Essay about Value Chain Analysis - 3406 Words

Value Chain Analysis The article focuses on the main aspects of Value chain analysis. The activities entailed in the framework are discussed in detail, with respect to competitive strategies and value to the customer. The article includes tips for students and analysts on how to write a good Value chain analysis for a firm. Moreover, sources of findings information for value chain analysis have been discussed. The limitations of Value Chain analysis as a model have also been discussed. Introduction The value chain approach was developed by Michael Porter in the 1980s in his book â€Å"Competitive Advantage: Creating and Sustaining Superior Performance† (Porter, 1985). The concept of value added, in the form of the value chain, can be†¦show more content†¦An efficient procurement department should be able to obtain the highest quality goods at the lowest prices. †¢ Human Resource Management This is a function concerned with recruiting, training,, motivating and rewarding the workforce of the company. Human resources are increasingly becoming an important way of attaining sustainable competitive advantage. †¢ Technology Development This is an area that is concerned with technological innovation, training and knowledge that is crucial for most companies today in order to survive. †¢ Firm Infrastructure This includes planning and control systems, such as finance, accounting, and corporate strategy etc. (Lynch, 2003). Figure 1 The Value Chain Source: Porter (1985) Porter used the word ‘margin’ for the difference between the total value and the cost of performing the value activities (Figure 1). Here, value is referred to as the price that the customer is willing to pay for a certain offering (Macmillan et al, 2000). Other scholars have used the word ‘added value’ instead of margin in order to describe the same (Lynch, 2003). The analysis entails a thorough examination of how each part might contribute towards added value in the company and how this may differ from the competition. In a study of SaudiShow MoreRelatedValue Chain Analysis1651 Words   |  7 Pagesorganization should adopt the various application of information technology. This will put the organization at the forefront in terms of innovation as well as give the organization a competitive advantage (Hitt amp; Robert, 2011, p.10). Value chain analysis is a model that was developed by Michael Porter to help an organization develop a strategy for its organization. Michael porter suggested that organization activities can be grouped into two major categories which include the following; primaryRead MoreValue Chain Analysis And Analysis1589 Words   |  7 Pagesdiscuss and explore the value chain analysis and the internal analysis in the strategic management. The focus of this report is to study the value chain analysis in detail along with the advantages and disadvantage of the value chain analysis. Also, the internal analysis is also discussed along with its pros and cons and the SWOT analysis of Next Plc. This report also discusses the way in which organizational resources are mixed to develop company’s abilities, Value Chain Analysis Keane (2008) statedRead MoreAn analysis of porters value chain1188 Words   |  5 Pagesfirms can gain a competitive advantage, it is useful to model the firm as a chain of value creating activities. For this purpose, Porter identified a range of interrelated generic activities common to a wide range of firms. The resulting model is known as the value chain. According to Porter (1985), Competitive Advantage arises out of the way firms organise and arrange discrete activities. Through using the Value Chain, the activities performed by a firm competing in a particular industry canRead MoreValue Chain Analysis For Costco1000 Words   |  4 PagesThe purpose of this paper is to do a value chain analysis of Costco, identify their resources and capabilities, to conduct a SWOT analysis to identify the opportunities in which they are lagging and to form a strategy to move forward using the recourses and capabilities in the direction of utilizing those opportunities. Value Chain Analysis for Costco Conducting a value chain analysis provides a snapshot for identifying a firm’s relative competitive performance, core competencies, and for focusingRead MoreSwot Analysis : Value Chain1514 Words   |  7 PagesIntroduction Value chain analysis has proven to be a useful tool for knowing how an organization can create the greatest value for its customers. Michael Porter (1985) in his book competitive advantage states that â€Å"understanding how a business creates value are essential elements for developing a competitive advantage.† [1]. According to porter (1985) value chain is â€Å"the process view of an organization, the idea of seeing an organization as a system, made up of subsystems each with inputs, transformationRead MoreCompany Analysis : Value Chain Analysis Essay1291 Words   |  6 PagesValue chain represents the internal activities a firm engages in when transforming inputs into outputs. Value chain analysis is a process where a firm identifies its primary and support activities that add value to its final product and then analyze these activities to reduce costs or increase differentiation. Value chain analysis is also a strategy tool used to analyze internal firm activities. Its goal is to recognize, which activities are the most valuable (i.e. are the source of cost or differentiationRead MoreValue Chain Analysis of Aggreko2672 Words   |  11 PagesUniversity of Stirling Pre-Masters Skills for Business Environment Value chain analysis of Aggreko Name: Rita Date: 2011 Tutor: David Dick Value chain analysis of Aggreko 1. Introduction Currently, along with the increasingly development of globalization, every walks of life has to confront with the fierce competition. Even electric power market is no exception as well. Furthermore, more and more companies have not satisfied with the domestic market, they have focused onRead MorePorters Value Chain Analysis1879 Words   |  8 PagesThe value chain shows the internal steps a company or organization takes to transform inputs into outputs (Jurevicius, 2013). As the products pass through each stage or activity, value is added until they ultimately are ready to reach the consumer. Value chain analysis a process where a firm identifies its primary and support activities that add value to its final product and then analyze these activities to reduce costs or increase differentiation (Jurevicius, 2013). The use of value chain analysisRead MoreMcdonalds Value Chain Analysis5751 Words   |  24 Pagesservice restaurant industry in terms of market share and brand value. Com mitted in quality, service, cleanliness, and value, McDonald’s must deliver its product to consumers with consistency and efficiency. This report will explore how McDonald’s corporation maintains its operational excellence through support from integration of sophisticated technologies. It suggests that to be able to apply technology in organization, value chain process must be defined and by then, information technology canRead MoreUps Value Chain Analysis864 Words   |  4 PagesValue Chain Model and Competitive Force Model BUSA 310: Dr. Chris Lee Carl Field Justin Kelly Jacob Augustine Monique Becker Value Chain Model [pic] Value Chain Model of United Postal Service United Postal Service (UPS) and every business has a Value Chain Model in order to be able to make sure that you have the best values for your internal and external customers. We have two activities, which are the Support and Primary. The UPS Support activities involve the Firm Infrastructure

The Problem Of The Overpopulation Problem - 1122 Words

Perhaps one solution for the overpopulation problem is to provide all children, who have reached puberty with Reproductive Education License of Four (REL4). REL4 is a two-step solution program that will provide education and contraception, which will decrease the population growth. Jennifer Weeks (2015) article, â€Å"Global Population Growth,† discusses the number of women without access to birth control. Research conducted by a nonprofit organization showed nearly 225 million women globally, including those looking to prevent conception, were in need of birth control (Weeks, 2015, p. 2). This evidence demonstrates the need for contraception worldwide and REL4 will provide for this need. If contraceptives are not offered worldwide the†¦show more content†¦The first step, Reproductive Education (RE) is in-depth sex education and use of contraceptives, which will be given to all children when puberty is reached. This education will be optional and only given with written consent from the parents. However, there are stipulations associated with denial of the education, such as fines if the child has an unplanned pregnancy. A governmental licensing agency will provide the second step, which will be when two consenting adults are ready to conceive a child. This step in the solution is a licensing process that is required in order to have a child. However, a limit of four (L4) children per consenting adult will be stipulated. Once either adult has conceived four children, that individual will be mandated to have a vasectomy for men or a tubal ligation for woman. This solution will provide education, contraceptives, and licensing that tracks the number of pregnancies, which will actively slow the population growth rate. The cost of REL4 will be minimal. Subsequently, the education will be provided in private and public school curriculum and during well visits with a primary care physician, which will be included in educational taxes and insurance coverage. The L4 will not be optional and will pay for itself with the cost of the license fee. All governments will oversee and control reproductive liberties. This solution is practical, because the government is not controlling if and when one has a childShow MoreRelatedThe Problem Of Overpopulation And Overpopulation1102 Words   |  5 PagesIreland in the 1720’s, poverty and overpopulation were at a problematic rate. Many of the people who lived in England were exiled to Ireland. Many of these Englishmen felt mistreated and wronged. Ireland was a colony to England. The people of England had more money and power than the people of Ireland because England controlled Ireland. Johnathon Swift, a satirical writer, wrote â€Å"A Modest Proposal† to show the flaws of the current solutions to the overpopulation and poverty crisis in Ireland. He wantedRead MoreOverpopulation a Problem?1464 Words   |  6 PagesIs Overpopulation a Serious Problem? This question seems to be question that is asked quite frequently lately. In the last two centuries, population has skyrocketed. In 1800 the world population was only at 1 billion, and today its estimated that the world population exceeds six billion people. With overpopulation, many problems have arisen. Some believe that overpopulation is the reason for world hunger, global population will reach crisis proportions by 2050, and some believe that overpopulationRead MoreOverpopulation : The Problem Of Overpopulation1251 Words   |  6 PagesOverpopulation: The Top Worry Yet to be Proven by the Worried The definition of hysteria is an exaggerated or uncontrollable emotion, usually found within groups of people. An example of hysteria includes overpopulation, the futuristic â€Å"problem† that is not and will not be a dilemma in the foreseeable future. Back in 15,000 B.C., the world population was five million. Today, it is a staggering seven billion plus. This has caused unease that overpopulation will be a problem for our future generationsRead MoreOverpopulation Is A Problem Of Overpopulation1529 Words   |  7 Pagesthe whole humankind. Overpopulation is a problem that every nation is facing but sometimes over looked by due to lack of understanding and awareness. This is a serious issue that should be taken care of immediately. Overpopulation is an undesirable situation where the number of existing human populace surpasses the carrying capability of Earth. There are main factors that are contributing overpopulation such as the rising birth rate and declining of mortality rate. Overpopulation occurs when the birthRead MoreOverpopulation And The Problem Of Overpopulation1388 Words   |  6 PagesTo begin with, in demography, the term overpopulation refers to a condition wherein the total population of a particular region far exceeds the carrying capacity of the region. Although the term by and large refers to the ratio between population and the available area, the ratio between the population and available resources cannot be ignored. First, the rate at which the population is growing; the data compiled by the United Nations shows that the world population grew by 30 percent betweenRead MoreOverpopulation And The Problem Of Overpopulation1747 Words   |  7 PagesOverpopulation Programs There are many organizations that deal with the problem of overpopulation or problems related to the effects of overpopulation such as environmental effects. Some of the organizations that I found related to this topic are the United Nations Population Fund, a group called Population Matters, another group called the World Population Balance and the Center for Biological Diversity. All of these groups deal with the issue of overpopulation and the effects that overpopulationRead MoreThe Problem Of Overpopulation And Overpopulation872 Words   |  4 PagesHuman overpopulation. Human population can be defined as the condition whereby, the total count of the human inhabiting a certain area exceeds the carrying capacity of the area Bongaarts, (2011). This brings out an issue of the carrying capacity of the region which alludes to the number of individuals who can inhabit a certain area for a given period. It may also be looked at as the situation whereby the available renewable resources in a certain area can satisfactorily support the current populationRead MoreOverpopulation Is Not The Problem1395 Words   |  6 Pages Overpopulation Overpopulation is a prominent controversial topic among society, in which some believe the exponential growth of humanity is detrimental to its future, whereas others conclude this theory is a myth due to human nature and resources. In Isaac Asimov’s, â€Å"The Case Against Man†, he elucidated the verity of overpopulation, emphasizing that the disproportion of earth’s carrying capacity and its resources will inevitably lead to humanity’s demise. Introducing the notion thatRead MoreProblems Associated With The Overpopulation Problem1553 Words   |  7 Pagesthe problems associated with a rapidly growing population leading to overpopulation, such as an increase in hunger, a loss of land, and a loss of resources received from the land. I will discuss when the problem began and the history of how fast the world’s population has multiplied from the lack of contraception assistance due to cost or availability, consequently, resulting in the overpopulati on problem. Additionally, I will discuss who and what are affected by the overpopulation problem. FurthermoreRead MoreOverpopulation : The Convoluted Problems Of Overpopulation896 Words   |  4 PagesOverpopulation The convoluted problems concerning overpopulation remain to be a highly discussed issue in various countries throughout the world. Some issues that are in support of overpopulation include the opportunity to place innovative ideas into action, aids in stimulating the economy, creates job openings in new growing industries, increased human resources, encourages competition, advancement in urbanization and development, creates a demand for industries like farming, and allows for cheaper

The Joy And Revelation Of A Christmas Carol - 1563 Words

Imagine a staged production of A Christmas Carol set in 1843. See the stage set in the exact time it was written by Charles Dickens. The foggy, crowded streets abuzz with carolers and shoppers, the children staring wide eyed into the shops and bakeries. Hear the bells ringing as a round of â€Å"Hark the Herald Angels Sing† fills the gaslit streets with joy. As a child, going to see A Christmas Carol was one of my fondest Christmas memories. To witness Scrooge s’ transformation from a mean, greedy old man to a joyous, loving benefactor always left me smiling and filled me with hope. Christmas is one of the most magical times of the year, for me, and the many stage and film versions of Dickens’ masterpiece offer many opportunities to experience the joy and revelation of A Christmas Carol. Pick from Alastair Sims version, Patrick Stewart, Bill Murray’s Scrooged, The Muppets and the 3-D masterpiece with Jim Carrey, just to name a few. It’s safe to say it is a very popular show done an infinite number of different ways. That is why as a director I would create a contemporary staging of A Christmas Carol in New York City. Now, at first glance this may seem unoriginal, but for me it is a perfect setting to honor the story in its original form. In terms of script, the version I would choose, is a translation by David Lawver from 2011 (Lawver). It’s royalty free and stays true to Dickens’ novel I want to keep the original script as much as possible since the words of this storyShow MoreRelatedThe Spirit Of Christmas By Charles Dickens1498 Words   |  6 PagesThe True Spirit of Christmas The Spirit of Christmas, Part 1 Text: Luke 2; Matthew 2 Date: November 30, 2014 INTRODUCTION Play intro video during offering — â€Å"Christmas Spirit (The Right Way)† (Show series slide.) Today we begin a Christmas teaching series called â€Å"The Spirit of Christmas.† What do you think the â€Å"Spirit of Christmas† is? (Allow responses) Perhaps it might be best to begin with what the Spirit of Christmas is not: Fully-loaded eggnog or other drinkable â€Å"spirits† The ghost of ChristmasesRead MoreUse of Ghosts to Change Victorian Society in A Christmas Carol by Charles Dickens3307 Words   |  14 PagesUse of Ghosts to Change Victorian Society in A Christmas Carol by Charles Dickens A Christmas Carol is a novel by Charles Dickens, written in the Victorian era about a man named Ebenezer Scrooge. The book was written to remind people that we should all be kinder and more generous towards one another, and keep the spirit of Christmas all the year, not only in the Christmas season. Scrooge is a representation of most of Victorian society, and he is used by DickensRead MoreNarrative techniques of Charles Dickens in Oliver Twist and David Copperfield6299 Words   |  26 Pagesplot†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦Ã¢â‚¬ ¦.8 4.2. Narrative form†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦.8 4.3. The building of characters†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦..†¦.10 4.4. The placing of the narrator†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦....†¦...10 4.5. Different approaches toward situations†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦..11 4.6. The revelation of the narrator†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦.12 5. Similarities between Oliver Twist and David Copperfield†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..13 6. Conclusion†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.......15 Bibliography†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.16 References†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦....17 Read MoreDavid Copperfield9349 Words   |  38 Pagescareer simply took off from that point and Charles became a full time novelist, his first work being Oliver Twist.   Much of Charles work was first published as monthly periodicals Although he began to release a Christmas book on a regular basis, the first of which being A Christmas Carol, published in 1844 and the last being The Haunted Man in 1849. From 1842, Charles and his family began to travel throughout the world. Initially visiting Canada and the United States. He later travelled to ItalyRead MoreMarketing Mistakes and Successes175322 Words   |  702 Pagesyears, for better or for worse, and these we have captured to add to learning insights. After so many years of investigating mistakes, and more recently successes also, it might seem a challenge to keep these new editions fresh and interesting. The joy of the chase has made this an intriguing endeavor through the decades. Still, it is always difficult to abandon interesting cases that have stimulated student discussions and provoked useful insights, but newer case possibilities are ever contestingRead MoreIgbo Dictionary129408 Words   |  518 Pageselements occur alone: à ¨do à ¨dà ² (yellow) because of à ¨do (yellow dye); but together if the elements have undergone a sound change: á » sá »â€¹Ã„ «Ã¯â‚¬ ¬sá »  xiii Igbo Dictionary: KayWilliamson. Draft of Edition II d. e. (quickly) or cannot occur alone: Ç ¹gà ²Ã¯â‚¬ ¤Ã‡ ¹gà ²Ã¯â‚¬ ¤ (joy). Nwachukwu (1983a) suggests that all reduplicated words should be written together, and this could be justified on the grounds that the reduplicated items often function in different grammatical contexts from the unreduplicated ones Nominal phrasesRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesArendt, University of Wisconsin, Green Bay Anke Arnaud, University of Central Florida Mihran Aroian, University of Texas, Austin Gary Ballinger, Purdue University Deborah Balser, University of Missouri at St. Louis Christopher Barlow, DePaul University Joy Benson, University of Wisconsin at Green Bay Lehman Benson III, University of Arizona Jacqui Bergman, Appalachian State University Anne Berthelot, University of Texas at El Paso David Bess, Shidler College of Business at the University of Hawaii BruceRead MoreMarketing Mana gement 14th Edition Test Bank Kotler Test Bank173911 Words   |  696 PagesDifficulty: Moderate 41) During a focus-group session, one set of participants indicated that Dell computers reminded them of a surfer, Apple computers of a mad scientist, and IBM was equated to Ebenezer Scrooge from Charles Dickenss tale, A Christmas Carol. Which of the following qualitative research approaches relates to the approach described above? A) projective techniques B) visualization C) brand personification D) laddering E) brand architecture Answer: C Page Ref: 107 Objective:Read MoreFundamentals of Hrm263904 Words   |  1056 PagesPalmer, Illinois State University; Eugene Garaventa, College of Staten Island; Carolyn Waits, Cincinnati State University; Joyce Guillory, Austin Community College; Diane Regal, Sullivan County Community College; Robert Perkins, Mercer University; Carol A. Spector, University of North Florida; and Kim Lukaszewski, SUNY, New Paltz. A book doesn’t simply appear automatically on bookstore shelves. It gets there through the combined efforts of many people. For us, this is the outstanding publishing team

Principle Contemporary Corporate Governance-Myassignmenthelp.Com

Question: Discuss About The Principle Contemporary Corporate Governance? Answer: Introducation In Australia, the Corporation Act (Cth) is the legislative instrument which applies on the companies and through which different provisions are provided which help in the running of operations of the companies. A key part of this act relates to the duties of the directors, who run the operations of the company on behalf of the company. ASIC v Macdonald (No. 11) [2009] NSWSC 287 is a case where the contravention of duties of directors was decided by the Supreme Court of New South Wales. In this case, the court considered whether the officers and directors of James Hardie Industries Ltd (James) were in breach of duties covered under section 180(1) of this act. This section relates to the obligation of care and diligence and the matter was brought before the court regarding the boards approval and the release of a defective media management to Australian Securities Exchange, i.e., ASX (Hargovan, 2009). Through this discussion, an attempt has been made to detail this case based on the allegations which the Australian Securities and Investments Commission, i.e., ASIC made in this, in addition to the decision given by the court in this case. Background James was the holding company of the James Hardie Group (Group) which was responsible for the manufacturing and sale of asbestos products till 1937. Jsekarb Pty Ltd (Jsekarb) and James Hardie Coy Pty Ltd (Coy) were the two wholly owned subsidiaries of James for the period of 1937 to 1987 and they were also both the manufacturer and seller of asbestos products. In the starting days of February 2001, the board of James had created a foundation and named it Medical Research and Compensation Foundation. This foundation was created for managing and paying the claims which were raised for the asbestos related claims made against the Group. In connection to the creation of this foundation, the board approved a draft announcement for the ASX and this was also circulated in the general public through its release (Lavan, 2017). Concurrently, a covenant and indemnity deed was entered into by James with Coy and Jsekarb, due to which James was indemnified from all liabilities which were brought forward owing to the sale or manufacturing of asbestos products by James (Czoch and Mulder, 2010). The Group then released an ASX announcement which stated that the Foundation had asset, the value of which was $293 million and that these would be sufficient for fulfilling the purpose of the genuine claims which were expected to be raised from such people who had been harmed due to the asbestos products. During the press conference, it was claimed that Macdonald, who was the chief executive officer of James made a statement regarding the funds in the Foundation being sufficient for the purpose of the claims. The same theme was followed in the ASX announcements which were made in the weeks to come in relation to this Foundation. Though, the ASX announcements never covered a disclosure regarding the Deed (Norton Rose Fulbright, 2010). Upon the creation of this Foundation, a new company, which was holding of James, was formed, and this company was JHINV, and the place of incorporation of this company was the Netherlands. In 2002, overseas presentations were made by Macdonald, the defendant of this case study, in the matter of James and it was so represented that the Foundation had sufficient funds (Plessis, Hargovan and Bagaric, 2010). In 2007, the ASIC raised civil proceedings against James and JHNIV for the misleading and deceptive conduct, for the false statements which were made related to the securities and for the continuous disclosure failures (Czoch and Mulder, 2010). Breach Of Duties Section 180 of the Corporations Act, 2001 covers the provisions regarding duty of the accounting and the directors of the company regarding care and diligence. Under section 180(1), it has been stated that the individuals have to apply care and diligence in their work, when their powers are being utilized by them and when they are discharging their duties, as would be done in their place, by a reasonable/ rationale person who held their office in similar situation with same powers and duties (Federal Register of Legislation, 2017). If the provisions of section 180(1) are not fulfilled, the civil penalties covered under section 1317E become applicable, which gives the power to the court to make a declaration of contravention, pursuant to which, the ASIC can apply for a disqualification order as per section 206C or seek pecuniary penalties as per section 1317G (Austlii, 2017). The duty under this section is applied with the misleading and deceptive conduct of the directors where the directors have been given some crucial or significant information, which could result in a civil claim being made against the company in which they are the director or officer, owing to the deceptive or misleading conduct. This makes it obligatory for the directors to ensure diligence and care while releasing any information and also to ensure that the information which is released is not misleading or deceiving (Gadens, 2010). A similar duty can be seen in section 181, which requires the directors and officers of the company to use their powers and discharge their obligations in the best interest of the company, with good faith and lastly, for proper purpose (Department of the Premier and Cabinet, 2016). The breach of this section also attracts penalties under section 13177E. Decision Of Court Justice Gzell presided over this matter and gave his decision regarding each point in a specific manner. He stated that in connection to the draft announcements made to ASX, all the 7 ex non-executive directors, the General Counsel, the CEO and the CFO of James were in breach of section 180(1) as they had failed in ensuring that the draft announcement regarding the funds sufficiency of the Foundation was not deceiving or misleading regarding paying the compensation to the victims (Czoch and Mulder, 2010). In the matter of the deed, His Honour stated that the CEO and the General Counsel were in contravention of section 180(1) due to their failure in giving the proper advice to the board of the company appropriately, which could have allowed the Deed to be properly disclosed (Jacobson, 2009). With regards to the ASX Announcements, which had been properly approved, His Honour stated that section 180(1) had been contravened by the companys CEO, which was MacDonald, as he failed in ensuring that the made announcements were nether misleading nor deceptive. Along with this, the sections 995(2) and 999 of Corporations Act were also contravened due to the misleading and deceptive information being released under the ASX Announcements (Sixth Floor St James Hall Pty Limited, 2009). His Honour also looked into the presentations made by MacDonald which were deemed as a contravention of CEOs duty under section 180(1) as a result of making sure that these presentations were not misleading or deceptive. The new company, JHINV also contravened sections 1041E and 1041H as they were engaged in misleading and deceptive conduct with regards to the presentations made to ASX (Czoch and Mulder, 2010). His Honour also stated that the ASIC had failed in showing various allegations made towards the Group, its non-executive and the executive directors. Under these different allegations, one was related to the claim against MacDonald for the contravention of section 181, which was related to acting in good faith by the CEO (Czoch and Mulder, 2010). Till late July 2000, the court listened to the submission made by the parties of this case for the defendant to be exonerated pursuant to section 1317S and 1318 of the Corporations Act regarding the undertaken breaches and also for the type of penalty or sanction to be imposed over MacDonald (Austin, 2012). The ASIC submitted a contention to the Court which asked for the CEO of the company to be disqualified from running the affairs or managing any company for 12 to 16 years and the CEO to get a penalty as a fine, ranging between $1.47 million to $1.81 million. They also applied for the General Counsels disqualification from managing any company for 8 years, with a fine between $350,000 and $450,000. It was also proposed to ban all of the nonexecutive directors for 5 years and to be fined between $120,000 and $130,000. The CFO was also claimed to be disqualified from the management of company for 6 years minimum and to be fined in the range of $150,000 to $250,000. Lastly, the ASIC applied for 90% of the costs borne by them for bringing this case, to be jointly and severally be paid by the defendants of this case (Czoch and Mulder, 2010). ASIC also made a submission to the Court to consider the penalties which were to be applied on the defendants and to consider the matter of indemnity. Given that the Corporations Act, 2001 restricts the companies of the nation from indemnifying against civil penalties of such kind, the submission of ASIC was that some of the defendants could be indemnified by the foreign companies within the Group. The defendants applied to be exonerated from ASICs claims and contented the banning orders and also stated that the fine which the ASIC had applied for, were excessive in nature. The only exception to this was MacDonald as he had admitted that the contraventions had been serious in nature (Czoch and Mulder, 2010). Justice Gzell refused the exoneration of the previous members of board on 20th August 2009 and handed down the penalties in this case and provided these penalties: The General Counsel was disqualified for 7 years from management of any company, with a fine of $75,000 (Taylor, 2012). The CEO, i.e., MacDonald was disqualified for 15 years from management of any company, with a fine of $350,000. The Chief Financial Officer was disqualified for 5 years from management of any company, with a fine of $35,000. Individually, each of the non-executive directors was disqualified for 5 year period from management of any company, with a fine of $30,000 to be borne separately by each individual. The new company was also fined to the amount of $80,000 (Czech and Mulder, 2010). The decision given in this case was considered as a landmark one by ASIC with regards to the Australian corporate governance. This was because of the important guidance and direction provided to the boards with regards to the practical applicability of the scope and the content of the executives duties which were undertaken in a major matter related to the board and related to the disclosure of these in the market. Along with this, the guidance and direction related to the responsibility of the non-executive of the public companies when being asked about the consideration of boards strategic issues and for the approval of disclosure in market pertaining to the boards decisions (Austlii, 2009). Conclsuion In the previous parts, the case of ASIC v MacDonald was discussed where the breaches of director duties and that of the officers was the key matter, which resulted in disqualification order and pecuniary penalties being awarded against different parties. The civil proceedings which the ASIC started against James, the Group and the new company JHINV, the 7 ex non-executive directors, 3 former executives of James for the contraventions of different provisions of Corporations Act, and also for the approval and preparation of public statements were the background of the case being discussed in the previous segments of this discussion. The decision of this case highlighted the importance of the role of the directors, which not only includes executive, but also the non-executive directors of the company, in addition to t he senior executives of the companies, particularly with regards to the consideration and implementation of the strategic matters of the companies. Apart from the corporat e governance issues surrounding this case, the decision of this case broadened the focus which had been put over the senior executives who are just below the level of the board and upon the non executive directors. References Austin, R. (2012) The High Court decides the James Healthcare case. [Online] Minter Ellison. Available from: https://www.minterellison.com/files/Uploads/Documents/Publications/Alerts/NA_20120509_JamesHardieDecision.pdf [Accessed on: 22/09/17] Austlii. (2009) Australian Securities and Investments Commission v Macdonald (No 11) [2009] NSWSC 287 (23 April 2009). [Online] Austlii. Available from: https://www.austlii.edu.au/au/cases/nsw/NSWSC/2009/287.html [Accessed on: 22/09/17] Austlii. (2017) Corporations Act 2001 - Sect 180. [Online] Austlii. Available from: https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s180.html [Accessed on: 22/09/17] Czoch, K., and Mulder, M. 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