title: Solvency, company directors’ duties and the problem of process and enforcement - A comparative study

authors: Mansor, Hariati

subjects: separate legal entity

abstract: This study examines the legal provisions in relation to creditors’ protection, particularly when the company is insolvent and seeks to compare different statutory approaches with the view of determining the best reforms for Malaysia. Three jurisdictions have been chosen; the United Kingdom, New Zealand and Australia as the basis of comparison due to similar legal history as these countries have often been referred by the Malaysian Courts to assist in the interpretation of the law. To determine the question of creditors’ protection, the thesis will address several main issues. Firstly, the thesis examines the relationship between separate legal entity and limited liability. To do so it questions the circumstances when directors will be personally liable for the debt of the company and the extent to which they are liable. The issue will be explored in the light of the shareholder primacy theory which forms the basis of company law. Directors’ duties therefore are developed with the view of protecting shareholders; and the failure to do so will cause directors to be personally liable. The thesis also considers the arguments for stakeholders’ theory which mandates directors to take account of other stakeholders’ interests in addition to shareholders’ when making decisions. Secondly, it also investigates on how the piercing of the corporate veil and imposing liability on directors will provide protection to creditors especially when the company is insolvent. In order to do so, it scrutinizes the legislative initiatives on the issue as well as the judicial response to the statute. The thesis traces the reforms of the historical doctrine of capital maintenance and the use of solvency test as a replacement to protect creditors. It also provides comprehensive analyses of the law on the issue of remedies in order to ascertain whether the current legal provisions are adequately to protect creditors.

text: Solvency, company directors’ duties and the problem of process and enforcement - A comparative study This study examines the legal provisions in relation to creditors’ protection, particularly when the company is insolvent and seeks to compare different statutory approaches with the view of determining the best reforms for Malaysia. Three jurisdictions have been chosen; the United Kingdom, New Zealand and Australia as the basis of comparison due to similar legal history as these countries have often been referred by the Malaysian Courts to assist in the interpretation of the law. To determine the question of creditors’ protection, the thesis will address several main issues. Firstly, the thesis examines the relationship between separate legal entity and limited liability. To do so it questions the circumstances when directors will be personally liable for the debt of the company and the extent to which they are liable. The issue will be explored in the light of the shareholder primacy theory which forms the basis of company law. Directors’ duties therefore are developed with the view of protecting shareholders; and the failure to do so will cause directors to be personally liable. The thesis also considers the arguments for stakeholders’ theory which mandates directors to take account of other stakeholders’ interests in addition to shareholders’ when making decisions. Secondly, it also investigates on how the piercing of the corporate veil and imposing liability on directors will provide protection to creditors especially when the company is insolvent. In order to do so, it scrutinizes the legislative initiatives on the issue as well as the judicial response to the statute. The thesis traces the reforms of the historical doctrine of capital maintenance and the use of solvency test as a replacement to protect creditors. It also provides comprehensive analyses of the law on the issue of remedies in order to ascertain whether the current legal provisions are adequately to protect creditors.

year: 2011

title: Food choice in the e-commerce era: A comparison between business-to-consumer (B2C), online-to-offline (O2O) and new retail

authors: Wang, Ou

subjects: Science & Technology

abstract: Purpose
This study associated consumers' food choice motives and socio-demographic characteristics with their attitudes and consumptions towards food shopping with four e-commerce modes: business-to-consumer (B2C), online-to-offline delivery (O2O Delivery), online-to-offline in-store (O2O In-store) and New Retail. It also explored consumer preferences for specific food categories within the four e-commerce modes.

Design/methodology/approach
An online survey was administered to 954 participants from three Chinese cities: Beijing, Shanghai and Shenzhen. Descriptive analysis and linear regression were used in the data analysis.

Findings
The following food choice motives (FCMs) and socio-demographic characteristics had a significant effect on food e-commerce attitudes and/or consumption, with some or all of the four e-commerce modes: Taste Appeal, Value for Money, Safety Concerns, Quality Concerns, Processed Convenience, Purchase Convenience, Others' Reviews, City, Gender, Household Size, Age, Income, Occupation and Marital Status. Consumers also have different consumption preferences for food categories in the four e-commerce modes.

Originality/value
This is the first study to associate consumer FCMs and socio-demographics with their e-commerce attitudes and consumption regarding food in four e-commerce modes: B2C, O2O Delivery, O2O In-store and New Retail.

text: Food choice in the e-commerce era: A comparison between business-to-consumer (B2C), online-to-offline (O2O) and new retail Purpose
This study associated consumers' food choice motives and socio-demographic characteristics with their attitudes and consumptions towards food shopping with four e-commerce modes: business-to-consumer (B2C), online-to-offline delivery (O2O Delivery), online-to-offline in-store (O2O In-store) and New Retail. It also explored consumer preferences for specific food categories within the four e-commerce modes.

Design/methodology/approach
An online survey was administered to 954 participants from three Chinese cities: Beijing, Shanghai and Shenzhen. Descriptive analysis and linear regression were used in the data analysis.

Findings
The following food choice motives (FCMs) and socio-demographic characteristics had a significant effect on food e-commerce attitudes and/or consumption, with some or all of the four e-commerce modes: Taste Appeal, Value for Money, Safety Concerns, Quality Concerns, Processed Convenience, Purchase Convenience, Others' Reviews, City, Gender, Household Size, Age, Income, Occupation and Marital Status. Consumers also have different consumption preferences for food categories in the four e-commerce modes.

Originality/value
This is the first study to associate consumer FCMs and socio-demographics with their e-commerce attitudes and consumption regarding food in four e-commerce modes: B2C, O2O Delivery, O2O In-store and New Retail.

year: 2020

title: What do New Zealand picturebooks tell us about New Zealand national identity?

authors: Daly, Nicola

abstract: Jeffries (2004, p. 4) defines national identity as ' ... a shared sense of belonging of a group of people that depends on a common area of named place, a common set of beliefs and values, and positive feelings for a specific named geographical area'. In her examination of how New Zealand culture is portrayed in picturebooks published between 2000 and 2005, McNeur (2006) suggests that the visual and textual messages in children's picturebooks are an important contributor to the development of children's national identity. This paper describes the process of choosing a collection of 22 New Zealand children's picturebooks (known as the New Zealand PictureBook Collection) to reflect and represent diversity in New Zealand national identity, and analyses what these books tell us about the New Zealand national identity.

text: What do New Zealand picturebooks tell us about New Zealand national identity? Jeffries (2004, p. 4) defines national identity as ' ... a shared sense of belonging of a group of people that depends on a common area of named place, a common set of beliefs and values, and positive feelings for a specific named geographical area'. In her examination of how New Zealand culture is portrayed in picturebooks published between 2000 and 2005, McNeur (2006) suggests that the visual and textual messages in children's picturebooks are an important contributor to the development of children's national identity. This paper describes the process of choosing a collection of 22 New Zealand children's picturebooks (known as the New Zealand PictureBook Collection) to reflect and represent diversity in New Zealand national identity, and analyses what these books tell us about the New Zealand national identity.

year: 2016