lot of their energy riding the web, Red Bull additionally needs to advance their image through certain exercises on the web like making some outrageous games on the web and promoting on suitable sites which are very acquainted with understudies and specialists in various nations. Ø Diversifying their items: Red Bull should demonstrate their development to clients to refresh the picture just as to make passage boundaries against different contenders through item expansion. They can present new sorts of drink with more nutrient in addition to or more flavors yet they need to ensure that the new sorts are additionally caffeinated beverages to keep up the Red Bull Equity Red Bull Brand Equity As indicated by Keller (2008, p 53), brand value is the solid, positive and interesting brand relationship in the memory of clients. He proceeds to recognize (p 54) two wellsprings of brand value: 1.) Brand Awareness; and 2.) Brand Image. Red Bull has all around characterized strategies for the two sources. The Brand Awareness Source for Red Bull Brand Equity Keller (p 54) takes note of the key components of Brand Awareness: 1.) Recognition; and 2.) Recall. He proposes that on the off chance that purchase choices are made at the purpose of procurement, at that point brand name, logo, bundling and different components of brand acknowledgment are significant elements. On the off chance that the purchase choice is made before showing up at the purpose of procurement, at that point brand review is midway significant. Duncan (2005, p 140) presumes that low-association buy is typically accomplished for items that are moderately modest, purchased every now and again, and are okay. In such cases, notwithstanding customary promoting with its scope and recurrence drills, it is profitable to invest energy getting the name, logo and bundling right. Red Bull did only this. The Pearson Case Study 4 (2006, p 70) depicts how Red Bull chosen a particular, thin can. They additionally made a noticeable and eye-getting logo of two bulls and a yellow sun. Bundle wording adequately imparts the items benefits: Energy Drink. The bundling is a significant piece of the marking, as we may expect for a low-contribution item. Pearson Case Study 4 goes on (p 70) to take note of that changing the deliberately chosen bundle components, in Germany subbing a glass bottle for the thin can, brought about a sensational drop off in deals. To expand brand review, Keller (p 55) prompts that a motto or a jingle can set up the memory linkages that improve review. Pearson Case Study 4 (p 69) relates that Red Bull built up a viable motto, Red Bull gives you wiiings. They utilize small promoting however when they do it consistes of bizarre enlivened shorts that end with the Case 2 Red Bull Red Bull, utilizing offbeat showcasing strategies, has particularly situated itself in the drink business. Red Bulls exceptional situating has permitted it to catch a lot of the vitality refreshment piece of the pie in the nations it is circulated in. In spite of the fact that the companys money related data isn't discharged to the general population, it seems Red Bulls advertising procedures have been fruitful as far as piece of the overall industry, income, and units sold. While I for one think in general the strategies will demonstrate fruitful for quite a long time to come, the equivalent puzzling quality encompassing the beverage that has demonstrated effective right now in like manner can possibly dissolve the brands value later on. Remarkable situating procedures focusing on secondary school burnouts and understudies, nightclubbers, and competitors have manufactured the brands value. Grassroots promoting efforts underscore the beverages picture similar to a cool and in vogue drink for cool and popular youthful grown-ups. Verbal exchange and a purposefully obscure technique have made the brand puzzling. By not accentuating what the organization itself feels are the items qualities, it permits shoppers to choose for themselves, just as encourages the rise of bits of gossip, some very freakish, adding to the beverages saw esteem and expanding the brands value. Red Bull doesn't have a latent hand, be that as it may, in the advertising of its caffeinated drink. The organization gives understudies free beverages to part with at parties and possesses sports groups and occasions. These marking occasions, flighty as they seem to be, adjust well to the items saw unusualness, and are solid components of the brands solid value, a large number of the strategies, including those adding to the absence of open data concerning the organization and the Red Bull drink, likewise give the possibility to dissolve the brands value. Wellbeing authorities have worries over its fixings and it has not been endorsed available to be purchased in Canada or France. It has been connected to various passings and it shows up especially hazardous when blended in with liquor. The organization likewise has made false narratives. As Bob Walker states in his article Observer Bull Marketing, Red Bull has never let reality hinder its image message. As an ever increasing number of purchasers are turning out to be wellbeing cognizant expending less starches and sugars, searching out natural nourishments, and being fatigued of what they put in there bodies, they will be less inclined to drink Red Bull, particularly with the vulnerability in regards with the impacts of its fixings. I have never had a Red Bull and would not place something made of elements of dubious impacts in my body. Further, despite the fact that the organization battles it doesn't advertise Red Bull in bars or for use related to liquor, numerous bars convey Red Bull and most of Red Bulls school matured purchasers savor it combination with liquor, especially with vodka, an undeniable risky blend, as Red Bull is an upper and liquor is a depressant. In spite of the fact that I may not be illustrative of most of buyers, the companys to some degree inadequate corporate morals make me mindful of confiding in the brand and needing to attempt its beverage. As the quant ity of detailed passings increment and hypothesis over its possibly unsafe wellbeing impacts develops, brand value will probably dissolve. While one may contend these variables serve to additionally add to the brands persona and accordingly increment value, after some time I consider need open data and an expansion in pessimistic exposure will disintegrate the brands value. The way that France and Canad

The 15 Commandments of Effective Communication

The 15 Commandments of Effective Communication Human beings are social creatures. It is impossible to live without interacting with fellow human beings. You get raised by a family, go to school where you have to interact with fellow students and teachers, and have to interact with other people in society. In the course of your day to day life, you have to interact with your coworkers, clients, other commuters, shop attendants, and so on. All these interactions would be impossible without communication. With communication being such an essential part of life, it is important to ensure that you are an effective communicator. Without the ability to communicate effectively, you will have a hard time succeeding in any social undertaking, whether that is acquiring a job and keeping a job, getting investors for your project, impressing your crush or meeting your in-laws. To help you become better at communication and therefore improve the quality of your social and professional interactions, we take a look at the 15 commandments of effe ctive communication that you should always keep in mind.  1. BE A GOOD LISTENERThe first commandment of effective communication is listening. You cannot communicate effectively if you do not know what your audience wants or needs. You cannot put yourself in their shoes to see things from their perspective. Therefore, it will be difficult to sway their opinions since it will be obvious that you do not understand what they are saying and are just preaching at them.Listening has been identified by the United States Department of Labor Secretary’s Commission on Achieving Necessary Skills (SCANS) as one of the key five competencies and three foundational skills necessary for people coming into the workforce. Listening skills enable employees to build a good rapport with their employers, managers, coworkers, and clients, which in turn enables them to more effectively communicate in the workplace environment. Below are some tips on how to become a better listener:Maintain eye contact wit h the person speaking.Do not interrupt.Don’t fidget â€" it’s distracting, rude, and implies you are impatient or have better things to do.Listen to understand, not just to respond.Read the speaker’s body language, facial expressions, and other non-verbal cues.Control your emotions â€" don’t let you anger, fear, or worry distract you from listening.Put aside your bias or prejudice against the speaker as it will interfere with your ability to listen.2. CLARIFY YOUR IDEAS BEFORE YOU COMMUNICATE THEMBefore any word comes out of your mouth, take a moment to think. A systematic analysis of your idea simplifies and clarifies it. Communication planning is a critical step that many people often skip, which is why their interactions don’t turn out well. Winging it may look badass in the movies, but in real life, that is how you ruin interviews, business negotiations, job applications, articles, speeches, announcements, appeals for donations from well-wishers, and so on. Before you s tart communicating something, take a moment to think about what you want to say and ask yourself the following questions: What is my message? What do I want to achieve from this communication? How do I want my audience to react to my message? Who am I speaking to and what is the best way to communicate to them so that they understand me and react how I want them to?3. PRACTICE EMPATHYEmpathy is one of the key abilities that are used to gauge emotional intelligence. According to TalentSmart, 90% of top performers have high EQs and EQ is responsible for 58% of an employee’s job performance. Empathy in communication is the ability to understand your audience, their emotions, possible reactions to your message, attitudes, history, and any other information about them that will enable you to craft your message in a way that will not offend them, that they will understand, and that will win them over to your ideas. When communicating, you should use empathy to predict how your audience will feel when you communicate your message to them. You can then plan the best words and approach to use in your message so as to avoid antagonizing your audience. If you can see the world through their eyes, you can communicate in a way they can relate to, and you will be able to influence their reactions to your message. Below are some questions you should ask yourself in order to infuse your communication with empathy:Who is my audience?What are their beliefs or attitudes?What is their history?What is our relationship?How do they perceive me?How are they likely to react to my message?4. CONSIDER THE CONTEXTContext is the setting in which the communication happens. It may be formal or informal. It includes other dimensions such as the environment, the social activity, the goals of the group, the individuals involved and their relationships, the social dynamics, and so on. All these are things you should keep in mind when communicating. Ignoring context when communicating is commi tting communication suicide. Imagine, for instance, talking to your boss and having a conversation that goes something like this.You: “Yo, what’s happening?”Boss: “I am quite fine, thank you. You are late.”You: “It’s alright, don’t worry about it. I am here now, ain’t I? Boss: Why were you late?You: “I was at a party till late in the night, guess I didn’t hear my alarm this morning.”What do you think will happen here? Of course you are going to get fired, or at least get a warning. If this was your coworker, with whom you are working at the same level, there would be nothing wrong with the above conversation. Communicating this way to your superior, however, is career suicide. This shows the importance of context; you don’t talk to your boss the way you talk to your coworker. Apply this rule to all every time you communicate and you will see a tremendous improvement in your communication. Below are a few pointers on how to use context in communication.Consi der the physical context: for instance, how you talk to your coworker at the office is not how you talk to them if you meet in a club. How you give a speech in a public square is not how you would give it in a church.Consider the social dynamics: for instance, talking to a married couple is not the same as speaking to siblings.What activity is taking place: how you talk to your coworkers in the office is not the same as how you talk when your office goes out for a teambuilding exercise.Consider the chain of command or authority: know who to accord the highest respect. Respect has levels â€" that’s why the conversation above is appropriate for a coworker but disrespectful to a superior.5. BE CONCISEOne of the cardinal sins people commit when communicating is being long-winded. While the popular notion that our attention spans in the smartphone era are now shorter than a goldfish’s is being busted as a myth, it is no secret that no one is fond of circumlocution, especially when th e speaker or writer is padding his message with unnecessary words to hide the shallowness of his ideas. Effective communication should be carried out swiftly. Always aim to get straight to the point and you will have no problems. Conciseness is the basis of clarity, provided you provide all the important details.Below are some tips that will help you become more concise in your communication:Know what you want to say before you say it.Identify the most important components of your message, those that cannot be left out.Identify keywords that carry enough weight to communicate whole ideas so you don’t have to keep repeating yourself. You can define these keywords for your audience.Control your urge to go off on tangents, for instance telling a story that is not related to your message.Where your message can be quickly encoded in an anecdote, proverb, or poem, do it.Where possible, discourage your audience from posing questions before you are through passing your message. This depen ds on context: while you can enforce this while giving a speech, it would not be possible in an informal conversation and might even appear presumptuous.6. GIVE THE OTHER PERSON A CHANCE TO SPEAKCommunication is a two way process. You don’t want your audience to think you are lecturing them (unless the context is a lecture hall, with you being the lecturer). When people have no voice in a communication, they become defiant, bored, or apathetic. According to a study on allocation of speech in conversation, listeners can cause a rambler to stop monopolizing a conversation by being quiet. So next time you are hogging a conversation and realize that your conversation partner is unusually quiet, it’s time to pull them back in with a query for feedback. Below are examples of questions you might ask to urge you partner to get involved in the conversation. “What do you think?”“What’s your opinion on the matter?”“That’s my point of view, what is yours?”If it’s an email or other written communication you can add this at the end: “I look forward to your response.”“I am interested to hear your reaction.”7. BE RESPECTFULCommunication cannot prosper in an environment of distrust and rudeness. Respect is the fresh air that ensures a healthy relationship between you and your audience, facilitating effective communication. Respect shows that you value the other person. Here are some tips on how to be respectful when communicating.Acknowledge your audience. Don’t just barge in. Say hello if it’s a face-to-face meeting. Start with a salutation, if it is an email. Don’t use sarcasm or cutting remarks. Practice empathy. Know what will hurt their feelings and avoid saying it. Tact and grace are the keywords.Ask for their feedback to show you value their opinion.Use the most acceptable language in that particular context.Do not use vulgar words.Know what is appropriate and inappropriate â€" for instance, knowing when something you want to say is s exist or racist or simply inappropriate given your relationship with the person.8. DON’T GIVE UNSOLICITED ADVICEThis is one of the hardest commandments to keep. Everyone believes their point of view is the best possible way of perceiving the world. Since everyone is unique, there are lots of points of view going around. Naturally, disagreements are inevitable. If you want to be a successful communicator, keep your “free advice” to yourself, unless the context demands it or your audience asks for it. An example of a context that requires advice-giving is a lecturer with his students or a parent with her child.Unsolicited advice is often unwelcome and people do not usually pay any attention to it, though they might nod and say it’s brilliant. Following this rule will require serious impulse control. Your entire body might be willing you to “throw in your two cents”, but ignore it. Focus on the big picture; communicating your message effectively and getting the reaction you desire.9. CREDIBILITY IS NON-NEGOTIABLEIn their book Made to Stick, authors Chip and Dan Heath list seven core principles that you can use to make your idea/message sticky/viral/appealing. One of these principles is credibility. A credible idea is one which your audience will believe to be true. If an idea appears untrue, audiences will shun it. If your aim is to win over your audience or, influencing them to adopt your point of view, you should carefully work on your message and presentation to ensure it comes across as truthful. Below are some tips on how to make your message more credible:Pepper your presentation with statistics and facts. In addition to helping you give more convincing arguments, this will show that you did your research. When people see that you came prepared, they are more likely to trust you.Where appropriate, add personal anecdotes to make the message appeal to your audience on an emotional level. It makes them trust you, root for you, and want to be on the same side as you. It also injects a raw authenticity to your message, which is golden when it comes to effective communication.If you have relevant credentials, ensure your audience is aware of them. For instance, you are more likely to trust a nutritionist who tells you certain foods are unhealthy than a plumber who says the same thing.Build authority in your topic, so whenever you say something related to the topic, people will trust what you say. This is a long-term strategy.10. APPEAL TO EMOTIONAnother of the seven principles for making ideas viral as presented by Dan and Chip Heath is emotion. Emotion (pathos) is also one of three modes of persuasion, together with logos (logic) and ethos (authority), as identified by Aristotle. Appealing to emotion can at times feel manipulative, but it is often effective and even necessary. Case in point: if two people give a speech and one uses dry facts and the other humanizes his speech with stories from his own life, who is the audience more likely to relate with? If you guessed the latter, you are absolutely correct. While facts intimidate and awe us, emotions connect us with the speaker. Use the following tips to inject some emotion in your communication.Tell stories. Stories touch us on a deeper level than facts ever can and make us relate with the message.Use empathy to demonstrate how well you understand their point of view. When you show people that you understand how they feel, they are more inclined to give you an ear â€" the best orators know and practice this technique.Use examples or anecdotes from your personal life to humanize yourself and make you relatable to your audience. When they can understand who you are, they are more likely to trust your opinion.Use metaphors, similes, and other stylistic devices to make your message come to life in your audience’s mind. If you can paint a picture with words, people will remember your message more vividly and will relate easily to it.11. BE SINCEREIn your e ndeavor to attain the results you desire from any communication, it is easy to forget the big picture and tell your audience what they want to hear. This is definitely manipulation. Manipulation may work in the short term, but once people realize you were toying with their minds, they will be repelled by your methods and you lose all credibility. You can see how this plays out in advertising and politics, and how audiences react after it becomes apparent they were being manipulated by cunning operators. If your message is of real value, trust that it will appeal to your audience without any need for lies and misinformation. If you want to come across as sincere, you should:Fact-check the information you pass on to your audience. If it is revealed that your message is based on false information, your credibility will be thrown into question and the validity of your entire message nullified.Be truthful when you are delivering bad news. Do not water it down. Be clear, and do not beat a round the bush. Provided you are tactful, the truth is always better than a half-truth.Be genuine when apologizing. People can sense when you are putting on an act. The same is true for when you express gratitude.Avoid using excess flattery. Give genuine compliments and people will like you. Flattery might seem charming in the moment, but it often leaves a bad after-taste and makes you seem untrustworthy.12. PRACTICE POSITIVITYNobody likes to be continuously criticized. If you see only that which is wrong with your audience, you will put them off. You may not even voice your thoughts, but people will sense what you think about them through your body language. Before you communicate your message, ensure you are not feeling or thinking negative things about the person you are communicating with. This will prevent you from conveying your negative energy through your body language, other non-verbal cues, tone of voice, and choice of words. You should also avoid sarcastic remarks. Instea d, think of something you do like about the person you are communicating with and share it with them as a compliment. If you disagree with the other person, try to find common ground where possible. Above all, craft your message in a way that is not offensive to the other person.13. CONTROL YOUR EMOTIONSEmotions are a double-edged sword. On one hand, when you are passionate, people will give you their attention and trust you. On the other, if you lose control, you might say or do the wrong thing and antagonize them. Before speaking, take a pause to collect your thoughts if you realize you are emotionally riled up. Know which emotions are appropriate for the context. For instance, sorrow would be misplaced when giving a speech oration at a wedding, as would be joy at a funeral. If you find yourself starting to get worked up, breathe in and out slowly, and speak very slowly. Being deliberate in this way will help you regain control of your body and mind.14. BE MINDFUL OF THE NONVERBAL CUES YOU CONVEYNonverbal cues such as tone of voice and body language are key for effective communication. However, they can also be a double-edged sword. If not controlled, they can convey emotions you would wish to keep to yourself. Below are some tips on how to enhance your communication with nonverbal cues.Use facial expressions like smiles, grimaces, winks, and glares where appropriate.Nod or shake your head to emphasize certain points.Use hand gestures sparingly. Hand gestures can be powerful if used at the right time, but sometimes speakers gesticulate absent-mindedly, which distracts the audience.Avoid pacing as it is distracting.Change your tone of voice to add drama to your presentation â€" for instance lowering your voice or suddenly shouting for effect.Maintain an upright posture. Do not slouch.Be mindful of your emotions to avoid betraying negative feelings with your nonverbal cues.15. KNOW WHEN TO BACK DOWN OR COMPROMISESometimes when communicating your message, the f eedback the other person gives may influence an alteration of your opinion. In such a situation, do not be ashamed to back down or to adjust your opinion to accommodate the new information. For instance, when you realize the person you are communicating with has a better argument, let them know that their point of view makes sense and ask them to clarify further. Ask questions to confirm that their point of view truly is better than yours. Once you are convinced that they have the better argument, graciously let them know you have decided their opinion is the better one. If you do not wholly agree with their opinion, point out the parts you do not agree with, and work together to formulate a better overall argument.WRAPPING UPAs a human being, communication is a natural part of life, and the better you are at communicating, the better you will be at navigating social interactions. Without proper communication, cooperation with others becomes difficult, sometimes even leading to conf licts. Luckily, anyone can learn how to be an effective communicator. If you by abide by these 15 commandments, you will have no problem communicating effectively, both in social and professional contexts.

Problem Questions and Answers on Company Law - Free Essay Example

Sample details Pages: 12 Words: 3628 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Essay any type Level High school Tags: Act Essay Did you like this example? Coursework 1 Adam, Belle, Claire and Dennis have decided to set up a new company which is private, limited by shares. Section 1 Incorporation Documentation Memorandum of Association (MoA) Under the Companies Act 1985[1] the Memorandum of Association[2] sets out a companys constitution and objectives. Its also forms the basis of a companys existence, by regulating external affairs (ss 2-6, CA85)[3]. The MoA was significantly simplified later by the Companies Act 2006[4]. Now, it requires the names of the first subscribers. Also under s 8 (1)(b)[5] it states that the first subscribers must be allotted with at least one share and automatically become members of the company. The new act merely evidences the subscribers` intention to form a new company and thus upon registration, the members need to authenticate it[6]. IN01 Form Don’t waste time! Our writers will create an original "Problem Questions and Answers on Company Law" essay for you Create order Along with the MoA, an application for registration and a statement of compliance must be delivered to the Companies House; referred to as the IN01 Form. The CA85 replaced various requirements of the MoA with the Application for Registration[7] (s. 9, CA06)[8], as well as speeding the manual process of the MoA`s content (ss 2 and 10, CA85)[9]. The information required is included in s 9(2), s 9(4), s 9(5) and 9(6) of CA06[10], and briefly this includes the company`s details such as the name, place of registered office, shares, capital, proposed officers and a copy of the company`s AoA. All these need to be delivered to the relevant registrar with the required fee[11]. Part 1 The company is identified by its name and serial number, hence they both need to be unique. As this is a private company, limited by shares, the correct suffix must be placed at the end; Limited or Ltd (s 59 (1), CA06)[12]. The name on the index can be checked by the WebCheck[13]. ABCD Limited is not available as it is already on the registrar. s 66(1), CA06[14] clearly states that a company cannot be registered by the same name as another company in the index of company names(s 1099)[15]. Friends Ltd is free in the registrar. However, it is not advised to use this name as a company FOURFRIENDS LTD is in the registrars index. Technically, you can use 4 Friends Ltd but under s 67(1), CA06[16], the Secretary of State[17] may judge that this will be passed off as a similar name. In that case, the company will have to change its name within 12 months of registration (s 68(2), CA06)[18], unless FOURFRIENDS LTD has given consent for the proposed name to be used. Adam Company Limited is available on the registrar, but in the index a company under the name ADAM COMPANY PUBLIC LIMITED COMPANY is registered. Thus, as stated in Part 1 C. II, this is a matter of the SoS to decide upon. A Thru D Ltd is available on the registrar. Belle Co Ltd is already on the index and thus it cannot be used. See Part 1 C. I. The Red Cross Federation Limited cannot be used. To begin with, this will be interpreted as a misleading name (s 76(1), CA06)[19], as the company has nothing to do with the non-profit Red Cross organisation. In addition, even if the name is not interpreted as misleading, then under the Geneva Conventions Act 1957[20] it cannot be used under any circumstances. s 6(3)[21] Clearly prohibits anyone to use wording that is associated with the Red Cross Organisation[22]. Registered office (s 9 (2)(b), CA06[23]) A company requires a registered office at all times because this is where all communications and notices will be addressed[24]. In addition, under s 86, CA06[25] the registered office is the address stated available for inspection for any register, index or other document; and, that all documents by said company have the address mentioned[26]. A company that is registered in à ¢Ã¢â€š ¬Ã…“England and Walesà ¢Ã¢â€š ¬Ã‚  cannot have a registered office in Scotland or Northern Ireland. Ità ¢Ã¢â€š ¬Ã¢â€ž ¢s a different jurisdiction and upon registration they will have to state in what jurisdiction the company will be; A5 of the IN01 form (s 15 (2)(e), CA06)[27]. If a registered office is required in Scotland or in Northern Ireland, then a new company will have to be formed under the specific jurisdiction[28]. Articles of Association The Articles of Association[29] are the rules of a company and govern its internal affairs. In other words this is the constitution of the company (s 18, CA06[30]). In addition, it forms a statutory contract between its members and the company (s 33[31]). The first Option available on A7 of the IN01 form is to obtain model articles, also known as à ¢Ã¢â€š ¬Ã…“off the shelfà ¢Ã¢â€š ¬Ã‚  (The Companies (Model Articles) Regulations 2008[32]). Option 2 again has to do with à ¢Ã¢â€š ¬Ã…“off the shelfà ¢Ã¢â€š ¬Ã‚  articles but, you can add and/or amend provisions. The additional and/or amended provisions must be attached to the IN01 form. As opposed to Options 1 and 2, Option 3 is entirely new articles. For instance, all the provisions are drafted from scratch, known as bespoke articles; a copy of the bespoke must be submitted with the IN01 form[33]. As they want to amend certain articles, it is advised to use Option 2 and tick the first box (Private limited by shares) Section A8 of the IN01 form refers to entrenched articles. Entrenched articles are specified provisions which may be amended if conditions are met. However, they are more restrictive than those which only require a special resolution. Entrenchment may be made by the articles on formation or an amendment which is agreed by all the members of the company. However, the court can still order a company to alter its articles, even though they are entrenched (ss 22, 23, 24, CA06[34]). Part 2 Proposed Officers A Private company under s 270(1), CA06[35] does not require a company secretary. This however, was not the case before 1st of October 2009, when the CA06 came into force. Under s 283, CA85[36], every company was required to have a secretary. The functions of a companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s secretary are not defined in the acts. However, a better understanding is made in the case of Re Maidstone Buildings Provisions Ltd[37]. The judgment held that à ¢Ã¢â€š ¬Ã…“A secretary is not concerned in the management of the company. Equally, I think he is not concerned in carrying on the business of the company à ¢Ã¢â€š ¬Ã‚ ¦ a person who holds the office of secretary may in some other capacity be concerned in the management of the company`s business[38].à ¢Ã¢â€š ¬Ã‚  A corporate secretary ensures the integrity of the governance framework, and for the efficient administration, for example, ensuring compliance with statutory and regulatory requirements and implementing decisions made by the board. The corporate secretary is not necessarily a human being. As a company secretary is not defined in the act, then for now they might not need a corporate secretary. Yes, everyone can be a director as s 154, CA06[39] states that a private company must have at least one director. Hence, it is possible to have 4 directors. A corporate director is a natural person acting as a director of the company. From the 1st of October 2010 all companies are required to have at least one natural director (s 155, CA06[40]) and his details must be stated in E1 of the IN01 form The à ¢Ã¢â€š ¬Ã…“Usual Residential Address[41]à ¢Ã¢â€š ¬Ã‚  it the usual home address of the natural person acting as the director and will not be available to the public record. Whereas, the à ¢Ã¢â€š ¬Ã…“Service Addressà ¢Ã¢â€š ¬Ã‚  can be used to receive communications by third parties. The à ¢Ã¢â€š ¬Ã…“Service Addressà ¢Ã¢â€š ¬Ã‚  can technically be the same as the à ¢Ã¢â€š ¬Ã…“URAà ¢Ã¢â€š ¬Ã‚ . However, as the à ¢Ã¢â€š ¬Ã…“Service Addressà ¢Ã¢â€š ¬Ã‚  is publicly recorded, it is advised to use a different à ¢Ã¢â€š ¬Ã…“URAà ¢Ã¢â€š ¬Ã‚  so that the information is disclosed from the public. This has replaced the old system where only officers at serious risk could have their residential addresses kept off the public record; and with the old system the registered office could be the same as the à ¢Ã¢â€š ¬Ã…“URAà ¢Ã¢â€š ¬Ã‚ [42]. The necessary information is given in sections D1-D5 of the IN01 Form and it is in accordance with s 165, CA06[43]. Part 3 Statement of Capital As soon as the Companies Act 1985 was in force, a company was required to have a nominal value of shares. This is a fixed amount prescribed by members (s 542, CA06)[44]; in our case, the nominal value is  £1. The Shares can never be issued at a discount (ss 552 and 580, CA06)[45], in other words, lower than their nominal value. The case of Ooregum Gold Mining Co v Roper [1892][46] illustrates this point when it refers to a à ¢Ã¢â€š ¬Ã…“Fixed amountà ¢Ã¢â€š ¬Ã‚  for nominal value. On the other hand, the share premium is the amount received over and above the face value of the shares (anything over  £1) (s 610, CA06)[47]. Generally speaking there are no restrictions on who holds shares, but the company which cannot be a member of itself (Trevor v Whitworth (1887)[48]. However, there are some exceptions stated in s 659, CA06[49]: Treasury shares (s 724, CA06)[50]. Shares may be acquired for the purpose of capital maintenance. Ordinary shares are used to describe the shares of a company with only one class of shares. In the CA06 they are known as à ¢Ã¢â€š ¬Ã…“equity sharesà ¢Ã¢â€š ¬Ã‚ . They are the simplest form of shares and generally carry one vote per share, but have no dividend rights attached to them (s 560)[51]. In contrast, Preference shares give the holder preferential rights, usually in dividends and/or return of capital when winding up the company. Preference shares are not defined in the Act, however, they are eligible to receive automatic à ¢Ã¢â€š ¬Ã…“Fixed preferential cumulative dividendà ¢Ã¢â€š ¬Ã‚ . In other words, shareholders with Preference shares are entitled of any dividends that have been omitted in the past, and if more dividends are left then common shareholders receive those rights[52]. The statement of capital must be completed in F1-F5 of the IN01 form. H. Initial Shareholdings. When filling in section F5 all they need to be aware of is who has ownership of the company. The ownership is determined by the percentage of issued share capital that each shareholder owns. Parts 4 and 5 I. They do not need to complete both parts as part 4 is just for companies limited by guarantee (Charities). However, Part 5 needs to be completed by all companies (Statement of compliance). Final Page J. The fee owed to the companies house for registering depends if it is submitted electronically or by paper and if you need the same-day incorporation service. Below is a breakdown of the fees[53]: Electronic (Software) Same-day:  £30 Normal:  £13 Electronic (Web incorporation Service Normal:  £15 Paper Same-day:  £100 Normal:  £40 *Fees are subject to periodic change. You should always check the Companies House for current fees[54]. Articles of Association K. Tweaking the Articles Yes, referring back to E. II., our clients have chosen to use model articles with certain amendments of provisions. It is permissible to delete the reference to Article 8[55] in 7(1)[56] and Article 8 as long as they attach a copy of the changes before submission. However, Deleting Article 8 might interfere with Article 15[57] in the future. Thus, it is not advised to delete Article 8. Yes, they can change it but ità ¢Ã¢â€š ¬Ã¢â€ž ¢s irrelevant because Article 11(2)[58] states that à ¢Ã¢â€š ¬Ã…“it must never be less than twoà ¢Ã¢â€š ¬Ã‚ . Therefore, this already meets their requirements. Yes, they will have to amend/remove Article 17(1)(a)[59]. Article 26(5) of the model articles ensures that the directors have the authority to refuse anyone to register the transfer of a share. And, under Article 27(2)(a)[60], they may choose to become holder of these shares or have them transferred to another person. The default is two qualifying persons at a meeting (s 318 (2), CA06)[61]. In the scenario that they want to set the quorum at 3, then they will have to add that provision to article 38 of the model articles and again ensure that they attach the copy before registration. The directors have the authority if they decide to use a company seal or not (Article 49 (1))[62]. In that case, there is no need to remove this provision. L. After registration the company still has the power to amend any of its AoA (s 21, CA06[63]), which can be done under a special resolution (must be a resolution by the members passed by 75%) (s 283[64]). However, there are some limitations. For example, a clause limiting the company from amending is invalid as seen in the case of Punt v Symonds Co Ltd[65]. The alterations must be à ¢Ã¢â€š ¬Ã…“for the benefit of the company and the members as a wholeà ¢Ã¢â€š ¬Ã‚ [66]. Allen v Gold Reefs Of West Of Africa Ltd[67], in which it was held that alterations could not be inferred with the court unless the amendments were bona fide for the goodwill of the company, illustrates this point. Any amendments of the articles must again be sent to the registrar (s 26(1), CA06) and published (ss 1077/1078, CA06[68]). M. They should include a clause in the AoA about Erin. However, will she be bound by it? Case law suggests that she wonà ¢Ã¢â€š ¬Ã¢â€ž ¢t be bound it. The test is provided in H ickman v Kent or Romney Marsh Sheep-Breeders Association[69], and it stated that à ¢Ã¢â€š ¬Ã…“an outsider to whom rights purport to be given by the articles in his capacity as such outsider, whether he is or subsequently becomes a member, cannot sue on those articles treating them as contracts between himself and the company to enforce those rightsà ¢Ã¢â€š ¬Ã‚ [70]. As Erin is Adam`s daughter, she might argue that she is not an outsider. However, in the eyes of the law she is not a member and thus an outsider. She might gain some third party rights under s 6(2) of Contracts (Rights of Third Parties) Act 1999[71] but, this act does not apply to statutory contracts. The only scenario where Erin has rights, is if she creates a separate contract with the company outside the articles. Section 2 à ¢Ã¢â€š ¬Ã¢â‚¬Å" Pre-incorporation Business N. Yes, s 51, CA06[72] allows for pre-incorporation contracts to be entered into. Prior to incorporation, the company does not yet exist, and an attempt to act on behalf of the company before the birth certificate[73] has no legal effect as the company may never be formed. A promoter needs to be assigned in order for the company to enter pre-incorporation contracts. The term à ¢Ã¢â€š ¬Ã…“promoterà ¢Ã¢â€š ¬Ã‚  is defined by Lord Cockburn CJ as à ¢Ã¢â€š ¬Ã…“one who undertakes to form a company with reference to a given project and to set it going, and who takes the necessary steps to accomplish that purposeà ¢Ã¢â€š ¬Ã‚ [74]. When signing contracts à ¢Ã¢â€š ¬Ã…“for and behalf ofà ¢Ã¢â€š ¬Ã‚  the company, the person authorizing it (promoter) will be usually held liable as seen in the case of Kelner v Baxter (1866-87)[75]. Promoters may exclude liability and still ensure that the contract is valid through two procedures. The first requires an express term in the pre-incorporated contract to exclude personal liability which may be done under the relevant section[76]. This option terminates the promoterà ¢Ã¢â€š ¬Ã¢â€ž ¢s personal liability once the company is incorporated. As confirmed in Phonogram Ltd v Lane [1982], where the words à ¢Ã¢â€š ¬Ã…“subject to any agreement to the contraryà ¢Ã¢â€š ¬Ã‚  [77] were analyzed, and interpreted as à ¢Ã¢â€š ¬Ã…“unless otherwise agreedà ¢Ã¢â€š ¬Ã‚ [78]. Hence an exclusion of personal liability must be given[79] .However the promoter must never sign a contract in the name of the company prior to incorporation. As Goddard CJ stated in the case of Newborne v Sensolid Ltd (1954): à ¢Ã¢â€š ¬Ã…“as the company was not in existence when the contract was signed there was never a contractà ¢Ã¢â€š ¬Ã‚  [80]. The Second Procedure is called à ¢Ã¢â€š ¬Ã…“Novationà ¢Ã¢â€š ¬Ã‚ . The newly formed company must create a new contract with the same previous terms. Ratification is not enough as it is now a different contract with the incorporated company instead of the promoter[81]. Section 3 à ¢Ã¢â€š ¬Ã¢â‚¬Å" The Corporate Entity O. It is important to remind ourselves, that this is a company private limited by shares. With that noted, the idea that their personal assets will be protected stems from the landmark case of Salomon v Salomon Co [1897][82]. The main principle of Salomon derives from the wording à ¢Ã¢â€š ¬Ã…“separate Legal Entityà ¢Ã¢â€š ¬Ã‚ . To form a better understanding, à ¢Ã¢â€š ¬Ã…“separate legal entityà ¢Ã¢â€š ¬Ã‚  means that the company acts as a juristic person in the eyes of the law thus, the individuals involved in the company are not personally liable if something should go wrong[83]. The company as its own legal person is liable for all its debts, not the owners. Therefore, only the company can be sued and not the members; risk only arises to the members if assets were purchased illegally. However, there are exceptions to this principle and this aspect is one of the most ambiguous areas in company law. This is where a court decides to ignore the à ¢Ã¢â€š ¬Ã…“separate legal personalityà ¢Ã¢â€š ¬Ã‚ ; and it was created by the landmark case through the wording à ¢Ã¢â€š ¬Ã…“the veil of incorporationà ¢Ã¢â€š ¬Ã‚ . There is no general principle on how a judge might decide to lift the corporate veil[84]. However, the corporate veil might be lifted where there is clear abuse of the corporate form. This was illustrated in the case of Jones v Lipman [1962][85] where an unlawful refusal to sell a house was made due to the sham transfer of the house to a company controlled by Lipman[86]. Thus abysmal circumstances might lead to personal liability if decided so by the judges. Bibliography Primary sources Cases Allen v Gold Reefs Of West Of Africa Ltd [1900] 1 Ch 656 Hickman v Kent or Romney Marsh Sheep-Breeders Association [1915] 1 Ch 88a Jones v Lipman[1962] 1 ALL 442 (ER) Kelner v Baxter[1866-87] 2 LR 174 (CP) Newborne v Sensolid (Great Britain) Ltd[1954] 1 QB 45 Ooregum Gold Mining Co v Roper [1892] AC 125 Phonogram Ltd v Lane[1982] QB 938 Punt v Symonds Co Ltd [1903] 2 Ch 506 Re Maidstone Buildings Provisions Ltd [1971] 1 WLR 1085 Re Northumberland Avenue Hotel Co Ltd[1886] 38 ChD 156 Salomon v Salomon Co [1897] 22 AC Supplies Ltd v Jerry Creighton Ltd[1951] 1 KB 42 Trevor v Whitworth (1887) 12 App Cas 409 Legislation Companies (Model Articles) Regulations 2008/3229 Companies Act 1985 Companies Act 2006 Contracts (Rights of Third Parties) Act 1999 Geneva Conventions Act 1957 The Companies (Model Articles) Regulations 2008 Secondary Sources Books Alexis Mavrikakis, Helen Watson, Christopher Morris and Nick Hancock,CLP Legal Practice Guides: Business and Company Legislation(College of Law Publishing, UK 2014/15) Alexis Mavrikakis, Helen Watson, Christopher Morris and Nick Hancock,CLP Legal Practice Guides: Business and Company Legislation(College of Law Publishing, UK 2012/13) Boyle and Birds,Company Law(8th, Jprdan Publishing Limited, Bristol 2011) Charles Wild and Stuart Weinstein,Company Law(16th, Pearson Education Limited, Edinburgh gate 2013) 74-77 L.S. Sealy,Cases And Materials In Company Law(Cambridge University Press, Cambridge 1971) Sealy and Worthingtons,Cases And Materials In Company Law(10th, Oxford, UK 2013 Susan McLaughlin,Unlocking Company Law(2nd, Routledge, Oxon 2013) Journals A Daehnert, The minimum capital requirement an anachronism under conservation: Part 1 [2009] Comp. Law G Scanlan, The Company Names Adjudicator A New Regime New Principles [2007] Comp. Law, 172 S Ottolengthi, From Peeping behind the Corporate Veil, to Ignoring It Completely [1990] Modern Law Review Tan Cheng-Han, Veil piercing a fresh start [2015] Journal of Business Law Dictionaries Woodley, M. G,Osborns concise law dictionary.(11th, Mick Woodley, London : Sweet Maxwell/Thomson Reuters 2009) Websites www.companieshouse.gov.uk Ben Pettet, Promoters and pre-incorporation contracts (Oxy.com 2013) https://law.oxy.co/promoters-and-pre-incorporation-contracts-91620/ accessed [1] CA85 [2] MoA [3] Companies Act 1985 s 2-6 [4] CA06 [5] Companies Act 2006 s 8(1)(b) [6] Woodley, M. G,Osborns concise law dictionary.(11th, Mick Woodley, London : Sweet Maxwell/Thomson Reuters 2009 ) 42 [7] IN01 Form [8] Companies Act 2006 s 9 [9] Companies Act 2006 s 2,10 [10] Companies Act 2006 s 9(2), 9(4), 9(5) and 9(6) [11] Charles Wild and Stuart Weinstein,Company Law(16th, Pearson Education Limited, Edinburgh gate 2013) 74-77 [12] Companies Act 2006 s 59(1) [13] https://wck2.companieshouse.gov.uk/ (WebCheck) [14] Companies Act 2006 s 66(1) [15] Companies Act 2006 s 1099 [16] Companies Act 2006 s 67(1) [17] SoS [18] Companies Act 2006 s 68(2) [19] Companies Act 2006 s 76(1) [20] Geneva Conventions Act 1957 [21] Geneva Conventions Act 1957 s 6(3) [22] G Scanlan, The Company Names Adjudicator A New Regime New Principles [2007] Comp. Law, 172 [23] Companies Act 2006 s 9(2)(b) [24] Supplies Ltd v Jerry Creighton Ltd[1951] 1 KB 42 [25] Companies Act 2006 s 86 [26] Charles Wil d and Stuart Weinstein,Company Law(16th, Pearson Education Limited, Edinburgh gate 2013) 98 [27] Companies Act 2006 s 15(2)(e) [28] Charles Wild and Stuart Weinstein,Company Law(16th, Pearson Education Limited, Edinburgh gate 2013) 97 [29] AoA [30] Companies Act 2006 s 18 [31] Companies Act 2006 s 33 [32] The Companies (Model Articles) Regulations 2008 [33] Alexis Mavrikakis, Helen Watson, Christopher Morris and Nick Hancock,CLP Legal Practice Guides: Business and Company Legislation(College of Law Publishing, UK 2014/15) 59 [34] Companies Act 2006 s 22,23 and 24 [35] Companies Act 2006 s 270(1) [36] Companies Act 1985 s 283 [37] Re Maidstone Buildings Provisions Ltd [1971] 1 WLR 1085 [38] Susan McLaughlin,Unlocking Company Law(2nd, Routledge, Oxon 2013) 235-236 [39] Companies Act 2006 s 154 [40] Companies Act 2006 s 155 [41] URA [42] Alexis Mavrikakis, Helen Watson, Christopher Morris and Nick Hancock,CLP Legal Practice Guides: Business and Company Legislation(College of Law Publis hing, UK 2012/13) 125-126 [43] Companies Act 2006 s 165 [44] Companies Act 2006 s 542 [45] Companies Act 2006 s 552 and 580 [46] Ooregum Gold Mining Co v Roper [1892] AC 125 [47] Companies Act 2006 s 610 [48] Trevor v Whitworth (1887) 12 App Cas 409 [49] Companies Act 2006 s 659 [50] Companies Act 2006 s 724 [51] Companies Act 2006 s 560 [52] Charles Wild and Stuart Weinstein,Company Law(16th, Pearson Education Limited, Edinburgh gate 2013) 157-60 [53] Companies Act 2006 s 1063 [54] https://www.companieshouse.gov.uk/toolsToHelp/ourPrices.shtml [55] Companies (Model Articles) Regulations 2008/3229 Article 8 [56] Companies (Model Articles) Regulations 2008/3229 Article 7(1) [57] Companies (Model Articles) Regulations 2008/3229 Article 15 [58] Companies (Model Articles) Regulations 2008/3229 Article 11(2) [59] Companies (Model Articles) Regulations 2008/3229 Article 17(1)(a) [60] Companies (Model Articles) Regulations 2008/3229 Article 27(2)(a) [61] Companies Act 2006 s 318(2) [62] Com panies (Model Articles) Regulations 2008/3229 Article 49(1) [63] Companies Act 2006 s 21 [64] Companies Act 2006 s 283 [65] Punt v Symonds Co Ltd [1903] 2 Ch 506 [66] Boyle and Birds,Company Law(8th, Jprdan Publishing Limited, Bristol 2011) 123-130 [67] Allen v Gold Reefs Of West Of Africa Ltd [1900] 1 Ch 656 [68] Companies Act 2006 ss 1077/1078 [69] Hickman v Kent or Romney Marsh Sheep-Breeders Association [1915] 1 Ch 88a [70] Sealy and Worthingtons,Cases And Materials In Company Law(10th, Oxford, UK 2013) 254 [71] Contracts (Rights of Third Parties) Act 1999 s 6(2) [72] Companies Act 2006 s 51 [73] s 15, Companies Act 2006 [74] L.S. Sealy,Cases And Materials In Company Law(Cambridge University Press, Cambridge 1971) 19 [75] Kelner v Baxter[1866-87] 2 LR 174 (CP) [76] s 51, Companies Act 2006 [77] Phonogram Ltd v Lane[1982] QB 938 [78] Charles Wild and Stuart Weinstein,Company Law(16th, Pearson Education Limited, Edinburgh gate 2013) 71 [79] S 51, Companies Act 2006 [80] Newborne v Sensolid (Great Britain) Ltd[1954] 1 QB 45 [81] Re Northumberland Avenue Hotel Co Ltd[1886] 38 ChD 156 [82] Salomon v Salomon Co [1897] 22 AC [83] Susan McLaughlin,Unlocking Company Law(2nd, Routledge, Oxon 2013) 64-68 [84] S Ottolengthi, From Peeping behind the Corporate Veil, to Ignoring It Completely [1990] Modern Law Review 338-350, 338 [85] Jones v Lipman[1962] 1 ALL 442 (ER) [86] Charles Wild and Stuart Weinstein,Company Law(16th, Pearson Education Limited, Edinburgh gate 2013) 35-48

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string(27) " earns you on average \$5\." Case Analysis: Netflix. com, Inc k JAVK Consulting Company 6/14/2011 600 Civic Center Dr Detroit, MI 48226 Dear Mr. Hastings, Our company JAVK Consulting has examined the Netflix customer model and looked into the company’s five year financial future. We will write a custom essay sample on Netflix Case Analysis or any similar topic only for you Order Now We have analyzed Netflix with a scope of entering a rocky internet based company marketplace and seeing success in the future. The company currently is pumping lots of money into marketing strategy in order to growth their customer base and is in turn facing financial troubles while they approach their initial public offering stage. As you read through our analysis of Netflix you will find our company’s thought on your financial performance so far, look into a subscriber model and correlated cash flows, and develop an idea of financing solutions to manage growth. While more users are using mainstream technology such as DVD players, video game consoles, laptops, combined along with high-speed internet the creates a growing environment for a consumers wanting entertainment at their joysticks and fingertips. Our aspiration is for Netflix to have a successful run at an IPO if chosen and manage their customer growth along the way for long term success. Thank you for the chance to help your business thrive. We hope you agree with our financial outlook of Netflix and make a decision that catapults your company into financial success. Sincerely, JAVK Consulting Group Problem Statement: Based on Initial discussion and evaluation, we understand that the launch of Initial Public Offering (IPO) is critical and needs to be evaluated if the company should go forward with the offering, as a result of number of internet companies have been forced to withdraw their IPOs due to market down turn. Secondly the need to show positive cash flows within a twelve month horizon in order to have a successful offering. Third to suggest modifications that would improve the company’s projected cash flows given the fact that the revenues were doubling every six months. One of the most critical points of success for Netflix depended on the company’s ability to manage and sustain their triple-digit growth into the foreseeable future. Analysis: Technology is continuously facing rapid change which gives a company such as Netflix an exclusive opportunity for a first mover advantage in a new market. The Netflix product is one that can ship easily and cost effectively or be received directly to internet connections worldwide. The definite increase in internet and console users is creating a consumer demand for entertainment that Netflix can fill. This versatile product paired with emerging technology has led to rapid growth for the Netflix Company. The basic elements of Netflix core products give them an advantage over brick and mortar stores such as Blockbuster as Netflix offers a more personalized movie experience, the same new titles, all along with no time restrictions or late fees. As part of this long term objective Netflix’s goal is to grow its customer base and retain users of free trial software. The goal of the free software is to have a positive acquisition rate of free trial users after a month of free service and retain them into the long run future. After retention, the goal of Netflix is to withhold those customers into the long term future by tailoring the Netflix product in a unique way to each customer. Netflix does this by adapting their website interactions for each customer based off of their viewing history and preferences using a unique personal movie finder service. By offering this personalized service video users can find movies they would enjoy and possibly use the Netflix mail service. Theoretically speaking, Netflix performance to date has been positive (although the company has been incurring loss year over year) considering the high operating expenses for the initial years of a new business is common as most businesses make it or break it in their first 2-3 years which seems to be a normal trend considering this industry where the fixed assets increase year over year and the revenue generated on the fixed assets could drastically diminish based on user preference. Netflix has an extremely high growth rate for their revenues as they are doubling every six months. While revenues are doubling in the last year sales and marketing expenses have gone up more than three times. The main objective now is to make sure that after an initial public offering Netflix will continue to create positive cash flows. We believe that Netflix has chosen the subscriber model to forecast its cash flow requirements because it is the most precise representation of how the company receives cash on a monthly basis. Netflix at its core is in the movie rental industry, the only cash inflows received are from subscribers that pay monthly subscription fees. The basic elements of the subscriber model are monthly subscribers, subscription fees, and movie usage including movies rented and shipping costs. Based on these elements costs and revenues can be narrowed down and correlated to individual aspects of the model and accurate cash flows can be formed in order to predict future profitability. The subscriber model is fitting for Netflix for these reasons as subscribers are essentially their only cash inflows. Exhibit A, illustrates the subscribe model premise. In our analysis, we used the subscriber model to forecast future cash flows. This allows us to see potential revenues month to month based on the initial subscriber rate and percentage, while incorporating the cost to your company for each additional subscriber. We have forecasted potential cash flows as well as revenues for the next five years (Exhibit D Exhibit E). This gives us an idea of where we are going and how we will get there. Currently it costs your company $106. 58(Exhibit B) for the first month of a free trial customer. This cost is offset by paid subscribers and can be considered a marketing expense. Every month each paid subscriber earns you on average $5. You read "Netflix Case Analysis" in category "Essay examples" 82 (Exhibit B) in revenue. Netflix should continue trying to obtain new subscribers since there is a positive cash inflow for those customers after a weighted average is formed. Based on the weighted average of customers who stay with Netflix and those that leave there is a positive NPV based on the retention percentages. There are three basic types of customers for Netflix, one month trail exiting users, six month exiting users, and over five year users. Based off the retention ratios after one month 70% of customers from the free trail stay with Netflix, after that first month 42% of the original 70% stay for six months and 28% stay longer than six months (we have assumed it to be of at least 5 years and above). If a customer leaves after one month of free service your company would suffer a loss of $19. 26 (Exhibit B) given the fact that the initial purchase ($98. 28) of DVD(s) can be reused ($88. 45) for the other new subscribers by purchasing an incremental of 2 DVD(s) which move to the back catalogue as they become obsolete. Netflix can convert and retain those customers for six months they generate $1. 21(Exhibit B) of cash inflow for each customer. If the cash flow from acquiring new subscribers was negative we would advise your company to take an alternate route for generating cash flows. If your company continues with current business, retaining 28% of initial customers at least 5 years and above, the net present value of your corporation will be $65,851,642 (Exhibit E) based on certain assumption listed in Exhibit E. This NPV of your company after 5 years is based on the weighted average NPV percentages that we determined for each of the three customer categories; one month subscribers, six month subscribers and five year subscribers. Over sixty five million as a NPV is a glamorous number to project but it requires your company to retain the current customer retention ratios over the three timeline increments (Exhibit C). If these retention ratios are held strong then we have determined the weighted NPV per subscriber would be $34. 34 (Exhibit C). While this number is far from over sixty five million dollars over the five year time retention span it grows to be exactly that. Conclusion/Recommendation: Based on our analysis we have come up with some solutions to improve your overall cash flows and strengthen the financial health of your company. These solutions are not far from the product that Netflix currently offers so making the changes would not place a large burden on costs. Also, the changes will offer a more customer focused and interactive experience with the Netflix product. Initially your first goal should be to increase the retention rate of potential new trial subscribers. Given that internet users are increasing year over year, we recommend that your company consider online video streaming (video on demand) which will be an out of the box approach. Using the online media streaming can help your company to cut down on sales and advertising cost. Secondly with introduction of online streaming reduce the membership fees to 75% of the current rates which will help you increase customer retention rates. Third, promote revenue sharing which can help increase you marketing base while cutting your expenses. Forth is to promote referral bonus (can vary based on number of referrals provided) which can help you boost your sales through you existing customer base and in return reduce your operational expenses. Lastly to reduce the trial period to 2 weeks (if done by Mail only) and this will result in increase of NPV of Netflix by $25. 8 million (increase of NPV/subscriber from 34. 34 to 44. 10). Netflix is becoming even more personalized and may cut undesired costs such as unnecessary shipping costs. By doing this you will increase your profitability and decrease your cost to acquire a new customer. Another recommendation is to continue to encourage all online subscribers to rate films. This will encourage other subscribers to rent more movies and help with the automatic marquee queue available to online subscribers. By encouraging this interactive use with the Netflix website the company will have an idea of which DVD’s to spend money purchasing and will be able to keep an updated DVD library that meets the growing demand of new subscribers. To conclude, your company should delay the IPO until the economic condition improves and use this additional time to evaluate some of our recommendation to attain positive cash flows which can play in your favor. Appendix: Exhibit A – Subscriber Model Premises| Cost/New DVD| $ 17. 55 | Shipping Cost/DVD| $ 1. 00 | Number of DVD Initial Marque Queue| $ 4. 00 | Number of DVD Shipped /Month| $ 4. 30 | New DVD 1st Month| $ 5. 60 | Number of new DVD(s) subsequent Month| $ 0. 56 | Revenue /Month| $ 19. 95 | Free trial| $ 1. 00 | Discount Rate| 20%| Exhibit B -New Subscriber Model| | Free| Paid| Paid| Paid| Paid| Paid| Paid| Paid| Paid| Paid| Paid| Paid|   | M1| M2| M3| M4| M5| M6| M7| M8| M9| M10| M11| M12| Revenue|   | $19. 95 | $19. 95 | $19. 95 | $19. 95 | $19. 95 | $19. 95 | $19. 95 | $19. 95 | $19. 95 | $19. 95 | $19. 95 | Cost of DVD/ initial (one time)| $ (98. 28)|   |   |   |   |   |   |   |   |   |   |   | Cost of DVD/ releases|   | $ (9. 83)| $ (9. 83)| $ (9. 83)| $ (9. 83)| $ (9. 83)| $ (9. 83)| $ (9. 83)| $ (9. 83)| $ (9. 83)| $ (9. 83)| $ (9. 83)| Shipping initial DVD’s| $ (4. 0)|   |   |   |   |   |   |   |   |   |   |   | Shipping new DVD’s| $ (4. 30)| $ (4. 30)| $ (4. 30)| $ (4. 30)| $ (4. 30)| $ (4. 30)| $ (4. 30)| $ (4. 30)| $ (4. 30)| $ (4. 30)| $ (4. 30)| $ (4. 30)| Net Revenue| $(106. 58)| $ 5. 82 | $ 5. 82 | $ 5. 82 | $ 5. 82 | $ 5. 82 | $ 5. 82 | $ 5. 82 | $ 5. 82 | $ 5. 82 | $ 5. 82 | $ 5. 82 | Exhibit C – Calculat ion of Net Present Value per new subscriber|   | *assumes that if a subscriber stays with Netflix longer than 6 months will stay 5 years| Subscribers | 1 Mon| 6 Mon| 5 Yrs. *|   | Probability| 30%| 42%| 28%|   | Weighted NPV per Subscriber| ($19. 26)| $1. 21 | $141. 46 | $34. 34 |   |   |   |   |   | C1| $ (106. 58)| $ (106. 58)| $ (106. 58)|   | C2| $ 88. 45 | $ 5. 82 | $ 5. 82 |   | C3|   | $ 5. 82 | $ 5. 82 |   | C4|   | $ 5. 82 | $ 5. 82 |   | C5|   | $ 5. 82 | $ 5. 82 |   | C6|   | $ 5. 82 | $ 5. 82 |   | C7|   | $ 88. 45 | $ 5. 82 |   | †¦|   |   | †¦ |   | C8|   |   | $ 5. 82 |   | C60|   |   | $ 5. 82 |   | C61|   |   | $ 88. 45 |   | CF By Month|   |   |   |   | Exhibit D – Projection of new subscribers 2000| |   | Revenue Growth rate 1998 – 1999 | 274%| Existing subscribers| 110,724 | New Subscribers paid status| 303,231 | 30% free| 90,969 | New Subscribers 2000| 394,201 | Exhibit E – Value of Netflix|   | 2000| 2001| 2002| 2003| 2004|   | | | | | |   | NPV per Subscriber| $34. 34 |   |   |   |   |   | Discounted Rate| 20%|   |   |   |   |   | Growth rate per new subscriber|   |   | 49%| 49%| 49%| 49%|   | | | | | |   | Existing subscribers| | 110,724 |   |   |   |   | Value of existing subscribers| | 3,802,273 |   |   |   |   |   | |   |   |   |   |   | New Subscribers| | 394,201 | 587,359 | 875,165 | 1,303,995 | 1,942,953 | Value of new subscribers| | 13,536,829 | 20,169,875 | 30,053,114 | 44,779,140 | 66,720,918 |   | |   |   |   |   |   | Total subscriber value|   | 17,339,102 | 20,169,875 | 30,053,114 | 44,779,140 | 66,720,918 |   | |   |   |   |   |   | Product development| | 7,413,000 | 7,413,000 | 7,413,000 | 7,413,000 | 7,413,000 | General and administrative| | 2,085,000 | 2,085,000 | 2,085,000 | 2,085,000 | 2,085,000 | Total Cost|   | 9,498,000 | 9,498,000 | 9,498,000 | 9,498,000 | 9,498,000 |   | |   |   |   |   |   | Total Subscriber value minus cost|   | 7,841,102 | 10,671,875 | 20,555,114 | 35,281,140 | 57,222,918 | NPV of Netflix|   | 65,851,642 |   |   |   |   | Assumptions:| Existing customers pay 19. 95 per month (same as new customers)| Additional cost projected at the same level as 1999NPV of Netflix only includes cash inflow and outflows and have not considered any liquidation value| How to cite Netflix Case Analysis, Essay examples

Quantittative Research free essay sample

Quantitative research is very common in natural sciences. Quantitative research is used to verify or support a hypothesis that already exists. Being without the structure provided by a hypothesis in quantitative research between variables tested, may create feeling of insecurity. This is understandable since quantitative research on human behaviour has a more clearly defined research agenda. Research is conducted through a cycle of phases. The methods applied to carry out quantative research are data analysis, which is collected through statistics. The nature of this type of perspective is known as positivism because it strives to tell the world it can be understood in one context. Quantitative research uses a deductive approach, making predictions, and testing hypothesis that have already been carried out. (Coolican, H. 1999) Researchers of quantitative research work with numerical data by analysing numbers. Characteristics have to be put in place in order for results to be accurate and reliable. We will write a custom essay sample on Quantittative Research or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Prior to conducting a research, researchers have to state both hypotheses. The next task carried out prior to the research is to implement the procedure they are going to use. Researchers have to provide statistical meaningful data and in order to do this they have to use large enough samples of people. A quantifiable sample of 200 people is an absolute minimum in order to carry out a reliable statistical analysis. The accuracy of the research is important therefore correct procedures are employed to collect data analysis. In quantitative research due to the nature, certain types of methods are used to conduct research. Quantitative research is done through questioning and observing. Researchers can manipulate certain parts of the experiment when measuring the results. The methods are of systematic approach; the four main types of research used in quantitative research are descriptive or survey research, correlational research, casual comparative research and experimental research. (Bryman, A. 2004) Correlational research attempts to determine the relationships between two or more variables, experimental research attempts to look for an cause and effect between two or more variables. Correlational and group difference studies look at existing data this is a non-experimental study. The cause an effect here assess the relationship from one study that exists with another study which is the same. Whilst in casual comparative research the researcher has no control over the casual factor or independent variable because it is studied after the fact, this effect is also known as the dependent variable (D. V). Experimental research and casual comparative research looks at cause and effect relationship between two or more variables the difference between the two researches is that casual comparative research have no control whereas experimental research the researcher has control over the independent variable (I. V). (Bryman, A. 2004) A longitudinal survey was conducted looking at behavioural patterns of sport fandom’s. The usefulness of this research was to analyse the behaviour of human explained by social facts. Longitudinal studies can be useful because they study the same group of participants over a certain aspect as time passes. The survey examined showing the behavioural component of sport fandom attending games. The data was collected in consecutive seasons, the methodology of study was to be reliable and in order to do this they collected data between clubs. The advantage of this survey showed the composition of the crowd, and their overt behaviour. The usefulness of using quantative methodology was to measure overt behaviour, and the different aspects in measuring the composition of the sports crowd. This study can be replicated again to compare the quantitative methodology. In this research the reliability and validity is determined more than a qualitative technique. Even though the survey showed the composition of the crowd and their overt behaviour, the methodology does not attempt to explain the underlying assumptions of sport fandom. The individuals in the study are regarded as a â€Å"set of variables making them equivalent across persons and across situations†. (www) Structure interviews usually carried out on randomly selected sample of people. In a structured interview the researcher has pre set questions that a subject is required to answer in a given way. Structured interviews are conducted in a casual manner and may produce spontaneous and realistic answers. The standard interviews can be generalised and applied to the entire population. Sampling of subjects can be difficult, and formal interviews conducted in routine manner may not produce realistic answers. The British Crime Survey (B. C. S) carries out surveys of randomly selected sample of people questioned by structured interviews. In order to understand, the experience of crime and behaviour. (Bryman, A, 2004) In questionnaires and surveys the experiments can be studied on large sample of people. Researchers are able to ask questions about feeling and behaviour in real situations, the method is cheap. The selected people can be generalised about the real world because they are chosen randomly. In the questionnaire and survey the negative aspect can be that people may not respond truthfully. It is difficult to establish the cause an effect. Questions in surveys may not have been asked about variables. Also through surveys and questionnaires research is often collected which is manipulated. People’s responses are put in categories that might fit in order to make meaning. (Coolican, H. 1999) Asch (1951) study was conducted to carry out if conformity took place. Asch (1951) did a perceptual test to measure conformity; there were 36 confederates in the experiment, 20 trials took place. The study was carried out in a laboratory setting. In the experiment where a number of stooges who were confederates of the experiment. In the experiment the stooges where told to give incorrect answers. Participant found it hard in the perceptual test to identify which 3 lines was the same length has the standard line. In this study 74% of participants did agree with the stooges verdict and conformed. The mean average of conformity rate amongst participants was 32%. Many psychologists have criticised Asch’s study because they feel the participants where young offenders on probation. The set of participants were under authority figures acting has their experimenters. The other criticism Asch has received was how could one relate the perceptual task to conformity in real life. The other factor that could’ve affected conformity in the perceptual task was if there was one participant and one stooge, conformity would’ve been rather low than one stooge being present in the experiment; possibility of conformity would be then higher. The higher the status of stooge the likelihood of conformity would be higher, than if the stooge is a fellow student. Other factors considered to influence different results would be if lines where relatively similar to the standard line then the task would effect the conformity rate. It was a time consuming study, because one participant was tested at a time. In this study the participants were misleaded because of the stooges. The usefulness of the stooges in this experiment was to provide a result whether conformity existed. Rosenow and Rosenthal (1977) suggest that some studies, â€Å"researchers have clear expectations about what should happen in their research study this can affect on the outcome. In other words, to some extent, researchers find what they are expecting to find, simply because they are expected to find it†. (Coolican, H. 1999) Research can sometimes produce ambiguous interpretations where studies have manipulated the independent variable. Validity in experiments only exists if the true cause and effect relationship is identified. In experimental methods manipulation of one variable can take place in order to keep the other variables constant. Experiments take place to discover accurate and precise discoveries of relationships between variables. In order to rule out alternative confounding variables designs of experiments are carefully thought. Therefore a validity of experiment carried out on a study should help researcher in future to create and design better experiment. (Russel, J. 000) Researcher In quantitative research is a mere objective observer. In this research the researcher does not participate or influence what is being studied. This is the basic underlying assumption of the method that guides this study. It is through this sequence the types of data are collected. Experiments carried out in field studies are seen has reliable, because people react and behave in an everyday context. On the other hand labor atory studies can be unreliable because variables are controlled, they are low in validity and artificial. Coolican, H. 1999) Researchers use quantitative research in order to find results from experiments. Experiments used in social science have to be done so that they are internally and externally valid. (www. uwa. com In conclusion it can be said that some researchers find that some experiments using quantitative method have limited usefulness because of the low external validity for example of their inapplicability to the real world. On the other hand some researchers consider quantitative research can be statistically reliable. Some researchers find that studies in some cases are manipulated and the results are biased in the way they are measured. The determination of the reliability on quantitative research can be from one idea concept, product package if it is better than the alternative. Researchers using quantitative research see whether a particular population shares certain characteristics in common. Quantitative research is used in connection with statistical analysis and generalisation of descriptions. Therefore it is seen appropriate to be used in research to measure both attitudes and behaviour.