Parchment paper writing: June 2020

Sunday, June 28, 2020

How to Write an Essay in College Level

How to Write an Essay in College LevelAll students are advised to be aware of the fact that if they really want to make it big in the world of higher education, they should know how to write an essay in college level. This is not only true for the student of today but also for the one who will be graduating from college a few years down the road.The student who is aspiring to get a good grade must realize that the process that he has to go through before passing his exams or getting a letter of recommendation will be quite a struggle for him. Many of these students are taking the course of writing an essay in college level. However, this does not mean that they are simply clueless when it comes to academic matters.The essay should be as close to flawless as possible. It should be able to provide the students with information that will help them carry out their college studies with a flawless performance. If the student can successfully master the art of writing an essay in college le vel, then there is no way that he would ever have to feel embarrassed when he speaks to his professors or the dean of his college.If you are still a student and you want to know how to write an essay in college level, then it is vital that you are going to learn a little about how this skill can help you in your studies. This skill is important, but it does not necessarily mean that it should be done with a lot of difficulty. There are a lot of ways in which this skill can be learned and applied in a very professional manner. In order to be able to learn how to write an essay in college level, it is highly recommended that you read some useful tips on the topic from the internet.It is a good idea to get a few tips and resources on the topic so that you can start getting some basic information on how this skill can help you in your studies. By reading some useful tips on how to write an essay in college level, you will be able to get a better idea of what kind of essay you should be aiming for and how you can accomplish this task.Most of the articles available online will give you detailed guidelines and tips on how to tackle specific topics. You will find tips and strategies for tackling topics such as the topic of using the English language in essay writing, how to handle difficult topics that are commonly taught in college, and also topics that deal with the use of letters in essay writing. There are also some excellent tutorials that will teach you about how to perform the research, how to properly introduce a topic, and what constitutes an essay that is worthy of having a good grade.One thing that you will notice about most of the information available on how to write an essay in college level is that it focuses on making your essays easier and more readable. The important thing is to make sure that the essay is easy to read and easy to write, as it is the part of the students' education that they will be thankful for in the end.If you want to know how to write an essay in college level, then you will have to first make sure that you have a good understanding of how academic subjects are written in their formal form. After you have gotten a good grasp of how the topic is written, you will then be able to improve the essay that you write with the help of helpful hints and tips.

How to Write an Essay in College Level

Thursday, June 18, 2020

Awakening of Shareholder Activism - Free Essay Example

Awakening of Shareholder Activism: Reflection on Indian Framework Introduction Ãƒ ¢Ã¢â€š ¬Ã…â€œShareholder activism is not a privilege- it is a right and a responsibility. When we invest in a company, we own part of that company and we are partly responsible. If there is something wrong, we must become active and vocal.Ãƒ ¢Ã¢â€š ¬Ã‚ Mark Mobius Recognizing the significance and need for bringing about a transformation towards protection of minority shareholdersÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ interest, Indian legislature introduced the concept of Class Action Suit (Ãƒ ¢Ã¢â€š ¬Ã…â€œCASÃƒ ¢Ã¢â€š ¬Ã‚ ), or what is popularly known as Ãƒ ¢Ã¢â€š ¬Ã‹Å"representative suitÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢, within range of safeguards provided statutorily. This radical development has evidently found a strong foothold within the growing arena of corporate governance in India.[1] A civil law remedy in United States[2] and a crucial weapon for safeguarding investorsÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ interest within a company, class action recognizes shareholder activism as just another compon ent that is devised procedurally to entitle investors the right to take collective action against the prejudicial actions done by or on behalf of the company.[3] The new Companies Act, which was long-anticipated and welcomed in India recently, lays down a strict regime for those accepting deposits from the public and also gives protection for whistle blowers.[4] Class Action Suits: Concept and Scheme in other Jurisdictions In common parlance, the term Ãƒ ¢Ã¢â€š ¬Ã‹Å"class actionÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ suggests a legal recourse collectively initiated by a group of investors, having common interest and cause of action, on behalf of the company to seek remedy on behalf of all the other aggrieved investors. In other words, it gives right to one member on behalf of a group to initiate an action against the defending company on the premise that they have the same locus standi.ÃƒÆ'Ã‚ ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã‚ ¹[5] Governed by Federal Rules of Civil Procedure, 1938[6] and State laws within the framework of United States, class action has, over time, culminated into a broad spectrum of jurisprudence and procedural underpinnings. CAS was gradually broadened to cover monetary remedy.[7] On the other hand, European Union has restricted the scope of this remedy only to aggrieved consumers.[8] Another jurisdiction where the concept finds emphasis is Australia wherein this crucial component of discipline for shareholder activism has been generally discerned in light of principles of common law.[9] Significance and Lessons from Satyam Class action will afford protection to small and dissenting investors and make directors and promoters more accountable. Even though CAS has been well-established within Indian frame, the concept was not accorded much importance until it was statutorily recognized through introduction of its scheme within Companies Act of 2013 (the Ãƒ ¢Ã¢â€š ¬Ã…â€œ2013 ActÃƒ ¢Ã¢â€š ¬Ã‚ ). In the advent episodes of corporate farces like Enron in Un ited States and Satyam in India, shareholder protection has evolved as a novel discourse that reinforces responsibility of insiders to bolster their role as patrons for legal compliance of internal affairs. In addition to providing effective and economically viable recourse against the company than on an individual basis, representative suits aim to promote efficient settlement of claims while also minimizing resources. It is aimed at deterring company officials from giving effect to scrupulous maneuvers against the interests of a class of investors and averting legal compliance. The well-known Satyam debacle highlighted the need for regulation towards investor protection when small Indian shareholders were left with no effective remedy while investors who were based in United States were assured range of possible remedies.[10] This enormous set back culminated into efforts directed at protecting interests of persons like these investors who are devoid of any bargaining power. In Satyam fiasco, fraudulent schemes were floated while inflated balance sheets. Deceiving the shareholders regarding its profits, the company officials had flouted almost all the fiduciary duties. A New Beginning: Statutory Framework in India Ãƒ ¢Ã¢â€š ¬Ã…â€œRepresentative suitsÃƒ ¢Ã¢â€š ¬Ã‚ [11] and Public Interest Litigation (PIL)[12] were the only recourses available to the shareholders to enforce their rights against the company prior to the enactment of 2013 Act. Section 245[13] as enshrined under Chapter XVI (Ãƒ ¢Ã¢â€š ¬Ã…â€œPrevention of Oppression and MismanagementÃƒ ¢Ã¢â€š ¬Ã‚ ) of 2013 Act introduces the concept of CAS. Accordingly, it can be initiated under two situations, as namely: If the management of the company is being conducted in a manner prejudicial to the interest of the company, as provided under Section 245(1) or; in case of misleading statements in the prospectus, as stipulated under Section 34 to 36 of 2013 Act. These provisions deal with mis-st atement in prospectus and the criminal as well as civil liability associated with it. Section 245(1) enumerates the grounds for initiating CAS. These include restraining company from going beyond Memorandum, Articles or provisions of law, passing and acting on a resolution on the basis of suppression of material facts. The scheme of CAS, being a representative suit, stipulates a threshold required to be met for filing an application under Section 245(3) of 2013 Act. An application can be filed by hundred or more members of a company having share capital or a percentage of shares cumulatively held by aggrieved members as may be prescribed, whichever is less.[14] Any shareholder holding shares above this prescribed limit can file an application, provided these shares are fully paid up.[15] In cases involving a company having no share capital, an application is required to be filed by one-fifth of its total members.[16] An application can further be filed by hundred or more deposito rs of a company or group of depositors constituting the prescribed percentage, whichever is less. Furthermore, depositor(s) who has invested certain percentage of the total deposit as prescribed is eligible to file an application.[17] The procedure after admitting the application is provided under Section 245(5). It is initiated by service of a public notice to all the members or depositors of the company. Subsequently, all admitted applications are combined into a single application and all members or depositors are conferred freedom to collectively decide the lead applicant. If the members or depositors of the class are unable to come to a consensus, the National Company Law Tribunal (NCLT) is empowered to appoint an applicant who shall be in-charge of the proceedings on behalf of applicants.[18] No parallel application for the same cause of action is allowed under Section 245(5) (c). Moreover, the cost of proceedings is required to be compensated by company, and in case of suc cessful claim, by the fraudulent person. Company and all persons associated with it are bound by the order passed by NCLT.[19] In the event of failure to comply with the order, the company shall be punished with fine which shall not be less than rupees five lakh but may extend to rupees twenty-five lakh.[20] In respect of Ãƒ ¢Ã¢â€š ¬Ã‹Å"every officer of the company who is in defaultÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢[21], the punishment covers imprisonment for a term which may extend to three years and with fine which shall not be less than rupees twenty-five thousand and more than rupees one lakh.[22] Additionally, the concept of CAS does not apply to Banking Company.[23] The provisions of Sections 337 to 341 of 2013 Act, which deal with liability of certain company officials for committing fraud during winding up mechanism, are to apply mutatis mutandis[24] in relation to an application made to NCLT. The legal expenses incurred while pursuing class action by members under Sections 37 and 245 can be reimbursed from Investor Education and Protection Fund, provided it is authorized by NCLT.[25] As per SEBI (Investor Protection and Education Fund) Guidelines of 2009, Investor Protection and Education Funds are required to be maintained by Securities Exchange Board of India (SEBI) for aiding legal proceedings taken by the investor associations that are registration. Clause 5(2)(d) of the Guidelines provides for Ãƒ ¢Ã¢â€š ¬Ã‹Å"aidÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ to investorsÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ associations, that are recognized by SEBI. Accordingly, investors are provided financial assistance to undertake legal proceedings for safeguarding their interest in securities that are listed or proposed to be listed on any of the recognized Stock Exchanges.[26] Notably, the ambit of the term Ãƒ ¢Ã¢â€š ¬Ã‹Å"aidÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ is broad enough and hence can be interpreted to cover litigation cost under CAS. Due to similar wordings of the provisions under Sections 245 and 241, class action is misread with provisions governing oppression and mis-management. An application under Section 241against oppression and mis-management can only be filed by members of the company whereas, under Section 245, both members and depositors can file applications.[27] Even though both provisions provide certain thresholds, it is worthy to note that the NCLT has discretion to waive threshold in cases dealing with oppression and mis-management.[28] While applications under Section 241 can be filed against the company and its statutory appointees, Section 245 applications can be filed against the company, any of its directors, auditor, including audit firm, expert or advisor or consultant or Ãƒ ¢Ã¢â€š ¬Ã‹Å"any other personÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢.[29] Application under Section 241 is restricted to past, present or recurring activity. However, the scope of remedy for CAS is wide enough to cover future actions of the company. Essentially, the rationale for having distinct provisions for class acti on and recourse against oppression and mis-management was that, although majority of cases for oppression and management were entertained by Company Law Board (CLB), the scope of these cases failed to cover all forms of fraudulent conduct by defaulter or any person who may be associated with the company. Offshoot of Corporate Governance: Revolutionary or Hollow? Clearly, the new provision under Section 245 lacks clarity which, in turn, erodes its effectiveness. The scope of the term Ãƒ ¢Ã¢â€š ¬Ã‹Å"depositorÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ has been restricted to circumstances that involve acceptance of Ãƒ ¢Ã¢â€š ¬Ã‹Å"depositÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢[30]. The rationale for explicitly excluding the depositors who are in consultation with Reserve Bank of India cannot be logically comprehended as there may only be negligible considerations distressing the component of deposit. Moreover, the provisions for CAS clearly allow piercing the corporate veil by allowing members to take action against auditors, expert or any other person who have a contract with company. This breaches the privity of contracts executed by the company and such persons. Section 245 fails to provide opt-out mechanism for the investor who may choose to move NCLT individually. In United States, if an investor is not satisfied with settlement made on his behalf, he/she is conferred the option to opt-out of the proceedings.[31] Further, contingency fee is allowed for in United States. This incentivizes investors to combine their claim and initiate collective proceeding.[32] On the contrary, as per Bar Council of India Rules and Advocates Act of 1961, contingency fee not permitted in India. Furthermore, Courts have been following the practice of awarding cost in favor of winning party. Consequently, the losing party is required to incur all costs which is undoubtedly an additional burden sanctioned by Court. Therefore, if plaintiff-investors lose CAS, they are required to sustain huge losses comprising of the l itigation fees, investment in the company and defendantÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢s litigation cost. Section 245 fails to provide limitation period. Moreover, the compensation awarded as a group may be argued to be less as compared to the individual case. VI. Conclusion CAS will strengthen investorsÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ protection and will retain investor confidence. The power given to the members will deter auditors, experts, directors and advisors from being flouting the accuracy of financial data and promote quality of its reporting. The major advantage of CAS is out-of-court proceedings before a specialized forum like NCLT. The adjudication of disputes before NCLT promises efficiency and less consumption of time. This consideration, however, will be diminished by the lack of certainty within relevant CAS provisions. Consequently, the numerous discrepancies will make recurrent Court proceedings a commonplace. While considering the cost of coordinating and filing suit, the scheme of CAS is necessary to be inculcated within the practice of investor associations. However, there are very few investors association that are registered with SEBI.[33] It is, undoubtedly, important that investors are made aware of the newly incorporated provisions in order to be able to fully address their concerns against those of companies. 1 | Page [1] Khushboo Narayan, Model India Files Class Action Suit in NSEL case, LiveMint, January 15, 2014. Available at: lt;https://www.livemint.com/Companies/dBYpED1LWXWA9Vp4F1qX9O/Modern-India-files-class-action-suit-in-NSEL-case.htmlgt;. [2] Fed. R. Civ. P. 23. [3] PR. Raamaanathan, Class Action Law Suits vis-ÃƒÆ'Ã‚ -vis Companies Act, 2013, 42 Taxman 513 (2014). [4] Public Trust of India, Now, Whistleblowing Mechanism for Public Deposit Taking Companies, The Financial Express, October 02, 2013. Available at: lt;https://www.financialexpress.com/news/now-whistle-blowing-mechanism-for-public-deposit-taking-companies/1177349gt;. [5] Alipak Banerjee, M.S. Ananth and Vyapak Desai, U.S. Court Dismisses Class Action Suit Against Mahindra and Mahindra, Dispute Resolution Hotline, (Mar 26, 2014). Available at: lt;https://www.nishithdesai.com/information/research-and-articles/nda-hotline/nda-hotline-single-view/newsid/2316/html/1.html?no_cache=1gt;; J.J. Iraniet. al.,Report of The Expert Committee on Company Law. Available at:lt;https://www.mca.gov.in/MinistryV2/chapter7.htmlgt;. [6] Fed. R. Civ. P. 23. [7] Barabin v. Aramark Corp., No. 02-8057, 2003 WL 355417, at *1 (3d Cir. Jan. 24, 2003)(citing James v. City of Dallas, 254 F.3d 551, 571 (5th Cir. 2001)); Jefferson v. Ingersoll IntÃƒ ¢Ã¢â€š ¬Ã¢â€ž ¢l, Inc.,195 F.3d 894, 898 (7th Cir. 1999); Murray v. Auslander, 244F.3d 807, 812 (11th Cir. 2001). [8] John Davies and Andrew Austin, Consumer Class Actions in the EU, Freshfields Bruckhaus Deringer, (April, 2009). Available at: lt;https://www.freshfields.com/uploadedFiles/SiteWide/Knowledge/Consumer class actions in the EU.pdfgt;. [9] Federal Court of Australia Amendment Act (Cth), Part IV A (1991); See. Stuart Clark and Colin Loveday, Class Actions in Australia: An Overview, Clayton Utz, (2004). Available at: lt;https://www.claytonutz.com/docs/Class Actions_Aug04.pdfgt;. [10] John Samuel Raja, Corporate Governance: How New Rules Will Change Indian Companies, The Economic Times, Jan. 8, 20 13.Available at: https://articles.economictimes.indiatim es.com/2013-01 08/news/362166631 corporate-governance-companies-bjp-president-nitin-gadkari/2gt;; Also See. Ruchir Sinha and Nishchal Jodhpuria, The Great Deception, Asia Law, February 2009. Available at:lt;https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Ma Lab/AsiaLaw-Satyam.pdfgt; . [11] Civil Procedure Code, Order I, R. 8 (1908). [12] Paul Karlsgodt (Ed.), World Class Actions: A Guide to Group and Representative Actions Around the Globe, 525 (Oxford University Press 2013); Supreme Court of India has upheld S.P Gupta v. Union of India, AIR 1982 SC 149 and Upendra Baxi v.State of U.P., (1981) 3 Scale 1136, uphold the validity of PublicInterest Litigations. [13] The Companies Act, 245 (2013). [14] Id. 245(3) (i) (a). [15] Id. 245(3) (i) (a). [16] Id. 245(3) (i) (b). [17] Id. 245(3) (ii); See. The Companies Act, 75 (2013). [18] Id. 245(5) (b). [19] Id. 245(6). [20] Id. 245(7). [21] Id. 2(60). [22] Id. 245(7). [23] Id. 245(9). [24] Cas es [25] The Companies Act, 125(3)(d) (2013). [26] SEBI (Investor Protection and Education Fund) Guidelines, R. 5(2) (d) (2009). [27] The Companies Act, 245(3) (ii) (2013). [28] Id. 244(1) Proviso. [29] Id. 245(1) (g). [30] Id. 2(31). [31] Fed. R. Civ. P. 23(e)(3); See. Muhammad v. County Bank of Rehoboth Beach, Del., 189 N.J. 1, 912 A.2d 88 (2006). [32] Model Rules of Professional Conduct, Rule 1.5 (c) (1983). [33] Bharati V. Pathak, Indian Financial Systems: Markets, Institutions and Services, 757, Dorling Kindersley (3rd ed., 2011).

Sunday, June 14, 2020

Essay Topics - The Graveyard Book

<h1>Essay Topics - The Graveyard Book</h1>When it goes to The Graveyard Book, no theme is a higher priority than cemetery decorum. In spite of the fact that these subjects are more for your understudies to know and use in discussion with one another, they are significant for the essay.The Graveyard Book is a dream novel composed by Edgar Allan Poe. In this book, the fundamental character of Regan Black is out traveling through the open country while riding on a pony. At a certain point, while taking a gander at a memorial park where a lady's body has been covered, the pony unearths a severely damaged man who is battling to put the dead body back in its grave.Throughout the book, Regan experiences a few 'apparitions' or individuals who have kicked the bucket as of late. Regan attempts to support the apparition and discovers that the dead lady who was covered in the memorial park had been a profound spread FBI agent.Cemeteries are where numerous individuals discover harmony and rest. Numerous individuals visit burial grounds for unique events, for example, weddings, graduations, commemorations, immersions, memorial services, birthday celebrations, and other such extraordinary events. One of the most well-known discussion subjects in schools today is the best possible approach to manage the perished. This happens both in school and out in the genuine world.The Graveyard Book additionally incorporates a great deal of recorded data about memorial parks and what precisely is occurring inside the cemetery at various seasons. Despite the fact that you should cover a portion of different themes, most secondary schools require a two-page article that incorporates a conversation of what the burial grounds are and how they are used.The subjects you talk about can be founded on the special seasons, history, random data, or pretty much whatever else that you can consider. You ought to make certain to incorporate thoughts, for example, what the cemeteries are for, what they used to resemble, where they are found, what they resemble, and what happened when the individual was covered. It is a smart thought to record a few thoughts that come to you as you come since you might not have the opportunity to return and change things later on.Another significant thing to think about the subject is that you should keep your points identified with the plot of the book or film. In the event that you talk about the historical backdrop of the memorial park, at that point the theme may should be balanced later on. The exact opposite thing you need to do is become involved with composing something that will be somewhat not the same as the topic.So return and read The Graveyard Book once more. There are a ton of intriguing themes that you can cover on this subject, so don't stop for a second to evaluate some new thoughts and questions and see what ends up being admirably for you.

Thursday, June 4, 2020

Research Paper Topics

Research Paper TopicsWriting an argument paper can be challenging and time consuming. It requires you to create a convincing argument with the topic based on something that has already been written. The essay should contain enough information to convince the reader that your points are based on the facts. So, if you want to avoid having to rewrite it several times, you should make use of research arguments.Research topics, also known as research arguments, are relevant information from the field of research. These arguments provide a base for the creation of your thesis or the title of your essay. It also allows you to write in a way that gives more credibility to the information you have provided. Research topics also help you to know the details about your topic.In fact, you can also try to go for a research topic that can be easy to research. If you are writing an argument paper for your science or history degree, you can research the topic of evolution, for example. In this way, you can build up a relationship between evolution and science and vice versa.Another type of essay is a critical essay which involves analyzing a particular topic and its relation to other similar topics and/or events in history. This type of essay is usually based on a single topic. The main goal of this type of essay is to encourage others by showing the relevance of the argument.The second type of essay is an argument based essay. This type of essay provides details about the facts and makes an argument based on those facts. It also includes points and supports that your opponent would raise against the argument. It could also include other details to help support the argument.As you can see, there are several types of research essay. Based on the topic of your research, you can choose the one which is most suitable for you.The research topic should not be chosen by randomly, but should be a part of your plan according to the requirements and style of the area of research you are undertaking. Your research argument paper topics should be taken into consideration, and you should also look for a good research topic at the same time.