Assume that you are a trainee solicitor in Delaney Williams, Lawyers and Consultants. You work with...

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Assume that you are a trainee solicitor in Delaney Williams, Lawyers and Consultants. You work with Jo Delaney, Lawyer and Partner. Prepare a single Memorandum of Advice addressed to Jo Delaney in accordance with the instructions set out below. Please read this whole document carefully- all five pages- and follow the instructions, the criteria and the advice contained herein. Please note that this document, and the assignment will be discussed in comprehensive terms in the workshops. The Factual context for the Assignment Mundrabilla Enterprises Pty Ltd fiMEPL) provides fencing services for windfarms. As it happens, each tower requires a minimum of 2 kms of fencing in total, so the business has grown quickly. Sonja Sadhu is the founder and MD of MEPL which was set up five years ago. Jade Thomas and Kumi Sykes are the other two directors. MEPL has 40 shareholders, and 15 employees, each of whom are shareholders. Billy-Ray has held 3% of the shares for five years. He was an original investor and provided start-up capital. His holding equates to 3,000 shares. Billy-Ray has made enquiries about selling the shares, given he wants to live overseas. Sonja has advised Billy-Ray that the shares are worth 'in the order of $10 each.' MEPL is looking to purchase farm land owned by a company, Faraway Pty Ltd, of which Sonja's brother in law, Sanjeev is a shareholder. Sonja has also been unofficially approached by Wind Farms International Ltd fiWFI) for preliminary discussions regarding the purchase of a controlling stake in MEPL. WFI have indicated they would be prepared to pay a 'considerable premium' to achieve a mutually beneficial deal. In this regard, WFI have indicated they would like to commence a due diligence process re MEPL. Sonja has sought advice from your firm on the following issues: 1. one? MEPL does not have a constitution. What would be involved in getting 2. The quorum for board meetings has been unofficially three; how can this practice be formalised? 3. Kumi prefers face to face directors' meetings. She is prepared to adapt and to learn how to use Zoom. How can this be catered for in MEPL's rules? 4. What is involved in putting together a shareholder's agreement for MEPL, and what role could it play? 5. The board of MEPL has shortlisted the parcel of land owned by Faraway Pty Ltd for potential purchase. Advise Sonja. 6. What are the issues relevant to the potential purchase of Billy-Ray's shares by either MEPL or Sonja? Assume that you are a trainee solicitor in Delaney Williams, Lawyers and Consultants. You work with Jo Delaney, Lawyer and Partner. Prepare a single Memorandum of Advice addressed to Jo Delaney in accordance with the instructions set out below. Please read this whole document carefully- all five pages- and follow the instructions, the criteria and the advice contained herein. Please note that this document, and the assignment will be discussed in comprehensive terms in the workshops. The Factual context for the Assignment Mundrabilla Enterprises Pty Ltd fiMEPL) provides fencing services for windfarms. As it happens, each tower requires a minimum of 2 kms of fencing in total, so the business has grown quickly. Sonja Sadhu is the founder and MD of MEPL which was set up five years ago. Jade Thomas and Kumi Sykes are the other two directors. MEPL has 40 shareholders, and 15 employees, each of whom are shareholders. Billy-Ray has held 3% of the shares for five years. He was an original investor and provided start-up capital. His holding equates to 3,000 shares. Billy-Ray has made enquiries about selling the shares, given he wants to live overseas. Sonja has advised Billy-Ray that the shares are worth 'in the order of $10 each.' MEPL is looking to purchase farm land owned by a company, Faraway Pty Ltd, of which Sonja's brother in law, Sanjeev is a shareholder. Sonja has also been unofficially approached by Wind Farms International Ltd fiWFI) for preliminary discussions regarding the purchase of a controlling stake in MEPL. WFI have indicated they would be prepared to pay a 'considerable premium' to achieve a mutually beneficial deal. In this regard, WFI have indicated they would like to commence a due diligence process re MEPL. Sonja has sought advice from your firm on the following issues: 1. one? MEPL does not have a constitution. What would be involved in getting 2. The quorum for board meetings has been unofficially three; how can this practice be formalised? 3. Kumi prefers face to face directors' meetings. She is prepared to adapt and to learn how to use Zoom. How can this be catered for in MEPL's rules? 4. What is involved in putting together a shareholder's agreement for MEPL, and what role could it play? 5. The board of MEPL has shortlisted the parcel of land owned by Faraway Pty Ltd for potential purchase. Advise Sonja. 6. What are the issues relevant to the potential purchase of Billy-Ray's shares by either MEPL or Sonja?

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Your Name Trainee Solicitor Delaney Williams Lawyers and Consultants Date Jo Delaney Lawyer and Partner Delaney Williams Lawyers and Consultants Subject Memorandum of Advice Legal Issues for Mundrabil... View the full answer