BUS 200 Law Of Business Organisations

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BUS 200 Law Of Business Organisations

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BUS 200 Law Of Business Organisations

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Course Code: BUS200
University: Kings Own Institute

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Country: Australia


Part 1
Register a PUBLIC Company.NB Form 201 and Sections 117(1) and 117(2)
Part 2
(a) Research and Explain the phrase ” DIRECTING MIND and WILL”
(b) Research and Explain the phrase “PIERCING THE CORPORATE  VEIL”


Directing Mind and Will
The founders of a company bring it into existence but after its incorporation, the company has a distinct legal entity from its founders. The operations of a corporation are directed by its board or management, who are known as key managerial personnel. A legal contract established between the company and its directors gives the board their right to act according to company’s interest. According to Lim (2011), this power can be delegated by board or management to other employees as well. An employee performing or doing some work, according to the authority delegated to him by the director is called ‘Directing mind and will’. The authority or power delegated to the employee must be obvious, expressed or implied by the directors. In case the employee acts or perform any action outside the authority, the employee shall be personally liable for such action, not the company. But the board has right to rectify such mistake of an employee by passing a resolution.
In the recent case of R v. Regis Paper Co. Ltd., (2011) WLR (D) 317, the court decided that the technical manager who intentionally entered an incorrect entry in the record of environmental pollution conducted by the company, does not consider as directing mind and will since he does not have proper authority to perform such act. The corporation was not liable for the acts of its technical manager because he does not have any expressed or implied authority to enter a false transaction in records (Gurunay 2015).
Piercing the Corporate Veil
The actions of a company are taken by its board of directors and its shareholders, but they are not personally liable for such actions since the corporation has legal entity distinct from its management. This doctrine is commonly known as a corporate veil. As per Booth (2016), in the case when there is a lawsuit filed against the company for fraud or misappropriation of money, the court has the right to pierce the corporate veil of the organisation and held the management liable for their acts. The management cannot use corporate veil as a shield to save them from the law. The Australian court has decided various reasons for which a corporate veil can be pierced by the court, such as fraud, agency, sham, injustice, or group enterprise, to hold board of directors or shareholders liable for their illegal actions taken in the organisation.
The court can also pierce a corporate veil on the request of shareholders or board. In the decision of AB v Smallbone (No 2) [2001] 1 WLR 1177 case, the court provide different reasons for piercing corporate veil such as sham and fraud, but which circumstances constitute as fraud and sham were not defined. The Briggs v James Hardie & Co Pty Ltd (1989) 16 NSWLR 549 case, shows the struggles confronted by courts while piercing the corporate veil for the traditional torts crimes (Ramsay and Noakes 2001).
Booth, R.A., 2016. Close Encounters with Piercing the Corporate Veil. Vill. L. Rev., 61, p.393.
Gurunay, P., 2015. The directing mind and will test in corporate criminal liability. [PDF file]. International journal of legal insight. Retrieved from < https://www.ijli.in/assets/docs/PrabhleenGurunay.pdf >
Lim, E., 2011. A Critique of Corporate Attribution:’Directing Mind and Will’and Corporate Objectives. Browser Download This Paper.
Ramsay, I. M., and Noakes, D. B., 2001. Piercing the Corporate Veil in Australia. [PDF file]. Company and Securities Law Journal. Retrieved from < https://law.unimelb.edu.au/__data/assets/pdf_file/0008/1710089/122-Piercing_the_Corporate_Veil1.pdf >

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