Roger is a shareholder of New Technologies Ltd (NT). He is an accountant and when the...
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Roger is a shareholder of New Technologies Ltd (NT). He is an accountant and when the constitution of NT was drafted it contained a clause that employed Roger as a permanent accountant with the company. Clause 20 of the constitution of NT provides that: ● Roger shall be the permanent accountant of New Technologies Ltd (commencing 1 January 2018), at an annual salary of $150,000. After a change of directors, 5 years after the company was incorporated, Roger's service as a accountant was terminated. NT has offered to give Roger a lump sum amount of $300,000 as termination payment. However, Roger wants to continue and wishes to sue the company for brea of its constitutional obligations to him, relying on clause 20 in the company's constitution. With reference to the relevant sections of the Corporations Act 2001 (Cth) and case law related company constitution and the statutory contracts arising from this, discuss whether Roger is likel be able to enforce clause 20 of NT's constitution, and the benefits he stands to gain. Type your answer underneath each step below, add space as required Roger is a shareholder of New Technologies Ltd (NT). He is an accountant and when the constitution of NT was drafted it contained a clause that employed Roger as a permanent accountant with the company. Clause 20 of the constitution of NT provides that: ● Roger shall be the permanent accountant of New Technologies Ltd (commencing 1 January 2018), at an annual salary of $150,000. After a change of directors, 5 years after the company was incorporated, Roger's service as a accountant was terminated. NT has offered to give Roger a lump sum amount of $300,000 as termination payment. However, Roger wants to continue and wishes to sue the company for brea of its constitutional obligations to him, relying on clause 20 in the company's constitution. With reference to the relevant sections of the Corporations Act 2001 (Cth) and case law related company constitution and the statutory contracts arising from this, discuss whether Roger is likel be able to enforce clause 20 of NT's constitution, and the benefits he stands to gain. Type your answer underneath each step below, add space as required
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Enforcing Clause 20 of NTs Constitution Examine the Validity of Clause 20 First it is essential to determine whether Clause 20 of NTs Constitution is ... View the full answer
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