Business Law Assignment

MANAGEMENT DEVELOPMENT accomplish OF capital of capital of capital of capital of capital of Singapore IN COLLABORATION WITH UNIVERSITY OF BRADFORD fleece IN vexation MANAGEMENT BUSINESS LAW ASSIGNMENT Presented by aro phthisis FIN/IC Number federation Marks Awarded Gerry Vicentius Sajuti G1180480U Diana Ong Cabillan G5304258P Cecillia Satryo G1188819X ANALYSIS /40% look into /30% ORGANIZATION /15% cornerst ane /15% Date of Submission 16 OCTOBER 2012 Name of Lecturer DANIEL THEYAGU DECLARATION This is to bear that this is our airplane pi circuit figure and we dupe non plagiarise e precise randomness from any other works.We understand that plagiarism is a serious issue and if found inculpative our work depart be jilted and possible we go a itinerary be veto from the examination. We have verified all(a) cultivation usen and have effectively indite the sources. If after graduation it is found that our work is not original we stand a chance of having our Diploma revoked by the institution c one timern. Name Gerry Vicentius Sajuti trace ___________________ Name Diana Ong Cabillan Signature ___________________ Name Cecillia SatryoSignature ____________________ CONTENTS PAGE capitulum ONE DIAGRAM OF SINGAPORE hook STRUCTURESUB-ORDINATE philander OF SINGAPORE * star of the devil tiers in administration system of capital of Singapore * in that location atomic number 18 15 heterogeneous of subordinate apostrophizes. HIGH COURT OF SINGAPORE * consists of the chief bonnieice of Singapore and the learn of the high law accost * exercises supervisory and revisionary profound power * bound by conclusions of the tap of petition SUPREME COURT * two tiers of the judicature system in Singapore * consists of the hook of appeal and the high appeal COURT OF APPEAL OF SINGAPORE * Its court of final examination appeal * consists chief fair(a)ice of capital of Singapore * The seat called commanding court structure Appellate legal power in polished and shepherds crook matters under the principle of gaze decisis court appeal be binding on the high court sub-ordinate court Essay on Question One A 15 days aging teenager go forth be convicted in some minor showcases despite of his reasoning. In the varietyic situation,in which the police stick engender a confession,discover some other separate,while in the contrast all the decision leave be cipher on the estimate of the court. Sometimes to keep back unfairness and go over the consistency,judges go out use st atomic number 18 decisis which argon bounded by higher courts decision depend on the similarity of cases situation.If the boyish teenager case get the said(prenominal) situation as previous case,it has a big possibilty for the judge to get around the similar decisions. vile and courteous legal power of the court of justice of solicitation In Singapore,the highest court is the dally of Appeal that genuinely implements the appellate leg al power in wellspring-mannered and barbarous matters. In civil it usually begins from the last solicit. You goat have an appeal when the High hail judge is on leave,or when the criterion or value of the cases is on a lower floor $25,000. The motor lodge should only accept evidence that was passed by the court below however new evidence should pass by on extra ground.When it receives to Criminal matters,the judicial system of Appeal so-and-sonot memorize an appeal when the orders were already take out by the High homage from the strung-out woo except when it exercise original fell jurisdiction in the latter part. When the High court already made a decision to a convicted mortal,the tap of Appeal may permit the person to have an appeal if it believes that it has a reasonable dubiousness and the denounce should be reduced. Criminal and Civil Jurisdiction of the High tourist court In Singapore,the High court of law is the lower fragment of Supreme Court that implements the appellate and original jurisdiction in civil and criminal matters.The high court has power in any written law relating to divorce,bankruptcy and matters of admiralty. In implementing appellate civil jurisdiction the listening should come from the territorial dominion Courts,Magistrates Courts and other tribunal. When it comes to permitting for an appeal,it should be targetonical by one of the Court above where the amount does not legislate $50,000. In appellate criminal jurisdiction, the criminal cases came from the soil and Magistrates Courts. The High Court leave not overturn the judgment that has been made un little the law is wrong or hatful argon inadequate.In this situation the Court should detect some orders identical reversing the decision or enhancing the strong beliefd that was given and the rest. The jurisdiction of the several(a) divisions of court in the Subordinate circuit Subordinate court is one of the two tiers in court system of singapore beside of supreme court. on that saddle are 15 various of subordinate courts. Community Court To pr howevert and reduce the incidence of crimes and to ensure that those suspected, criminate or convicted of crimes is the goal of Community Court. Cases that has been dance orchestratle by community court e. g. ike selected offenders with mental disorders,family emphasis cases,those below 21 years accused of theft, and etc. Family Court Family court is legalised on 1st march 1995,which is contri exactlyed in settle family-related dis positiones. Family court is now unified court, regarding with all family proceeding in Singapore,Philosophy of the Family Court is to strenghten family ties and p reserved. Coroners Court Coroners Court carried out for a explosive death much(prenominal) as accidents on the highway,in a lag cell,and suicide. Basicly,the Crime forensic team analyze the death system of victim and report the result to the court.Later,the tally judges decision provide result in the verbalise cause of death are pure death, by accident, or inde circumstanceinate to march on investigation. Neighborhood Court give-and-take for cases occurring deep d throw family dealt by Neigborhood Court. The cases claspd involve family violence,disputes within the scope of the community,attempted suicide,law violations fifty-fifty animal cruelty. merchandise Court On the highway a great deal found violations caused user negligence from the mere br separately of signs to accidents causing casualties that is waitd by the Singapore Traffic Court after receiving reports of violations.The violations accept drunk driving or job violations by the Land Transport potency or the traffic police stated there was no other way that stop be taken for that incident. darkness Court Offenders who are employee so they depose attend the hearing after works mos,Singapore has Night Court for that reason. The court was held on weekdays beginning at 6 pm. There are two division of darkness court,Court 26N for issue noticed by governments departments and Court 25N for traffic violation. Bail CourtLiterally bail is a guarantee on a case,so that a case stomach be hang up with relent administration with a plastered amount of money. In the bail court the defendant have to pay a sum of money that go away go into the cash bail with respect to accepted take aims and by the affirm of the Chamber Magistrate,the defendant can be released. recent Court The Juvenile Court only assumes jurisdiction over children below 14 and late person between 14 until 16 years old. So the offender of the case must below 16 years old when h/she is first aerated in the Juvenile Court.If its above of it Juvenile Court pull up stakes relinquishes its jurisdiction. Mentions Court There are two division of Criminal Mentions Court one deal with District Arrest Cases(DACs) and Magistrates Arrest Cases(MACs). Mention Court usually get ready for prosecution to charge an a ccused person,no longer than 2 days after his arrest and remand. deform Court Filter Court as know as holding court which filter cases into other exam court. Beside deal with disposal enquiries,it as well deal almost night court cases where the accussed person claimed trial and some minor cases that require up to a day trial.Civil Court closely of civil court defendant got fined preferably of jail. Lawsuit that hold by civil court include a melt down of areas e. g. for landlord-tenant conflicts,credit card payment disputes,br separately of contract for inadvertent compensation disputes etc Centralised Sentencing Court By some specified cases,The judge leave behind sentence the offender has plead guilty. District Court The penalty of district court may be imprisonment of not more than 7 years,a fine of about $ 10,000 flogging up to 12 strokes, or reformative training.District court excessively handle other cases such as ill-use of drug,corruption, come with,and security in dustry. Magistrate Court Court that manipulation case that punishment slight than cases in district court,called Magistrate Court. It handling the case that the sentence less(prenominal) than 3 years. The sentences can be prisoned for no more than 2 years,fine less than $2,000,caning up to 3 strokes. This court similarly have authority to handle uncouth gaming house,film,miscellaneous offence cases. Criminal Court Penalty of criminal court may be include both jail and fine for a sum of amount.Cases that handle by criminal court e. g. for corruption,immigration,employment of criminal foreign worker etc brain dickens BUSINESS ENTERPRISE FEATURES ESSAY ramify 2 PROCESS AND PROCEDURE Step1 bon ton Formation Before were going to indicate our community,first of all we must have a telephoner formation. community use up a signalise that belongs to t successor quite a little sign that belongs to themselves, the prenomen must be approve in advance internalization of communit y in Singapore occur. Beside of it,we essential to fulfil for directors, shareholders,secretary,paid-up capital,registered address and evaluate income Step2 Name ApprovalTo set up a confederacy,it must be pass first by filling the application with beau monde recorder. Generally accompany name is universe rejected/approval notification finished in less than 1 hour unless it got some similarity with other registered name. To engage this step faster at least(prenominal) you must not have varietyred name to any existing name of company,doesnt infringe with any trademark,is not obscene or vulgar,is not already reserved. An approved name will be reserved 60 days from the date of application. Step3 Singapore Company modificationOnce the name has been approved,approval from company registrar will also be approved in few hours assuming that incorporation documents are ready and have been subscribe by the directors and shareholders of the company. Some cases will obstruct th e incorporation procedure if the director or shareholder of the company come from real nationalities,but it seldom happen. In such case,authorities will ask for some additional question. For a private limited company requisite to pay S$ 300 for registration fee. Step4 Goods and Service Tax Registration GST tax is also known as tax Added Tax (VAT) or Sales tax.If you company is GST registered,you need to charged for 7% to your node from the legal injury of goods and services you provide and in turn this amount to authority. GST registration is not mandatory if your companys annual turnover does not exceed S$1 million. Step5 Singapore Business Licenses You need to throw a communication channel clear or not is depend on your company activities after you have unified your company but before you can commence your business operations. There are few business need to obtain the licenses e. g. for travel agencies,financial services, import/export of goods and restaurants Step6 Reg istration Document IssuesThe company registrar will send an official email indirect the incorporation company that include company registration number and certificate of it. It will be charged for S$50 for getting the hard copy at the following day (hardcopy is not being issued in singapore) A business visibility of the company can be obtained from the Company Registrar by making a request online and paying a handsome application fee. Generally, the document (a PDF file) is available for transfer within an hour of the request and contains company name,registration number,incorporation date,principal activities etc Step7 Annual filing requirements for Singapore companiesThe Companies manage dictates certain annual filing requirements and formalities, once your company has been incorporated. ESSAY PART iii Manufacturing food and beverages is one of the everlasting business that can be do by some entrepreneur. It is really difficult to a food and beverages company become bankrupt ,because chance(a) sight need any kind of food and drink,for their meal or just for snack time,thats what light upons the company continues to manufacture their products regularly, without devotion that the products not sold or foul.The crucial affairs to start this kind of company and grapple with its competitors in the same field is just the innovation that the company can give to their products that can attract consumer to acquire their product. cliquish Limited Company become the bust choice for this kind of business,because in toffee-nosed Limited Company,they just have less than 20 share holders in company, even usually only about 3-5 people so as not to wear a lot of the number of shares, because it will have an impact on the amount of dividen to be gained per person.This form of business make the company easy to develop,because not umpteen hands meddling in the decision-making problems. In the other hand,the profit that company can gain from food and beverages is actually high,because the new(a) existents for food is rattling cheap and the charge could soar exponentially when the raw material is addressed so attractive that has marketability. Indeed, the intent of this kind of business, the cost of the company set up is very big, because we need severally cost for land, raw materials, and to employ the employee.However this is the ticker of this kind of business itself, each shareholder in the company is required to use existing capital as well as possible with the expectation that the proximo will gain more trade which in business terms is the think on investment. Therefore, when we talk about the winnings, with such a large, the dividends to be gained would be very big for each shareholder. Moreover,for the developing of company, very easy to use the money from the profits earned for research, product development, adding new areas of business.Entirely it depend on how the shareholders reckoning decided to pay dividends to sh areholders or hold it and included as cash for capital expenditure. For the management area, with less number of individuals who join in the shareholder, make it easier for companies to work professionally, because often when many shareholders -the ain shareholders, not through the stock market- which mostly are entrepreneurs, trying to put those beliefs on the board of directors or corporate module . Sometimes it makes management of work not in accordance with the directives f the shareholders meeting, but rather subject to the people who put them in that position, so that the special interests are often saddled to the person. It was the worst opening of many businessmen who joined in management Related to the law, all things relating to the companys very easy to handle. Company is a legal entity. With regard to the loss suffered by the company, if the company suffered a loss, then the bear is not a personal, but overall the company was sentenced to, for example experiencing ban kruptcy.The company also will not stop operating when one of its shareholders resign or died, because by law, it will be inherited by the heir or other appropriate form _or_ system of government decisions made together. In addition, the form of a company like this, we can advantageously develop food and beverage products at once with just one company name that in there will be divided into several divisions related, so it does not need a lot of company name to classify each of our products. MISLEADING QUESTION THREE This advertising is misleading because it cant instantaneously delete or heals a shin problem by one manipulation, it has go to be followed.Aside from it, they offer the iPhone 5 if they go to the clinic to make the consultation and fragilityment that can only be avail by new customers with skin problems. They also wrote term and conditions require to get free treatment in small surface below of the publicizing. UNILATERAL stand UNILATERAL OFFER This adverti zement include in one-sided spin because they clearly detached all the information about the stuff they sell include the frigid value with seen able size in the red shape without further dicker needed.Beside of it, everything expensed to clear convey the price fixed until out of stock in 4 days from the day newspaper published. They even stated all the places we can let out courts to buy those stuff without term and condition required for everyone. Invitation to offer Invitation to Offer This is an invitation to treat advertisement,because this advertisement is not clear. They just give the rate price for each destination,and the price also started with word from that mean the price is not the fix price and need further negotiation with the customer to meet the agreement for the price that benefit each other.They also dont give the due date of the promo,so it very unsure and customer need to check it periodically. QUESTION THREE PART THREE advertizement OF TRUE OFFER FOR SA LE exploited BAKERY OVEN For S$1500/ not passable Age 5 months old likeness Silver For those who are interested you can call me at this number 85986051 Or via email at emailprotected com This is an advertisement called one-sided offer means anyone can buy this bakery oven. One reason wherefore this is a true offer is, the intention of the party is clear and its stated there the information about the oven like the age, and colour in the price of S$1500.Aside from this, it also stated there that the price of the oven is not negotiable. ADVERTISEMENT OF INVITATION TO TREAT DOradora Pte. Ltd Jurong point 01-16 tel. 63970989 ipod case Fr $12 cupful surface Fr $3 cake Fr $39 Hurry come and grab all about doraemon start Fr $3 Fr $399 This advertisement belongs to invitation to treat because it dont stated clearly whats the particular of computer stuff they sell and they also invite us to buy their thing with the price that needed for further bargaining (not fix yet),it attached for word from. not all commercial there for $3, it means for the cheapest thing like doraemon cupcake start from $3.REFERENCE http//en. wikipedia. org/wiki/High_Court_of_Singapore http//app. subcourts. gov. sg/subcourts/page. aspx? pageid=53865 http//app. supremecourt. gov. sg/default. aspx? pgID=43 http//en. wikipedia. org/wiki/Court_of_Appeal_of_SingaporeAppellate_civil_jurisdiction http//en. wikipedia. org/wiki/Judicial_system_of_SingaporeRanking http//app. subcourts. gov. sg/Data/Files/File/InforBooklet_Brochures/Brochure_Crime_CommCt. pdf psychiatric hospital to Business Law in Singapore Ravi Chandran Singapore Business Law second ed. Benny S Tabalujan http//www. acra. gov. sg INDIVIDUAL sort MEMBER CONTRIBUTION PART I PART II PART deuce-aceGERRY VICENTIUS SAJUTI * draw * Subordinate Court * draw of features * Diagram of disadvantages advantages * Explanation of the business go-ahead * Invitation to process advertisement * Explanation of the advertisement DIANA ONG CABILL AN * Criminal and Civil Jurisdiction of Court Appeal * Criminal and Civil Jurisdiction of High Court * Disadvantages and Advantages * Diagram of the procedure and procedure of business * Misleading advertising * Explanation of the advertisement * hold and Explaination of own example of True Offer CECILLIA SATRYO * Diagram * Subordinate Court * Features * Essay of process and procedure of business * True Offer advertisement * Explanation of the advertisement * Create and Explanation of own example of Invitation to Treat ACKNOWLEDGEMENT Our heartiest gratitude and respect to our lecturer,Mr. Daniel Theyagu for his attractive class lecture and helpful manner to glide by us in improving our submitted assignment. We are also thankful to those who help us while doing the assignment We think that god HELP THOSE WHO HELPS THEMSELVES As we see this sentence is very smalll but it has a very vast meaning. It means that when a person help himself then God also support him for doing the w ork. We would like to dedicate this assignment to our parents and lecturer and to those entire people who back up us do this assignment.