Asset Management Information Knowledge Base
ER diagram that documents the entities & relationships involved in asset management system of an organisation? i need a help from u people.. PLS help me.. actually i have to produce an ER diagram, which documents the entities and relationships involved in the Assets Management System of an Organisation. Create a relational schema to hold the necessary information. Identify the tables, perform normalisation to the tables and fully implement the code with necessary validations using MS-Access/DBASE or any other similar package. Provide necessary documentation and coding for the project. PLS help me
I am doing a research on global Asset Management companies.? Could you please tell me which databases/ sites could give me the best comparison of these companies on a global scale. I want to analyse the strategy/ strengths/ weaknesses of these companies (Barclays GI, Goldman Sachs, Fidelity, UBS, Merrill Lynch, AXA IM, BNP Paribas AM, Credit Agricole AM, SGAM... and many more). Even if the data has to be paid for, I would like information on that. Please dont tell me go googling. I have tried that but none of the sites I saw had a good comparison. All the sites have only their financial analysis which is not what I am looking for. Your valuable answers are appreciated. Thank you.
Sample IT Asset Management Report? Something that shows the relevant Information that a large organization find relevant -average age of hardware, for example. What other summary data might be good to report?
The following is a excerpt from Lucent Technologies Management? The following is a excerpt from Lucent Technologies Management? Executive Summary We design and deliver the systems, software and services that drive next-generation communications networks. Backed by Bell Labs research and development, we use our strengths in mobility, optical, access, data and voice networking technologies, as well as services, to create new revenue-generating opportunities for our customers, while enabling them to quickly deploy and better manage their networks. Our customer base includes communications service providers, governments and enterprises worldwide. We have three segments organized around the products and services we sell. The reportable segments are Integrated Network Solutions (“INS”), Mobility Solutions (“Mobility”) and Lucent Worldwide Services (“Services”). INS provides a broad range of software and wireline equipment related to voice networking (primarily consisting of switching products, which we sometimes refer to as convergence solutions, and voice messaging products), data and network management (primarily consisting of access and related data networking equipment and operating support software) and optical networking. Mobility provides software and wireless equipment to support radio access and core networks. Services provides deployment, maintenance, professional and managed services in support of both our product offerings as well as multi-vendor networks. Beginning in fiscal 2001, the global telecommunications market deteriorated, resulting from a decrease in the competitive local exchange carrier market and a significant reduction in capital spending by established service providers.This trend intensified during fiscal 2002 and continued into fiscal 2003. Reasons for the market deterioration included general economic slowdown, network overcapacity, customer bankruptcies, network build-out delays and limited availability of capital. We believe that the market for telecommunications equipment has stabilized and is starting to grow in certain areas. The growing demands of enterprises and consumers for additional services tailored to their needs is creating the need for a new convergence of networks, technologies and applications. Required 1. Using the Consolidated Balance Sheets for Lucent Technologies for September 30, 2004 and 2003, prepare a common-size balance sheet. 2. Evaluate the asset, debt, and equity structure of Lucent Technologies, as well as trends and changes found on the common-size balance sheet. 3. What concerns would investors and creditors have based on only this information? 4. What additional financial and nonfinancial information would investors and creditors need to make investing and lending decisions for Lucent Technologies?
The following is an excerpt from Lucent Technologies’ Management? The following is an excerpt from Lucent Technologies’ Management? Executive Summary We design and deliver the systems, software and services that drive next-generation communications networks. Backed by Bell Labs research and development, we use our strengths in mobility, optical, access, data and voice networking technologies, as well as services, to create new revenue-generating opportunities for our customers, while enabling them to quickly deploy and better manage their networks. Our customer base includes communications service providers, governments and enterprises worldwide. We have three segments organized around the products and services we sell. The reportable segments are Integrated Network Solutions (“INS”), Mobility Solutions (“Mobility”) and Lucent Worldwide Services (“Services”). INS provides a broad range of software and wireline equipment related to voice networking (primarily consisting of switching products, which we sometimes refer to as convergence solutions, and voice messaging products), data and network management (primarily consisting of access and related data networking equipment and operating support software) and optical networking. Mobility provides software and wireless equipment to support radio access and core networks. Services provides deployment, maintenance, professional and managed services in support of both our product offerings as well as multi-vendor networks. Beginning in fiscal 2001, the global telecommunications market deteriorated, resulting from a decrease in the competitive local exchange carrier market and a significant reduction in capital spending by established service providers.This trend intensified during fiscal 2002 and continued into fiscal 2003. Reasons for the market deterioration included general economic slowdown, network overcapacity, customer bankruptcies, network build-out delays and limited availability of capital. We believe that the market for telecommunications equipment has stabilized and is starting to grow in certain areas. The growing demands of enterprises and consumers for additional services tailored to their needs is creating the need for a new convergence of networks, technologies and applications. Required 1. Using the Consolidated Balance Sheets for Lucent Technologies for September 30, 2004 and 2003, prepare a common-size balance sheet. 2. Evaluate the asset, debt, and equity structure of Lucent Technologies, as well as trends and changes found on the common-size balance sheet. 3. What concerns would investors and creditors have based on only this information? 4. What additional financial and nonfinancial information would investors and creditors need to make investing and lending decisions for Lucent Technologies? LUCENT TECHNOLOGIES INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS (in Millions, Except per Share Amounts) September 30, September 30, 2004 2003 Assets Cash and cash equivalents $ 3,379 $ 3,821 Marketable securities 858 686 Receivables 1,359 1,511 Inventories 822 632 Other current assets 1,813 1,213 Total current assets 8,231 7,863 Marketable securities 636 — Property, plant, and equipment, net 1,376 1,593 Prepaid pension costs 5,358 4,659 Goodwill and other acquired intangibles, net 434 188 Other assets 928 1,608 Total assets $ 16,963 $ 15,911 Liabilities Accounts payable $ 872 $ 1,072 Payroll and benefit-related liabilities 1,232 1,080 Debt maturing within one year 1 389 Other current liabilities 2,361 2,393 Total current liabilities 4,466 4,934 Postretirement and postemployment benefit liabilities 4,881 4,669 Pension liabilities 1,874 2,494 Long-term debt 4,837 4,439 Liability to subsidiary trust issuing preferred securities 1,152 1,152 Other liabilities 1,132 1,594 Total liabilities 18,342 19,282 Commitments and contingencies 8.00% redeemable convertible preferred stock — 868 Shareowners’ Deficit Preferred stock—par value $1.00 per share; authorized shares: 250; issued and outstanding: none — — Common stock—par value $.01 per share;Authorized shares: 10,000; 4,396 issued and 4,395 outstanding shares as of September 30, 2004,and 4,170 issued and 4,169 outstanding shares as of September 30, 2003 44 42 Additional paid-in capital 23,005 22,252 Accumulated deficit (20,793) (22,795) Accumulated other comprehensive loss (3,635) (3,738) Total shareowners’ deficit (1,379) (4,239) Total liabilities, redeemable convertible preferred stock and shareowners’ deficit $ 16,963 $ 15911 * 1 month ago
where can I find information on ways to receive federal aid during the real estate crisis? My husband invested in real estate during the housing boom in Florida and he bought 5 properties and turned them into rentals. We have had many problems within the last couple years with renters becoming delinquent on payments, some ultimately being evicted. Now we would like to get rid of the properties because it has turned out to be too costly and we are not making enough money to support our family. My husband is now looking for jobs, but the only ones available are the entry level jobs that pay between $6 and $9/hr and he has work history in 7 years of management. I wanted to get temporary assistance while he looks for a job, but the government has determined that our "assets" are too high. Now we are really stuck because we are trying to sell our "assets" (the real estate rental properties), but in this market we arent seeing any buyers. Is there any way to get temp assistance form the govt. to help feed this family in the time being?
Bachelor of arts with these majors???? I want to do a bachelor of arts with bachelor of business however these are the majors: Majors: Arts: Australian and cultural studies; communication studies; creative writing; environmental and planning studies; historical studies; Indonesian; Italian; Japanese; journalism; politics and international relations; public relations; social and community studies; sociology; and studies in art and design. Business: accounting; financial planning; human resource management; information systems; international business; management; marketing; tourism; and property and asset management. Is it worth the extra work and time if I dont want a career in anything to do with the arts? It's only a years more work than business. However is anyone doing the arts degree and find it really hard work? And how do they organise the assessment? Do you have two exams during the same time? Furthermore out of those majors for the arts which one seems an interesting one to take? In the business side I know I want to major in accounting and have financial planning as a minor. I also think advertising would be good. However in the arts I've always been interested in history and creative writing.... but I know that these subjects are alot of hard work even though these have nothing to do with my career. I was suggested that psychology is a good major with business which is why I'm asking this questions. I want to know other peoples input on what they think... and their experiences. You people may also know if any of the arts degree majors are of useful nature to the business degree which is what I dont know. So I know which direction I want to travel, I just need a little assistance. Plus the expenses of just the business degree is the exact same amount as the business and arts degree; even though it's longer. So the expenses has nothing to do with my choice. I just want to know about the workload, how they organise the different courses and their exams. Thanks.
How can we gain IT finance domain knowledge? My question here is Information Technology Banking knowledge. I want to gain in-depth understanding of the global securities markets, with an emphasis on fixed income securities, wealth/asset management, mortgage, loans etc. Specific knowledge of current securities evaluation practices also. Please look in information technology point of view.
Help me get on track for Investment Career? I am looking for Information, especially from professional/experts, on how to get on track for a career in Investment. I am thinking something about Asset Management. I am in my early twenties and have no finance experience/background. Given these info, what do you advise me to do in order to brake through this career.? Help, please, I'll appreciate it! Thanks in advance...
I am a senior IT Professional with 20 years experience. How to get a good placement ? • Around 20 years of Experience in IT Consultancy & Project Management with business domain knowledge in Financial Accounting, Materials Management, Production, Asset Management, Health Care Information and HRIS. • In depth knowledge of business processes automation with skills in analysis, design, re-engineering, process rationalization, cost control, capacity planning, performance measurement. •Hands on experience in modern concepts of end-to-end project planning and implementation from scope management to activity sequencing, effort & cost estimation, quality management and testing.
Please read my resume cover letter and let me know if its good? Through the facility I have viewed information regarding the upcoming management training program within the Corporation. It is my understanding that this program is a great opportunity for me to advance in the company. I have worked for the company for approximately one year. Throughout that year I have learned valuable information about the operations of the company. I am positive that this information will be of a great asset to me as well as the company when I enter into the management training program. I am a graduate of Florida University where I obtained my bachelors in business administration. I can assure you that my educational background as well as my ability to succeed will be a great asset to the company. I would like to schedule an interview which will enable me, to discuss in more detail the information I have obtained via my education. I would also find it progressive to inform you about the information that I have obtained from working for the company.
What are the real benefits of PMI membership, and is it worth the $119 (+$10 application fee) to join them? I am looking to transition to Project Management and I want as many assets as I can acquire to make this transition as smooth and profitable as possible. PMI membership looks interesting, but I don't know too much about it. I'd like to know if this will boost my career in a significant way, will it enhance my resume, give me an edge on the competition, etc? I would love any information, testimonials, anything that will give me the pros and cons of membership. I ask because while I have the $130, its enough of a cost to make me stop and weigh the pros & cons. I'm looking to start in Project Management and don't have the experience needed for a PMP.
How do I explain an Involuntary Termination without having to explain what happened? I am having a hard time explaining an Involuntary Termnination that I know was done out of revenge. To Authenticate who I am; Max R Waller 11261 Sproule Ave Pacoima CA 91331 Telephone:1-818-890-2048 Please be patient when reading and respond by writing to united_states_constitution@yahoo.com Wrongful Termination at Sam's Club 6625 at San Fernando California 91340 Gabriel H Peregrino is the Tire and Battery Associate that lied on Saturday, 21 April 2007. He wrote a lie stating that I was aggressive, but he only exaggerates and is vindictive. He is a slacker and Ambrosio Galvan and Bill Lang know this but will not admit since they can be fired for any reason since people in California can be terminated At Will. The following implicates Club Manager Fidel Jacobo Saturday, 21 April 2007 16:27 PDST To Sam's Club Asset Protection and management From Waller, Max Rafael Incidence TBC Assoc Gabriel (Assoc ID 2216) did not want to raise the vehicle for mounting and the easier task, the tire of the vehicle. About two week ago he and I had a great half hour talk about animation or know as cartoons. I thought we were having some kind of association but I am wrong. This took place around 13:07 PDST so please review the surveillance tape. You will also see the pranks others have played on me. Review all from two weeks back. Gabriel and I pushed each other. Ambrosio Galvan and Bill Lang know his work habits. Thank you for opening this investigation. I am aware of what constitutes a Hostile Work Place Environment. You, Fidel Jacobo, have been told of TBC Associates works habits. You have not addressed this in any document meeting. Show the surveillance video as proof. The video would exonerate me of their false charges. I believe that I was terminated since California is a At-Will Employment state William Gregory Lang or Bill Lang transferred to a Sam's Club near Palmer Lake in Colorado in early June 2007. Mr. Lang used to be trusted by me who made the mistake of telling him everything before the Termination on Monday, 23 April 2007. Bill Lang knows the dirt of Sam's Club 6625 and had told some people in the Club that almost everyone hates Fidel Jacobo and that is why a lot of people quit Sam's Club 6625. Team Lead Ambrosio Galvan also knows a lot of dirty secrets at Sam's Club 6625, but is nervous about losing his job if he sides with me Sam's Club PD-57 Investigation/Suspension was NOT adhering to by Club Manager Fidel Jacobo and Membership Manager Esperanza Lopez. Read the complete policy, PD-57, at the end. No documentation of any complaints and the San Fernando Police Department or the Los Angeles Police Department ever showed for a "Work Place Violence." Please show proof since one complaint and one video tape does NOT establish Workplace Violence. SHOW THE SURVEILLANCE VIDEO!!! Neither Mr. Jacobo nor Ms Lopez wanted to sign the papers of any meeting between two managers and me for Legal Documentation. No meetings to address any potential problems at the Tire and Battery Center were brought up by the Team Lead or Management. As of Monday, 9 April 2007, the people of the Tire Shop are playing pranks and making it appear as if I was becoming forgetful such as the misplacement of tools and personal safety gear. The suspects are Erick Miron and Mark Castro. Esperanza Lopez was told and never had a meeting to discuss the topics brought to her attention by me. Esperanza Lopez was asked to verify this by reviewing the Surveillance video tapes and my request was not honored. Esperanza Lopez was told about the pranks about two weeks ago but no meeting to diffuse or address serious matters was conducted. Wal-Mart Stores, Inc does not always follow their guidelines and fire anyone that does not allow their selves to be intimidated!!! In the early 1990s Esperanza Lopez used to be a cashier at Tres Sierras Store #1 in Pacoima CA 91331 but when she became a manager she was as a friendly to old friends of the Delgado Family. Esperanza's nickname was "Pera." Esperanza Lopez is a decent manager BUT only honors the request (s) of those that will help her career or that she likes. If I can get a good attorney I might be able to file the following complaints. Discriminations types; Disparate Treatment and Disparate Impact The Waller Family will pray for everyone that is against me Erick Miron always complained about classical music and started a rumor and told Marco Arins that he and I had a physical fight. I, Max Rafael Waller, formerly Assoc ID 0035 and Operator 007 proudly served from Tuesday, 13 November 1990 - Monday, 23 April 2007 and only needed about nine years to do a minimal of twenty-five years to retire from Wal Mart Stores, Inc. I was one hundred percent vested in Profit Sharing and had a one month vacation allocated per year. I am a share holder Wal Mart Stores, Inc stock and I have about 11 shares so he has vested interest at the time of termination. HOW IT ALL BEGAN Sam's Club 6625 12920 Foothill Blvd San Fernando California 91340 Phone: 1-818-365-7710 Fax: 1-818-365-0690 December 2006 Mehmet Ekinci {A Hatchet Man and sent to "clean House" is no longer there but in Fresno California according to Mr. Jason Fastner} said that he was replacing everyone in the tire shop or its proper title: Tire and Battery Center according to Jeff Lopez {no longer work there} and Mark Castro {has recanted} and Bill Lang heard indirectly but will deny it. Max Rafael Waller studied all of Wal-Mart policies and found that if that his remark {INTIMIDATION} could be verified then he would get a coaching for making such a remark. The others are scared to tell the truth. According to Art who works for the California EDD at http://www.edd.ca.gov/ my ex boss told him that I was fired for 1) Work Place Violence and 2) Verbal Altercation. Fidel Jacobo was doing his best so that I would not receive unemployment. I am receiving unemployment since there was no meeting to talk about Work Place Violence. People that are fired/terminated due to violence will NOT receive Unemployment Compensation which is commonly known as Unemployment Pay. On Saturday, 12 May 2007 a relative of mine two Sam's Club 6625 associates possibly a Check Out Supervisor Jay and a female spreading misinformation at Wireless Communication #1, 11916 Foothill Blvd, Lake View Terrace CA 91342; Telephone:1-818-897-1477 and Fax:1-818-897-1467 If Wal-Mart / Sam's Club 6625 could negate what I have written, then I would be in legal trouble. A lot of information came from Bill Lang who is an insider. Wal-Mart Corporate Policy Number: PD-57 Investigation/Suspension Policy Revised: 10/16/04 Policy When it is necessary to conduct an investigation regarding possible violations of Wal-Mart policies, the investigation should be handled promptly and thoroughly. The investigation will be focused on determining if the allegations can be substantiated and what action, if any, is necessary. In all investigations, confidentiality will be maintained to the greatest extent possible. NOTE: This policy is to be used for all investigations, except for fraud of theft issues. Any investigations related to fraud or theft issue is to be conducted by Loss Prevention [now called Asset Protection]. Applies To All Associates, regular, temporary, full time, peak time, Hourly and Salaried. Procedures All investigations should be conducted thoroughly and promptly. Objectives of an investigation are to: determine whether the allegations can be substantiated; determine whether the allegations, if substantiated, constitute a violation of company policy; determine what action, if any, is needed; maintain confidentiality; Harassment/Discrimination/Inappropriate Conduct Investigations All supervisors/managers have an obligation to report cases or suspected cases of Harassment/discrimination/inappropriate conduct to an appropriate level of management as detailed below. Allegations reported to Hourly Supervisors must be reported to a salaried member of management. All allegations of harassment/discrimination must be reported to and investigated by: Facility Manager/Salaried People Manager (Wal-Mart Stores & Sam's Club) People Manager (Field Logistics) People Director, People Manager will inform the District Manager/Director of Operations (the title is no longer used), Divisional People Director and Regional Personnel manager of the allegation. The People Manager (Field Logistics) will inform the General Manager (Club Manager at Sam's Club) and the Regional Manager. Harassment/Discrimination Investigations Investigations regarding Harassment/Discrimination/Inappropriate Conduct allegations by Associate/Customer and /or Member must be conducted by the Facility Manager/Salaried People Manager or higher using the Investigation Report & Guide (IRG) of THE RED BOOK. If the complaint involves one of these managers, a higher level of salaried management should conduct the investigation. If the Facility Manager is out of the facility (i.e., Vacation, leave of absence) another member of management must contact the District Manager/Director of Operations or Regional Personnel Manager to ensure the investigation begins immediately. The Investigation Report & Guide and the following investigation forms can be printed from the link found at the end of this policy under Resources, Printed Materials, and THE RED BOOK Forms: Investigation Supplements Investigation Report and Guide Interview Checklist Witness Manager Notes Associate Statement Follow Up Interview Checklist Changes/Additions to Associate Statement All original documents obtained relating to Harassment or Discrimination allegations will be maintained in THE RED BOOK, at the facility in a locked file cabinet in the Investigating manager's office. They are not to be placed in a personnel file. If the investigation is regarding a salaried member of management's conduct, THE RED BOOK should be maintained at the District Manager/Director of Operations (Regional Personnel Manager for Logistics) office in a locked file cabinet. For confidentiality reasons, Associates are not entitled to copies of statements other than their own that are collected/obtained during as investigation. THE RED BOOK may be used for other type of investigations if desired (optional). Conducting Interviews A salaried member of management must interview all identified individuals to determine what occurred, when, where, and who was involved and obtain written statements from all individuals interviewed. Conduct all interviews privately, and ensure that is a salaried member of management participating as a witnessing manager. Explain to the Associate that the witnessing manager will be taking notes. At least one member of management should be the same gender (if practical) as the Associate is on the clock. Verify the Associate is on the clock. Tell the Associate you are here to learn what the Associate might know regarding certain matters that have come to your attention. Explain that the meeting will be considered an Open Door discussion and that the Associate is protected from retaliation from any person for sharing information during the investigation. Explain that the meeting is confidential, and that any information the Associate provides will be shared only with those who have a need to know or to further the investigation. Ask whether the Associate is comfortable meeting with you and the other manager(s) present. If uncomfortable, offer the Associate the opportunity to discuss without the particular manager. Tell the Associate that to be consistent you will be taking notes as you go through the interview. If an Associate request to have a co-worker present, and refuses to meet with management alone, you need to let them know that our Associates have the benefit of utilizing the Open Door Policy which allows them the opportunity to talk directly to a member of management regarding any situation, while maintaining confidentiality. As a result, it is not necessary for Associates to have a co-worker present, therefore, co-workers will not be allowed to attend. If the Associate to refuse to meet, you may request the Associate to submit a written statement regarding the situation. Inform the associate that the investigation will continue with or without their comments. Continue with the investigation and necessary action. Collect and review all statements, appropropriate paperwork, documentation, and system reports that are relevant to the investigation. Consider interviews, written statements, documents or other materials carefully to determine whether a violation of policy occurred and take appropriate action. All documentation concerning the investigation should be kept in a separate file locked file cabinet in the manager's office (People Manager for Field Logistics). They are not to be placed in the personnel files. Suspensions During the course of an investigation, the Investigating Manager may determine it would be in the best interest of the Associate of the Company for the Associate to be suspended from work, pending the outcome of the investigation. Suspension from the Company will be unpaid, pending the outcome of the investigation. Hourly Associates will not be eligible to use benefit hours (illness protection, or personal time) to compensate for lost wages. Salaried will be paid only through the end of the week in which they will be suspended. If an Associate is suspended due to an arrest, refer to Arrested Associate's Policy, PD-01 for additional information. Appropriate Action Once the investigation is completed, if there has been no violation of company policy, no disciplinary action will be taken. If there has been a violation of company policy, the Associate under investigation may be subject to disciplinary action, up to and including termination. The investigation materials must still be maintained regardless of the outcome of the investigation. If the investigation is the result of an Open Door, it is the salaried member of management's responsibility to follow up with the reporting Associate. The salaried member of management should ensure the Associate understands how and why the resolution was determined. If the Associate still has unresolved concerns, the Associate should be directed to the next level supervision. Awards: Division A, now Region A 3rd Quarter Award for Member Service The award was received at Home office in November 2003 Region 54, now District 55 2nd Quarter Award for Member Service The Awards was received at Sam's Club 6625 in October 2003 Sam's Club 6625 September 2003 Associate of the Month The Awards was received at Sam's Club 6625 in October 2003 It's My Business (December 2005/ January 2006) A Sam's Club publication. This is the biggest award and recognition at Wal-Mart Stores, Inc regarding Customer Service. Member Service Living Legend The question is NOT a joke, so call. Telephone:1-818-890-2048 Max R Waller 11261 Sproule Ave Pacoima CA 91331 I am looking for sincere answers.
Lucent Technologies Management? Executive Summary We design and deliver the systems, software and services that drive next-generation communications networks. Backed by Bell Labs research and development, we use our strengths in mobility, optical, access, data and voice networking technologies, as well as services, to create new revenue-generating opportunities for our customers, while enabling them to quickly deploy and better manage their networks. Our customer base includes communications service providers, governments and enterprises worldwide. We have three segments organized around the products and services we sell. The reportable segments are Integrated Network Solutions (“INS”), Mobility Solutions (“Mobility”) and Lucent Worldwide Services (“Services”). INS provides a broad range of software and wireline equipment related to voice networking (primarily consisting of switching products, which we sometimes refer to as convergence solutions, and voice messaging products), data and network management (primarily consisting of access and related data networking equipment and operating support software) and optical networking. Mobility provides software and wireless equipment to support radio access and core networks. Services provides deployment, maintenance, professional and managed services in support of both our product offerings as well as multi-vendor networks. Beginning in fiscal 2001, the global telecommunications market deteriorated, resulting from a decrease in the competitive local exchange carrier market and a significant reduction in capital spending by established service providers.This trend intensified during fiscal 2002 and continued into fiscal 2003. Reasons for the market deterioration included general economic slowdown, network overcapacity, customer bankruptcies, network build-out delays and limited availability of capital. We believe that the market for telecommunications equipment has stabilized and is starting to grow in certain areas. The growing demands of enterprises and consumers for additional services tailored to their needs is creating the need for a new convergence of networks, technologies and applications. Required 1. Using the Consolidated Balance Sheets for Lucent Technologies for September 30, 2004 and 2003, prepare a common-size balance sheet. 2. Evaluate the asset, debt, and equity structure of Lucent Technologies, as well as trends and changes found on the common-size balance sheet. 3. What concerns would investors and creditors have based on only this information? 4. What additional financial and nonfinancial information would investors and creditors need to make investing and lending decisions for Lucent Technologies? LUCENT TECHNOLOGIES INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS (in Millions, Except per Share Amounts) September 30, September 30, 2004 2003 Assets Cash and cash equivalents $ 3,379 $ 3,821 Marketable securities 858 686 Receivables 1,359 1,511 Inventories 822 632 Other current assets 1,813 1,213 Total current assets 8,231 7,863 Marketable securities 636 — Property, plant, and equipment, net 1,376 1,593 Prepaid pension costs 5,358 4,659 Goodwill and other acquired intangibles, net 434 188 Other assets 928 1,608 Total assets $ 16,963 $ 15,911 Liabilities Accounts payable $ 872 $ 1,072 Payroll and benefit-related liabilities 1,232 1,080 Debt maturing within one year 1 389 Other current liabilities 2,361 2,393 Total current liabilities 4,466 4,934 Postretirement and postemployment benefit liabilities 4,881 4,669 Pension liabilities 1,874 2,494 Long-term debt 4,837 4,439 Liability to subsidiary trust issuing preferred securities 1,152 1,152 Other liabilities 1,132 1,594 Total liabilities 18,342 19,282 Commitments and contingencies 8.00% redeemable convertible preferred stock — 868 Shareowners’ Deficit Preferred stock—par value $1.00 per share; authorized shares: 250; issued and outstanding: none — — Common stock—par value $.01 per share;Authorized shares: 10,000; 4,396 issued and 4,395 outstanding shares as of September 30, 2004,and 4,170 issued and 4,169 outstanding shares as of September 30, 2003 44 42 Additional paid-in capital 23,005 22,252 Accumulated deficit (20,793) (22,795) Accumulated other comprehensive loss (3,635) (3,738) Total shareowners’ deficit (1,379) (4,239) Total liabilities, redeemable convertible preferred stock and shareowners’ deficit $ 16,963 $ 15911
can you understand this???? please help??? Hayes Lemmerz International, Inc. (Nasdaq: HAYZ) today reported financial results for its fiscal year ended January 31, 2007. The results were in line with preliminary results announced on March 16, 2007 and with guidance the Company provided to investors in December 2006. For the fiscal year, the automotive and commercial highway wheels and components maker reported sales of $2.06 billion, up 5.1% from sales of $1.96 billion in the prior fiscal year. Earnings from operations were $4.8 million for fiscal 2006, compared with a year earlier loss from operations of $215.2 million, which included $185.5 million of goodwill impairment charges. Capital expenditures for the fiscal year were $80.8 million, down from $95.2 million a year earlier. The foregoing results exclude the suspension components business reported as discontinued operations, which had sales of $230 million, a loss from operations of $46.0 million and capital expenditures of $9.1 million. The Company reported a net loss of $166.9 million for fiscal 2006, compared to a net loss of $457.5 million for fiscal 2005. The Company reported a loss from continuing operations of $120.9 million, compared with a loss from continuing operations of $287.1 million a year earlier. Adjusted EBITDA for fiscal 2006 (including the suspension components business) was $188.6 million, up 7.3% from $175.7 million a year earlier. For the full fiscal year, Hayes Lemmerz reported free cash flow of negative $9.1 million, excluding the impact of the Company's securitization program, an improvement of $71.6 million from a year earlier. "Hayes Lemmerz is a much stronger company today than it was five years ago," said Curtis Clawson, President, CEO and Chairman of the Board of Hayes Lemmerz. "We have significantly decreased our dependence on U.S. markets, and continue to grow our international business, especially in Asia. By divesting non-core businesses and focusing on high growth/high return markets, we are continuing to execute our strategic business plan and our drive toward profitability and positive free cash flow. Sales to GM, Ford and Chrysler in the U.S., excluding discontinued operations, now account for only about 18% of global sales. Given the extremely difficult conditions in our marketplace, our results for 2006 are encouraging." As previously announced, as part of its continuing profit-enhancing initiatives, the Company completed the sale of two aluminum suspension components plants in February 2007. "These divestitures further reduce our dependence on the North American automotive market and free us from a very capital-intensive business," said Mr. Clawson. "Our new business wins point the way toward our future. We won over $575 million in annualized sales in 2006, of which 75% is international business," Mr. Clawson said. "We continue to win with Japanese and Korean manufacturers, including Toyota, Hyundai, Nissan and Honda, both in the U.S. and internationally. We continue to win new business with our European partners, and in the U.S. markets our new business wins diversify our product mix with more crossover and passenger vehicles," he said. As previously announced, the Company�s board of directors has approved a rights offering for existing shareholders, for up to $180 million of common stock. Proceeds will be used to repurchase the Company�s 10.5% Senior Notes. The offering must be approved by shareholders at a special meeting scheduled for May 4, 2007. "By raising new equity capital and retiring high-cost debt, we are de-leveraging, strengthening our balance sheet and significantly improving free cash flow," Mr. Clawson commented. For the full fiscal year 2007, Hayes Lemmerz expects to achieve sales of about $2.1 billion, Adjusted EBITDA of approximately $195 to $205 million, positive free cash flow (excluding securitization impact) and capital expenditures of approximately $85 to $90 million. Conference Call Hayes Lemmerz will host a telephone conference call to discuss the Company's full fiscal year 2006 financial results this morning, at 10:00 a.m. (ET). To participate by phone, please dial 10 minutes prior to the call: (888) 295-5935 from the United States and Canada; (706) 758-0212 from outside the United States. Callers should ask to be connected to Hayes Lemmerz earnings conference call, Conference ID # 2107451. The conference call will be accompanied by a slide presentation, which can be accessed through the Company's web site, in the Investor Kit presentations section at http://www.hayes-lemmerz.com/investor_kit/overview/presentations/www-presentations.html. CONSOLIDATED STATEMENTS OF OPERATIONS CONSOLIDATED BALANCE SHEETS CONSOLIDATED STATEMENTS OF CASH FLOW Hayes Lemmerz International, Inc. is a world leading global supplier of automotive and commercial highway wheels, brakes and powertrain components. The Company has 30 facilities and approximately 8,500 employees worldwide. This press release shall not constitute an offer to sell or the solicitation of an offer to buy any securities, nor shall there be any sale of securities in any state in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state. The Rights Offering will be made only by means of a prospectus. When available, copies of the prospectus may be obtained from Hayes Lemmerz International, Inc., 15300 Centennial Drive, Northville, Michigan 48168, (734) 737-5000, Attention: Corporate Secretary. Use of Non-GAAP Financial Information EBITDA, a measure used by management to measure operating performance, is defined as earnings from operations plus depreciation and amortization. Adjusted EBITDA is defined as EBITDA further adjusted to exclude asset impairment losses and other restructuring charges, reorganization items and other items. Management references these non-GAAP financial measures frequently in its decision making because they provide supplemental information that facilitates internal comparisons to historical operating performance of prior periods and external comparisons to competitors� historical operating performance. Institutional investors generally look to Adjusted EBITDA in measuring performance, among other things. The Company uses Adjusted EBITDA to facilitate quantification of planned business activities and enhance subsequent follow-up with comparisons of actual to planned Adjusted EBITDA. Free cash flow is defined as cash from operating activities minus capital expenditures plus cash from discontinued operations and the sale of assets. Management uses free cash flow to identify the amount of cash available to meet debt amortization requirements, pay dividends to stockholders or make corporate investments. Forward Looking Statement This press release contains forward-looking statements with respect to our financial condition and business. All statements other than statements of historical fact made in this press release are forward-looking. Such forward-looking statements include, among others, those statements including the words "expect," "anticipate," "intend," believe," and similar language. These forward-looking statements involve certain risks and uncertainties. Our actual results may differ significantly from those projected in the forward-looking statements. Factors that may cause actual results to differ materially from those contemplated by such forward-looking statements include, among others: (1) competitive pressure in our industry; (2) fluctuations in the price of steel, aluminum, and other raw materials; (3) changes in general economic conditions; (4) our dependence on the automotive industry (which has historically been cyclical) and on a small number of major customers for the majority of our sales; (5) pricing pressure from automotive industry customers and the potential for re-sourcing of business to lower-cost providers; (6) changes in the financial markets or our debt ratings affecting our financial structure and our cost of capital and borrowed money; (7) the uncertainties inherent in international operations and foreign currency fluctuations; (8) our ability to divest non-core assets and businesses; (9) the risks described in our most recent Annual Report on Form 10-K and our periodic statements filed with the Securities and Exchange Commission; and (10) our ability to consummate the previously announced rights offering. You are cautioned not to place undue reliance on the forward-looking statements, which speak only as of the date of this press release. Contact: Marika P. Diamond Hayes Lemmerz International, Inc. (734) 737-5162 HOME | INVESTOR KIT | PRESS KIT | CAPABILITIES | PRODUCTS | LOCATIONS | ABOUT HAYES Contact Hayes Lemmerz. � 1998-2007 Hayes Lemmerz International, Inc. All Rights Reserved. Subject to Acceptable Usage Policy
Is there a drag-and-place web designer? Hey guys, I saw something called Fusion 11 where it says "Place images, text or any object exactly where you want with Fusion 11’s layout tools. Control your site’s images and assets with powerful management tools. Display information on your website with Fusion 11’s new Multi Layout Regions that harness the power of XHTML, CSS and JavaScript into an easy-to-use interface. All this can be achieved without typing one line of code." I assume that it means it is a program that displays the index page and I can drag-and-drop images and place text anywhere on the screen and once I am done, the program automatically creates the index.html and a CSS page to go along with it. Is that true? If not, is there really such thing as a web page designing program that lets me truly move and place anything anywhere and then writes a Validated HTML, CSS, PHP, and JS page without too much fussing around? That would be awesome! - Jason Fusion 11 is not associated with ColdFusion and Dreamweaver won't let you place an image anywhere and write the CSS code for you automatically. You can place it next to any other object and then space it out yourself with units, but Fusion 11 lets you literally place it anywhere and the CSS code will write "margin-left: 143 px;" for you.
I am taking a Financial Management class. Course 215.? The question is regarding Residual claims. if co. A is obligated to pay their creditors $5300 during the yr., what is the value of the shareholder's equity if assets equal $6100? What if assets equal $4600? Please assist with the answer and how that information came about. Thanks soooo much cuz I am struggling with comprehension!!
Is there any good websites for all mutual funds in India? I know there are really a lot of funds in India but I would like to know if there is a good website which provide you all information (portfolios, interim & annual reports) of all funds from different asset management companies? I try to search but I could not find one yet. Any good suggestions? Thank you!!
This time is chance of get out of debt? I heard about more bank to failures or bankruptcy today. All of people(include me) think about we have many problems about sub prime crisis, gas price crisis, inflation and finally interest rate up around the world. For bank have many problems too, and more than ours. I think this is chance to reduce debt or debt cures. Because when some bank failures, some investment institutes or Asset Management company will buy asset(include debts) from bank What price they buy? I don't know but basicly - they cannot buy more than collateral value..(Coll 100 debt ost. 120 they buy only 70 or lower) - they have cost of fund to buy asset therefore they have to quickly collect cash back.. Follow exp. This is chance to pay only 80 for out of debt or not. What do you think??? **sorry with my language and short space to write.(more information I wrote in my blog( http://debt-restructuring.blogspot.com/ )
Financial accounting related questions see detail? a) How does accounting information assist management in measuring efficiency and effectiveness? (10 Numbers) (b)Do the terms “financial reporting” and “financial statement” mean the same thing? Explain. (10 Numbers) (c)Why are investments in marketable securities usually recorded as current assets? (10 Numbers) These questions are of 30 Numbers of my assignment. I need a detailed answer of these questions. If someone cannot answer these questions in detail give me links of experts which can help me.
How big is ChoicePoint? How big you have to be to become a monopoly? ChoicePoint is an Alpharetta, Georgia-based company that sells information in three markets--insurance, business and government, and marketing. According to a recent quarterly statement filed at the Security and Exchange Commission, ChoicePoint sells: "claims history data, motor vehicle records, police records, credit information and modeling services...employment background screenings and drug testing administration services, public record searches, vital record services, credential verification, due diligence information, Uniform Commercial Code searches and filings, DNA identification services, authentication services and people and shareholder locator information searches...print fulfillment, teleservices, database and campaign management services..." ChoicePoint has managed to attain a large share of the commercial data broker (CDB) market with strategic purchases of other businesses. Since its spinoff from Equifax in 1997, ChoicePoint has acquired a number of information collection and processing companies. These include: National Data Retrieval, Inc., a provider of public records information; List Source, Inc., d/b/a Kramer Lead Marketing Group, a marketing company in the life and health insurance and financial services markets; Mortgage Asset Research Institute, Inc., a mortgage fraud monitoring company; Identico Systems, LLC, a customer identity verification company; Templar Corporation; insuranceDecisions, Inc., an insurance industry claims administration company; Bridger Systems, Inc., a USA PATRIOT Act compliance company; CITI NETWORK, Inc. d/b/a Applicant Screening and Processing, a tenant screening company; TML Information Services, Inc., a provider of motor vehicle reports; Drug Free, Inc., a drug testing company; National Drug Testing, Inc., a drug testing company; Application Profiles, Inc., a background check company; Informus Corporation; a company enabling ChoicePoint to offer products online; Tyler-McLennon, Inc., a background screening company; ChoicePoint Direct Inc., formerly known as Customer Development Corporation, a database marketing company; EquiSearch Services, Inc.; DATEQ Information Network, Inc., an insurance underwriting services company; Washington Document Service, Inc., a court record retrieval service; DataTracks Technology, Inc., a public record information company; DataMart, Inc., a database software company; Statewide Data Services, Inc; NSA Resources, Inc., a drug testing company; DBT Online, Inc., a public record services provider; RRS Police Records Management, Inc., a provider of police reports and related services; VIS'N Service Corporation; Cat Data Group, LLC; Drug Free Consortium, a drug testing company; BTi Employee Screening Services, Inc., an employee pre-screening services company; ABI Consulting Inc., a drug screening company; Insurity Solutions, Inc., an insurance rating company; National Medical Review Offices, Inc.; Bode Technology Group, Inc., a DNA identification company; Marketing Information & Technology, Inc., a direct marketing company; Pinkerton's, Inc., a preemployment screening company; Total eData Corporation, an e-mail database company; L&S Report Service, Inc., a provider of police records; Resident Data, Inc., a residential screening services provider; Vital Chek Network, Inc., a provider of vital records; Accident Report Services, Inc., a provider of police records; Programming Resources Company, insurance software company; Professional Test Administrators, Inc., a drug testing company; CDB Infotek, a seller of public records; Medical Information Network, LLC, an online physician verification service; and Rapsheets.com, an online provider of criminal records data.
the actual decision of the case and the legal issues? NEW SOUTH WALES SUPREME COURT CITATION: Ehsman v Nutectime International [2006] NSWSC 887 CURRENT JURISDICTION: Equity FILE NUMBER(S): 5189/05 HEARING DATE{S): 31 March 2006 DECISION DATE: 01/09/2006 PARTIES: Patricia Mary Ehsman (P/A) Nutectime International Pty Ltd (D1/R1) David Neilan Brady (D2/R2) Francis Joseph Frasca (D3/R3) David Bruce Paix (D4/R4) Timentel Pty Ltd (D5) JUDGMENT OF: Austin J LOWER COURT JURISDICTION: Not Applicable COUNSEL: R Harper SC (P/A) M J Cohen (D1-4/R1-4) SOLICITORS: McDonald Johnson (P/A) Sparke Helmore (D1-4, R1-4) CATCHWORDS: CORPORATIONS - statutory derivative action - application by 35% shareholder/director to bring derivative proceedings after company's assets were transferred to a company from which the applicant is excluded - inadequacies of proposed points of claim - whether those inadequacies prevent the court from determining the application under s 237 - distinction between personal and derivative claims - whether court is satisfied concerning good faith, best interests of company and serious question to be tried - ancillary order for applicant to indemnify company with respect to costs of derivative proceedings - considerations relating to the bringing of derivative and personal claims in single proceedings ACTS CITED: Corporations Act 2001 (Cth) ss 180-184, 232, 236-242 DECISION: See under heading "Conclusions" JUDGMENT: IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST AUSTIN J FRIDAY 1 SEPTEMBER 2006 5189/05PATRICIA MARY EHSMAN V NUTECTIME INTERNATIONAL PTY LTD & 4 ORS JUDGMENT 1HIS HONOUR: Before me is an application by the plaintiff, Mrs Ehsman, for leave under s 237 of the Corporations Act 2001 (Cth) to bring proceedings on behalf of the fifth defendant company, Timentel, by filing and serving a further amended originating process and amended points of claim. 2 , 3, 4, 5 and 6 Deleted The plaintiff's case 7The parties agree that Mr Brady and Mr and Mrs Ehsman came together in a business venture before Timentel was formed. Mrs Ehsman owned some patents for a split face wristwatch display, and she wished to exploit them commercially. Mr Brady had some marketing experience. There are disagreements about the commercial utility of Mrs Ehsman's patents, and as to the precise terms of their arrangements, which need not be resolved for present purposes. It is common ground that they respectively brought to the business of Timentel, when it was formed in 1998, the patents (such as they were) and a measure of marketing/commercial input. 8When Timentel was formed, Mrs Ehsman granted it a licence over her patents, for no consideration (although she received shares in the licensee entity). There is disputed evidence as to whether, as Mrs Ehsman asserts, she entered into the licence agreement in reliance on the assumption, encouraged by Mr Brady, that the licence would always be held by a company in which she would be a director and shareholder. The licensee's interest in the licence agreement was assignable. Mrs Ehsman claims, and the defendants deny, that it was a term and condition of the licence agreement that the licence would not be assigned by Timentel to a company in which Mrs Ehsman was not a shareholder and director. 9Initially the only shareholders were the Ehsmans and Mr Brady, and Mr Brady and Mrs Ehsman were the directors. Mr Brady's evidence is that he devoted very considerable time and effort, and expense, to travelling to Europe to negotiate for the commercial exploitation of the split face wristwatch display. According to him, the people he consulted in Europe told him that Mrs Ehsman's patents were just concepts and it would be necessary to work out the most efficacious interior wristwatch mechanisms to support the split face. That is disputed by Mrs Ehsman. But it is clear enough that Mr Brady did do some amount of developmental/marketing work in Europe, the cost of which was shared or partly shared with the Ehsmans. 10Mr Brady's evidence is that he came up with the idea of having movements in each half of the split face watch case for the forward and return hand movements, all controlled by an electronic integrated circuit, and that Mr Claude Ray, an experienced watchmaker, carried out the necessary design work. The eventual product, which he called a "hinged electronic watch", was based on ideas that were fundamentally different, he said, from Mrs Ehsman's patents. These matters are contested. 11Mr Brady said he negotiated a development agreement with Mr Ray's company, using a company with which he was associated, Renaissance Management, for that purpose. In turn he caused Renaissance Management to enter into an agreement with another company with which he was associated, DNB Global Corporation (registered in the Philippines), which made advance payments to Mr Ray's company. At a final hearing of this case it will be necessary to explore these corporate relationships and their purpose, and to understand better the nature of Mr Brady's interests. DNB Global appears to bear his initials, but there is some evidence that he is just one of five directors and is indirectly a shareholder. DNB Global is important in this case because, according to Mr Brady, it incurred substantial expenses through payments for development work, for which Timentel reimbursed it out of monies borrowed by Timentel from Mr Brady, Mr Frasca and Mr Paix. But Mrs Ehsman questions whether loans were ever in fact made by those three directors. 12Mr Brady said the development of the hinged electronic watch was very expensive and under the arrangements between them, Ms Ehsman was to contribute to that development. He alleges that she defaulted in that obligation. He claims that by March 2005 she owed and had not paid about $86,000. That is contested. According to Mr Brady, the development was eventually successful and the hinged electronic watch is protected by patents in various countries, procured at a cost to DNB Global, recoverable from Timentel. 13In about June 2002 Ms Ehsman and Mr Brady decided to bring in two other parties, namely Mr Frasca and Mr Paix. There is quite a bit of evidence, not all consistent, about the circumstances in which Mr Frasca and Mr Paix were invited into the company. What is clear is that Mr Frasca and Mr Paix joined the board of directors and acquired shares, they provided some capital, and in due course they sided with Mr Brady and against Mrs Ehsman. After they joined the board, the company's issued 100 ordinary shares were divided as follows: Mr Brady 35 shares, Mr and Mrs Ehsman 35 shares, Mr Frasca 15 shares, and Mr and Mrs Paix 15 shares. 14During 2002, it seems, Mrs Ehsman visited Europe and met with one of Mr Brady's contacts, Manuel Spode of Les Artisans Horlogers. There is conflicting evidence as to what happened at the meeting. Mr Frasca gives evidence in his affidavit that the meeting led to Mrs Ehsman being criticised by the other directors for intervening secretly without the board's authority, and for her suspicious approach. Mr Frasca also says that at a meeting he had with Mr and Mrs Ehsman in 2003, they told him that they were determined to bring Mr Brady down. These matters are also disputed. Nevertheless it appears that, some time after Mr Frasca and Mr Paix arrived on the board, if not earlier, the relationship between Messrs Brady, Frasca and Paix, on the one hand, and the Ehsmans, on the other hand, deteriorated. By now the relationship has completely broken down. 15There is a considerable amount of correspondence in evidence, and minutes of board meetings. I shall not describe this material in detail here. The correspondence shows that at least since early 2005, Mrs Ehsman has been concerned about verifying payments allegedly due by Timentel to DNB Global, and also about the financial management of Timentel more generally. The evidence is that the only bank account of Timentel has been relatively dormant at times when, the defendants allege, Timentel made payments to DNB Global. Mrs Ehsman's solicitors have written to Timentel's solicitors about these matters. 16Mr Brady claims that by about May 2005 there was a pressing need for capital for Timentel, to pay invoices to DNB Global of about $216,000 and certain other smaller debts. It appears that at this time Mr Brady, Mr Frasca and Mr Paix developed a proposal to lend Timentel up to $246,000 for a term of 60 days with interest of 17% compounding monthly, secured by a registered charge. Mrs Ehsman asked the copies of the draft loan facility and charge documents but received them only after they had been executed. A board meeting attended by Mr Brady, Mr Frasca and Mr Paix, but not Mrs Ehsman, on 9 May 2005 approved the loan proposal and authorised execution of the documents. Mr Brady, Mr Frasca and Mr Paix, acting as directors of the company, purported to authorise the company to enter into the loan facility and charge agreements in which they were the counterparties, without the consent of the other director/shareholder, Ms Ehsman. 17The defendants claim that the loan facility was drawn down and the money was used directly for payment of outstanding debts of Timentel, rather than for deposit into Timentel's bank account. Mrs Ehsman, by her solicitor, sought to verify the making of the loan but she says she has not received proper documentation. The evidence includes minutes of the board meeting of DNB Global on 18 August 2005, at which the directors of that company confirmed that the company had been paid for certain invoices, but the evidence is incomplete because, for example, the identity of the paying entity is not given. 18On 11 July 2005 Messrs Brady, Frasca and Paix as lenders made a formal notice of demand for payment to Timentel of an amount of about $247,000. But they gave the company a limited extension of time to repay. Mrs Ehsman's solicitors alleged in correspondence that any attempt to enforce the charge would render it void under s 267 of the Corporations Act, because the chargees were "relevant persons" for the purposes of that section. 19The security was not enforced but instead, at some stage it was proposed that the company would enter into an asset sale agreement and a deed of assignment of the licence, in favour of the other three directors or their vehicle, for a price supported by a valuation by Les Artisans Horlogers. In correspondence, Mrs Ehsman's solicitors endeavoured unsuccessfully to obtain information about the valuation - indeed, they approached the valuer directly without success. They alleged that the valuation did not cover all of the assets sold. They strenuously opposed the proposed transaction, on several grounds including that the transaction would be in breach of the contractual arrangements and understandings between Mrs Ehsman and the other three directors. 20Nutectime was formed in August 2005. The directors are Mr Brady, Mr Frasca and Mr Paix. The company has issued 100 ordinary shares. Mr Brady owns 60 shares, Mr Frasca owns 20 shares in Mr and Mrs Paix own 20 shares. Mr and Mrs Ehsman do not hold any shares. 21The asset sale agreement and the deed of assignment of licence were entered into by Timentel and Nutectime on 2 September 2005. The transaction was considered at a board meeting not attended by Mrs Ehsman. Messrs Brady, Frasca and Paix went through a procedure of formally disclosing their interest in the purchaser but then they proceeded, purporting to act as directors of the company, to approve the transaction. It appears that the contract was made and completion took place on the same day. The total sale price $277,000. According to Timentel's solicitors, the sale proceeds were used to pay out and discharge the charge over the company's assets. That appears to have meant that the bulk of the sale proceeds were directed to Mr Brady, Mr Frasca and Mr Paix. It is not clear from the evidence whether there was any actual movement of money. 22Up until May 2005 Mrs Ehsman had been a director and (with her husband) substantial shareholder of Timentel, which was the licensee for no consideration of her patents. On one view, the company owed a substantial amount of money to DNB Global, but it had procured substantial development work for its split face watch design. Any profits from the realisation of that development work would have come to Timentel, and Mr and Mrs Ehsman would have had a 35% interest in those profits. After 2 September 2005, Mrs Ehsman was still a director of Timentel and Mr and Mrs Ehsman remained 35% shareholders. But the company's substantial assets, and any prospect it may have had of earning profits from the development of the split face watch, had gone. Mrs Ehsman was still the licensor of her patents, but she was entitled to receive no consideration for the licence. The new licensee, Nutectime, was a company in which she had no interest, and that company had acquired Timentel's assets and any profit-making opportunity relating to the split face watch. The controllers and shareholders of Nutectime were her fellow directors and shareholders of Timentel. The draft APC and draft FAOP 23From this brief account it appears that if Mrs Ehsman could substantiate her allegations, this would be a case of self-dealing by her co-directors to her considerable disadvantage, and unauthorised diversion of a corporate opportunity. Experience shows that in such cases it is important for the plaintiff to identify with particularity the precise duties said to have been breached and the circumstances of the breach. That is important in the interests of clarity of presentation of the plaintiff's case, and to ensure that the defendant is not surprised by having to meet a case at trial different from what she had been led to expect. These considerations strongly suggest that in such a case, the plaintiff should proceed by statement of claim. Where the plaintiff is proceeding in her own right, invoking the oppression remedy, and also seeking to assert the company's rights in a derivative action, the need for clarity of pleading is especially strong. 24 Deleted 25I have endeavoured to identify those allegations that relate to some right of Timentel, and distinguish them from allegations relating to some right of Mrs Ehsman personally. In summary, for reasons given below, paras 7, 18-21, 22, 23-26, and 27-29 (and the claims to relief in paras 1-5, perhaps 7, and 8) of the draft APC are claims made on behalf of Timentel, and paras 8-16, 17, 30 and 31 (and claims to relief in para 6 and perhaps 7) are claims made by Mrs Ehsman personally. 26It is important to maintain the distinction between derivative and personal claims in the interests of clarity. But nothing in Part 2F.1A requires that a derivative action be in a separate proceeding in which no personal claims are made by the person who has carriage of the proceeding. For example, in Fiduciary Ltd v Morningstar Research Pty Ltd (2005) 53 ACSR 732 the plaintiffs were an individual and corporate plaintiffs, and leave was granted under s 237 so as to permit the individual plaintiff (who was a shareholder and officer of the corporate plaintiffs) to assert the rights of the companies in a proceeding in which he also asserted rights of his own. The combination of corporate and personal claims was not unlike the combination of claims in the present case, though the pleading was by an elaborate statement of claim. In that case, and here, the asserted derivative and personal rights arise to a large degree out of the same alleged facts. 27Here the sole plaintiff is Mrs Ehsman, and Timentel is a defendant. It is not proposed that Timentel should become a plaintiff if s 237 leave is granted, because Timentel is properly a defendant to some of Mrs Ehsman's claims. Nor is it proposed that the derivative action be constituted as a separate proceeding, because there are substantially overlapping facts concerning the derivative and personal claims, which should therefore be heard together. Section 236(2) says that proceedings brought on behalf of a company must be brought in the company's name. But there is now a substantial line of decisions holding that, despite the literal wording of s 236(2), leave under s 237 can be given where the company is a party to the proceeding as a necessary defendant in respect of other claims, without requiring the company become a plaintiff or insisting that the derivative action be brought in a separate proceeding: see especially Keyrate Pty Ltd v Hamarc Pty Ltd (2001) 38 ACSR 396, per Santow J at [18]-[19]; Metyor Inc v Queensland Electronic Switching Pty Ltd (2002) 42 ACSR 398, per McPherson JA at [14]-[15]; Charlton v Baber (2003) 47 ACSR 31, per Barrett J at [5]. 28I turn now to consider the draft APC, paragraph by paragraph. 29After preliminary allegations, para 7 of the draft APC asserts that by reason of their appointment as directors of Timentel, Mr Brady, Mr Frasca and Mr Paix owed Timentel various duties. There is a list of the standard duties of directors. The list reflects ss 180, 181, 182 and 183 of the Corporations Act, and also a duty to act honestly in the exercise of their powers and the discharge of their duties as directors (a formulation no longer found in the statute). [deleted latter part of paragraph] 30Having made allegations about the defendants' duties as directors of Timentel, the draft APC (paras 8-16) makes allegations about the licence agreement, leading to the assertion that the purported sale by Timentel to Nutectime of its rights under the licence agreement was in breach of the licence agreement. That is a personal claim by Mrs Ehsman against Timentel (and no other defendant) for breach of contract. It is not a claim for breach of any duty owed to Timentel. 31Para 17 pleads that, by reason of matters pleaded in paras 8-11, the first to fourth defendants are estopped from asserting that Timentel was entitled to sell or assign to the first defendant the rights of Timentel under the licence agreement. This was said to arise because Mrs Ehsman entered into the licence agreement in reliance on the assumption, encouraged by Mr Brady, Mr Frasca and Mr Paix, that the licence would always be held by a company of which she was a director and shareholder. Clearly the allegation of estoppel is made for the benefit of Mrs Ehsman personally rather than to vindicate some right or interest of Timentel. The document does not reveal how the allegation can be made against any defendant other than Mr Brady, given that the assumption is said to have been created and acted upon at the time of the licence agreement, which was made well before Mr Frasca and Mr Paix became involved. 32Paras 18-21 make allegations about breaches of duties owed by the other three directors to Timentel. They allege that Timentel did not receive any of the proceeds of sale of assets, or received only part of the proceeds, and Messrs Brady, Frasca and Paix received those proceeds or part of them. It is claimed that their conduct in receiving those proceeds constituted a breach of all of the duties pleaded in paragraph 7. I find it impossible to justify that claim, with respect to some of the duties identified in para 7, even taking into account the "particulars" to para 21. Moreover, the mere assertion that Timentel did not receive proceeds of sale and the other three directors did (even when the "particulars" to para 21 are added) cannot, per se, establish a breach of any of the duties identified in para 7. These allegations fall well short of a proper pleading. 33Para 22 alleges that by reason of the matters alleged in certain other paragraphs, Messrs Brady, Frasca and Paix have been unjustly enriched as a result of breach of the duties referred to in para 7. Presumably this is intended to establish a ground of recovery for Timentel. Again, the precise matters that might constitute unjust enrichment have not been adequately pleaded and, moreover, it is not easy to see why para 22 combines breach of directors' duties with unjust enrichment. 34Paras 23-26 make allegations against Nutectime, intended to support orders declaring void and setting aside the purported sale of assets or requiring Nutectime to hold the assets in trust for Timentel. These paragraphs seem to assert some entitlement to relief on the part of Timentel rather than Mrs Ehsman, although the remedies would obviously operate for her benefit as well. The precise foundation of the remedies is not clear. The drafter has not invoked the equitable principles concerning accessory liability for breach of trust with any specificity or clarity. To the extent that entitlement to the relief is said to arise out of Nutectime being "knowingly concerned in the breach" there is a suggestion of statutory accessory liability, but the statutory directors' duties do not create any accessory civil reliability for being knowingly concerned in the primary breach. There is "accessory" liability under the statute for de facto and shadow directors, but the allegations in the draft APC do not in terms invoke that liability. 35Paras 27-29 allege that the deed of charge dated 9 May 2005 is void and should be set aside because Timentel did not receive the benefit, or received only part of the benefit, of the money purported to be advanced. This seems to be the assertion of rights of Timentel rather than Mrs Ehsman personally. A deed of charge merely provides security for advances made under some other arrangement such as a loan facility agreement. It is not easy to see why the fact (if it be so) that the chargor did not receive the benefit of loan monies purported to be advanced under a loan facility agreement should, per se, lead to the consequence that the security for the loan is void. If the charge is security for money advanced under a loan facility agreement, and no money is advanced to the chargor, then nothing is secured by the charge but the charging instrument is nevertheless valid. 36Para 30 contends that the other three directors repeatedly failed or refused to furnish information to Mrs Ehsman relating to the affairs of Timentel. Particulars are given. As expressed, this is an allegation of breach of duty to Mrs Ehsman rather than Timentel. There is no allegation of any particular duty but it seems that the drafter had in mind either or both of the statutory rights of a director to gain access to certain information under ss 198F and 290, or the director's general law right of access to the information needed to discharge her fiduciary duty (eg Edman v Ross (1922) 22 SR(NSW) 351). A director seeking to assert those rights is not required to show that inspection is sought in good faith and for a proper purpose, whereas a shareholder seeking inspection under s 247A must do so. Para 30 is not clear enough. 37Para 31 asserts that, by reason of the matters asserted, the other three directors have conducted the affairs of Timentel in a manner oppressive to, unfairly prejudicial to or unfairly discriminatory against Mrs Ehsman, or contrary to the interests of the members as a whole, contrary to s 232. Mrs Ehsman has personal standing to complain under that provision. The difficulty with para 31 is that it relies globally on all of the other allegations, some of which do not seem to be pertinent (for example, the pleadings against Timentel itself based on breach of contract and against Mr Brady based on estoppel). It should be re-formulated with more precision. 38 Deleted 39The draft FAOP contains the same claims for relief as the draft APC, and therefore suffers from the defects just noted. It also contains a prayer for an order under s 237. This is inappropriate, given that the interlocutory application presently under consideration seeks a s 237 order and also leave to file the FAOP, so that the question of s 237 leave will have been addressed before the FAOP is filed. Further, in the draft FAOP the application is said to be made pursuant to ss 232, 236 and 237. Sections 236 and 237 do not need to be mentioned, for the reason just given, and s 232 appears from the draft APC to be only one of the statutory provisions under which relief is sought, the others being the various directors' duties provisions. 40My conclusion is that the draft APC and the draft FAOP are seriously defective, and therefore I shall not accede to Mrs Ehsman's application for leave to file and serve them in their present form. What is needed is a carefully considered pleading by statement of claim. However, my view is that the draft APC identifies in broad terms, though imprecisely and at times in a confused way, some derivative and personal causes of action that emerge on Mrs Ehsman's account of the evidence. The causes of action are: (A)a personal claim by Mrs Ehsman against Timentel for breach of contract arising out of Timentel's purported sale and assignment to Nutectime, sounding in damages (paras 8-16); (B)a personal claim by Mrs Ehsman against Mr Brady based the allegation that at the time of the making of the licence agreement he encouraged her to assume that the licence would always be held by a company of which she was a director and shareholder - though the appropriate remedy, if this ground is established, is debatable (para 17); (C)claims by Timentel against Messrs Brady, Frasca and Paix for breach of ss 182 and 183 and their general law duty to avoid conflicts of interest, by virtue of their self-dealing in the loan and security transactions and then the sale and assignment transactions, leading an order for an account of profit or an order setting aside the transactions, or a compensation order under s 1317H (paras 18-21 and 22); (D)a claim by Timentel against Nutectime for accessory liability under equitable principles which apply to a person who assists in a breach of fiduciary duty or receives property transferred in breach of duty, leading to an order requiring Nutectime to hold acquired property on trust or to account as a constructive trustee (paras 23-26); (E)a personal claim by Mrs Ehsman against the other three directors asserting infringement of her right of access as a director to information of Timentel, under the general law and perhaps under ss 198F and 290, leading to an order for access or to restrain obstruction (para 30); (F)a personal claim by Mrs Ehsman for relief under the "oppression" remedy in s 232, arising out of specifically pleaded facts and circumstances, leading to a range of possible remedies to address the oppressive or unfair conduct (para 30). 41I am not persuaded that there is any viable course of action underlying paras 27-29. 42I think the appropriate course is to dismiss the application for leave to file and serve the amended points of claim, and to direct Mrs Ehsman to file and serve a statement of claim to give effect to her personal and derivative claims having regard to these reasons for judgment. 43Section 237 authorises the court to grant leave to permit a person to bring proceedings on behalf of a company. Part 2F.1A does not explain the word "proceedings" or give any direct indication of the level of specificity of pleaded allegations and prayers for relief that the applicant for leave must achieve. Typically the applicant will provide the court with a draft statement of claim or (as here) points of claim, or some other document giving particulars of the derivative claims. But in my view it cannot be the case that a full statement of the derivative claims must be presented before the court can consider and determine a leave application. Were that to be required, any subsequent amendments to the pleaded case would need to be treated as a leave application under s 237 to which the criteria in s 237(2) would have to be applied. That, in my view, would be an unnecessary burden for case management. 44In my opinion the applicant for leave must identify and describe the proposed proceedings with sufficient precision that the court can properly assess the application having regard to the criteria that it is required to consider under s 237(2), and the opponents can respond to the application in terms of those criteria. That may be achieved by presenting the court with a draft pleading, but it may be achieved in other ways such as by outlining the claims in affidavit evidence. It is not hard to envisage an application that falls so far short of identifying the derivative causes of action to be asserted that the court is left unable to assess, for example, whether it is in the best interests of the company that the applicant be granted leave, and whether there is a serious question to be tried. Here, however, Mrs Ehsman has done enough in her draft points of claim (defective though they are) and in the voluminous evidence that has been adduced, to permit me to identify the causes of action broadly described in paragraphs (A)-(F) above, of which paras (C) and (D) are derivative claims. I am able to consider the application for leave under s 237 as an application for leave to bring proceedings on behalf of Timentel by a statement of claim that would assert the causes of action identified in paras (C) and (D) and seek appropriate equitable and statutory relief. The requirements for leave to bring a derivative action 45Section 236(1)(a) allows a member or officer, inter alios, to bring proceedings on behalf of the company with the court's leave. Ms Ehsman has standing both as a member and an officer of Timentel. 46Under s 237(2) the court is required to grant the application for leave if it is satisfied of five matters set out in subparagraphs (a) to (e). Subsection 237(3) and (4) establish a rebuttable presumption that the granting of leave is not in the best interests of the company in certain circumstances, but it is agreed that those circumstances have no application to the present case. There is no suggestion of the members of the company purporting to ratify or approve the conduct of the other three directors, so as to invoke s 239. 47Of the five matters that the court must address under s 237(2), the parties agree that the notice requirement in subparagraph (e) has been satisfied here. The defendants did not concede, in terms of subparagraph (a), that it is probable that the company will not itself bring the proceedings, or properly take responsibility for them, or for the steps in them. However, the evidence before me plainly establishes that this criterion is satisfied, in respect of proceedings to pursue any derivative claims of the kind identified at paras (C) and (D) above. Timentel is under the control of the other three directors, who are acting together in respect of the company's dealings with Mrs Ehsman. The other directors (and spouse, in the case of Mr Paix) are the majority shareholders. They have caused the assets of Timentel to be passed to Nutectime, a company in which they but not Ms Ehsman are the directors and shareholders. They have asserted, in answer to the present application, both on their own behalf and on behalf of Timentel, that there is no foundation for derivative claims to be brought. It is clear from their attitude, revealed in the evidence and upon the application, that they would not authorise the company to bring such proceedings. 48That leaves for consideration subparagraphs (b), (c) and (d) of s 237(2). In their submissions, the parties referred me to a substantial number of decided cases. It seems to me, however, that the courts' approach to these subparagraphs has become relatively clear in the course of decisions, and it is unnecessary for me to refer to authorities extensively. Additionally, I have reached the conclusion that this is a plain case in which all three criteria have been established, and that extensive exposition is unnecessary. Good faith 49In the Swansson case, Palmer J expressed the opinion at least two questions are generally relevant to this issue: namely, whether the applicant honestly believes that a good cause of action exists and has reasonable prospects of success; and whether the applicant is seeking to act in a derivative capacity for such a collateral purpose as will amount to an abuse of process. This approach has been followed frequently in subsequent cases. I was referred, inter alia, to the discussion by Brereton J. in Maher v Honeysett & Maher Electrical Contractors Pty Ltd [2005] NSWSC 859, at [30]. 50The evidence shows that Mrs Ehsman believes that a derivative action exists which has reasonable prospects of success. She has given sworn evidence in para [24] of her affidavit of 9 December 2006 to the effect that the company has a good cause of action with reasonable prospects of success for the claims that she outlines. I can see no proper basis in the evidence for doubting that this belief is honest. The highest the evidence goes is in the affidavit of Mr Frasca, where he deposes to a discussion with Mr and Mrs Ehsman in 2003 in which, on his version of it, they conveyed an implacable desire to destroy Mr Brady. But that evidence is contested and in any event, if accepted, it would not point to any lack of honesty in Mrs Ehsman's belief at the present time of her prospects of success in a derivative action. 51Mr Frasca's evidence might be taken to point to a collateral purpose on the part of Mrs Ehsman. But the evidence, if accepted, relates to a conversation some years ago, and the assertion of a collateral purpose is inconsistent with Mrs Ehsman's affidavit evidence. It seems to me that if Mrs Ehsman succeeds in making out her factual contentions, there is a plausible derivative action along the lines of paras (C) and (D) above. If such a derivative action is pursued successfully it will have a beneficial effect on the position of Mrs Ehsman in Timentel. Those conclusions, arising out of the evidence as a whole, makes it difficult to maintain that Mrs Ehsman's purpose in pursuing the derivative cause of action is a collateral one. As Brereton J remarked in Maher v Honeysett (at [33]), the objective facts and circumstances speak louder than an applicant's words about her honesty and purpose, and here the objective facts and circumstances, supported by much evidence, are reasonably eloquent. 52My conclusion is that Ms Ehsman has succeeded in satisfying me that she is acting in good faith for the purposes of s 237(2)(b). Best interests of the company 53In Maher v Honeysett, at [44], Brereton J observed that the phrase "best interests" directs attention to the company's separate and independent welfare, a notion that imports the familiar concept of the interests of the company as a whole. Here it is unnecessary to investigate the qualifications to that proposition arising where the company is insolvent or near to insolvency. In the present case Mrs Ehsman's pursuit of derivative claims will, if she is successful, enure to her benefit, as I have explained. 54As Brereton J pointed out (at [45]), "the existence in an applicant of a personal interest in the outcome of a proposed derivative action, or even of a personal animus against the company or other members of it, cannot be significant, let alone decisive, because they are usual concomitants of the types of disputes which lead to derivative actions, and few if any such actions would be brought but for personal interest on the part of the relevant applicant and in the absence of animus against the company or other shareholders". I respectfully agree. The fact that Mrs Ehsman has a personal interest in the outcome of Timentel's derivative claims, and even the existence of personal animus against Mr Brady (if Mr Frasca's disputed evidence is excepted), are not matters standing in the way of the conclusion that the pursuit of the derivative claims is in the best interests of Timentel. 55Relief having the effect of returning Timentel's assets or their beneficial ownership to the company cannot be obtained by Mrs Ehsman 's pursuit of personal claims (except perhaps through some creative orders on the "oppression" ground). The most direct and obvious way of recovery of the property is for Timentel to assert claims for recovery orders derivatively through Mrs Ehsman. If those claims are successful the result will be orders for the restoration of Timentel's property, an outcome which will be in the best interests of the company, although obviously not in the best interests of the majority shareholders. 56In my view it is appropriate for the derivative claims to be pursued in proceedings in which Mrs Ehsman also asserts personal claims, provided that great care is taken to distinguish the two categories of claims and the ingredients of the case to prove each category. I hope that a first step along that path will be taken by the preparation of a statement of claim. Although there is a risk of confusion in allowing a single proceeding that asserts personal and derivative claims, there is considerable advantage in doing so where, as here, there is a substantial common substratum of fact underlying the two categories of claims (see Maher v Honeysett at [53]). 57In all the circumstances I am satisfied that it is in the best interests of Timentel, for the purposes of s 237(2)(c), that Mrs Ehsman be granted leave under s 237. Serious question to be tried 58In my view this case should be treated as a case where the applicant is applying for leave to bring derivative proceedings, rather than to intervene in existing proceedings. The effect of my granting leave to her to file a new initiating pleading will be, if the job is done properly, to overhaul and substantially reconstitute the proceedings, as proceedings in which she pursues clearly articulated derivative and personal claims. Where the applicant is applying for leave to bring proceedings, s 237(2)(d) requires the court to be satisfied that there is a serious question to be tried. 59As Barrett J explained in Charlton v Baber at [55], the applicant bears the onus of proving sufficient material to enable the court to make this determination. But as I explained above, referring to Palmer J's judgment in Swansson (and see Maher v Honeysett at [19]), the court does not normally enter into the merits of the proposed derivative action to any great degree. The evidence must reach the same standard as applies for an interlocutory injunction, set out in such cases as Castlemaine Tooheys Ltd v State of South Australia (1986) 161 CLR 148 and Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199. The standard has been described as "relatively low" (Maher v Honeysett at [19]). 60In this case Mrs Ehsman has filed quite extensive evidence, which she relies on for the purposes of the application, and I also have before me substantial evidence on behalf of the defendants. I infer that the evidence before me is substantially the evidentiary cases of the parties for final relief. This is certainly not a case of affidavits hurriedly cobbled together to meet the exigencies of an interlocutory occasion. Having considered the evidence my view is that, although there are many disputed questions of fact, which I am not in a position to resolve, Mrs Ehsman's allegations are sufficiently substantial to cross the "serious question to be tried" hurdle. I am therefore satisfied that s 237(2)(d) has been met. The court's powers 61The court is empowered by s 241 to make any orders, and give any directions, that it considers appropriate in relation to proceedings brought with leave, or an application for leave. That section affirms the court's power under the Civil Procedure Act 2005 (NSW) to make an order requiring that the proceedings be brought by statement of claim, a step that I shall take for the reasons I have explained. It also expressly permits the court to make orders requiring mediation, a step that the court is also empowered to take by s 26 of the Civil Procedure Act. During the course of the hearing, I floated with the parties the question whether it would be appropriate to make an order for compulsory mediation. The suggestion was not opposed and I formed the view that if the parties did not voluntarily agree to mediate I should make an order. Unless the parties have, in the meantime, organised for mediation to take place, I shall include a mediation order in the orders that I make pursuant to these reasons for judgment. 62Section 242 permits the court to make any orders it considers appropriate about the costs of various persons, including the company, in relation to proceedings brought with leave under s 237 (see Fiduciary Ltd v Morningstar Research Pty Ltd (2005) 53 ACSR 732, at [56]). In such a case as the present, where the company is essentially a vehicle to pursue the commercial interests of four parties, one of whom is at odds with the other three, who oppose the bringing of derivative claims, and the plaintiff wishes to combine derivative claims with personal claims largely arising out of the same facts, it seems to me appropriate to require the plaintiff to indemnify the company in respect of costs it may incur, either directly or by virtue of a court order against it, with respect to the pursuit of the derivative claims. If the indemnity were not given, the other three directors would as a practical matter be required to bear the burden of 65% of the company's costs of pursuing derivative claims which they do not want it to pursue. Obviously, to the extent that the plaintiff makes a personal claim against the company, she should not be required to give such an indemnity. Further, the indemnity needs to be qualified so that it does not apply to any cost order made by the court with the intention of overriding the effect of the undertaking. The main purpose of that qualification is to enable the trial judge to make such order as to costs as he or she thinks appropriate after the final hearing, untrammelled by an undertaking that may cause an order for costs against the company to rebound against the plaintiff; but the qualification may also be useful to allow the court to override the undertaking in circumstances not presently foreseeable. 63Mrs Ehsman has succeeded in establishing that leave should be granted to her to bring derivative proceedings on behalf of Timentel, and to file and appropriate pleading to initiate those proceedings (and also to clarify her personal claims). That suggests that she should have her costs of the interlocutory application of 12 December 2005, against the defendants other than Timentel. In my view the fact that she will be required to give an undertaking as to the company's future costs is immaterial to the question of the costs of the application. Although I have found that the draft amended points of claim are seriously defective, they nevertheless convey plainly enough the nature of the derivative claims that Mrs Ehsman wishes to pursue. The defects in the pleaded case did not, in my view, provided a justification for the attitude of complete opposition to the application that the defendants presented to the court. Conclusions 64For the reasons I have given, I propose to make orders along the following lines: (1)Subject to the condition identified in order (2), grant leave to the plaintiff, under s 237 of the Corporations Act 2001 (Cth), to bring proceedings on behalf of the fifth defendant against the first, second, third and fourth defendants, asserting the causes of action generally identified in these reasons for judgment and seeking all or any appropriate remedies; (2)Order (1) is subject to the condition that, before any such proceedings are brought, the plaintiff must indemnify the fifth defendant for and in respect of all costs that the fifth defendant may incur (either on its own account or under an order of the court) by reason of the bringing, maintenance and conduct of the derivative proceedings, provided however that the indemnity is not required to extend to costs that the fifth defendant may incur in the proceedings as a defendant in respect of any personal claim made by the plaintiff, and shall not apply with respect to any final order for costs in the proceedings; (3)Direct the plaintiff to file and serve a statement of claim to give effect to her personal and derivative claims, having regard to these reasons for judgment, by no later than a date to be specified; (4)Order the first, second, third and fourth defendants to pay the plaintiff's costs of her interlocutory process filed on 12 December 2005, as agreed or assessed; (5)Subject to orders (1), (2) (3) and (4), the plaintiff's interlocutory process filed on 12 December 2005 is dismissed; (6)Order that the proceedings be referred for mediation by a mediator agreed to by the parties, such mediation to take place by no later than a date to be specified; (7)Liberty to apply to Austin J on 2 days notice. 65However, I shall give the parties the opportunity to draw my attention to any particular matters that might affect the question of costs, by (for example) causing me to award costs on a different measure or to limit the order for costs in some way. I shall also give them the chance to consider my proposed orders. I shall stand the matter over for the purpose of hearing any such submissions and making orders.
How big is Choice Point? How many companies have they bought? Does it smell like Monopoly? ChoicePoint is an Alpharetta, Georgia-based company that sells information in three markets--insurance, business and government, and marketing. According to a recent quarterly statement filed at the Security and Exchange Commission, ChoicePoint sells: "claims history data, motor vehicle records, police records, credit information and modeling services...employment background screenings and drug testing administration services, public record searches, vital record services, credential verification, due diligence information, Uniform Commercial Code searches and filings, DNA identification services, authentication services and people and shareholder locator information searches...print fulfillment, teleservices, database and campaign management services..." ChoicePoint has managed to attain a large share of the commercial data broker (CDB) market with strategic purchases of other businesses. Since its spinoff from Equifax in 1997, ChoicePoint has acquired a number of information collection and processing companies. These include: National Data Retrieval, Inc., a provider of public records information; List Source, Inc., d/b/a Kramer Lead Marketing Group, a marketing company in the life and health insurance and financial services markets; Mortgage Asset Research Institute, Inc., a mortgage fraud monitoring company; Identico Systems, LLC, a customer identity verification company; Templar Corporation; insuranceDecisions, Inc., an insurance industry claims administration company; Bridger Systems, Inc., a USA PATRIOT Act compliance company; CITI NETWORK, Inc. d/b/a Applicant Screening and Processing, a tenant screening company; TML Information Services, Inc., a provider of motor vehicle reports; Drug Free, Inc., a drug testing company; National Drug Testing, Inc., a drug testing company; Application Profiles, Inc., a background check company; Informus Corporation; a company enabling ChoicePoint to offer products online; Tyler-McLennon, Inc., a background screening company; ChoicePoint Direct Inc., formerly known as Customer Development Corporation, a database marketing company; EquiSearch Services, Inc.; DATEQ Information Network, Inc., an insurance underwriting services company; Washington Document Service, Inc., a court record retrieval service; DataTracks Technology, Inc., a public record information company; DataMart, Inc., a database software company; Statewide Data Services, Inc; NSA Resources, Inc., a drug testing company; DBT Online, Inc., a public record services provider; RRS Police Records Management, Inc., a provider of police reports and related services; VIS'N Service Corporation; Cat Data Group, LLC; Drug Free Consortium, a drug testing company; BTi Employee Screening Services, Inc., an employee pre-screening services company; ABI Consulting Inc., a drug screening company; Insurity Solutions, Inc., an insurance rating company; National Medical Review Offices, Inc.; Bode Technology Group, Inc., a DNA identification company; Marketing Information & Technology, Inc., a direct marketing company; Pinkerton's, Inc., a preemployment screening company; Total eData Corporation, an e-mail database company; L&S Report Service, Inc., a provider of police records; Resident Data, Inc., a residential screening services provider; Vital Chek Network, Inc., a provider of vital records; Accident Report Services, Inc., a provider of police records; Programming Resources Company, insurance software company; Professional Test Administrators, Inc., a drug testing company; CDB Infotek, a seller of public records; Medical Information Network, LLC, an online physician verification service; and Rapsheets.com, an online provider of criminal records data.
I would like to know how you can find out if a work at home business as an Account Manager is legit or not.? Here is a copy of the email sent to me regarding this business. https://www.hsfinance.com/Images/Logo.gif Hello , We received your e-mail and it is good to read from you and your interest in our job offer. My name is Mr Willie Goff, i am the Employment Manager of H&S FINANCE COMPANY INC. Lets give you more details.H&S FINANCE COMPANY INC is a fully integrated global financial services business, listed on the American /Australin Stock Exchange (AASX:AAFG) and specialising in structured asset finance, funds management,debt and equity funding. We would like to stress that our company pays special attention to customer support of private customers, though we also have the corresponding business plans for the bigger companies as well. A more detailed information about our company may be obtained at our official Website: http://www.hsfinance.com Due to the necessity for expansion of our company, we have announced some additional openings for new employees. We are glad to offer you one of the vacant positions in our company's team - a position of the "Account manager" You will have the responsibility for the following duties: 1. Receive payment in form of Cheques from our Clients in United States 2. Deduct 10% which will be your percentage/pay on payment processed 3. Forward balance after deduction of percentage/pay to any of the offices you will be contacted to send payment to(Payment is to be forwarded via Western Union Money Transfer). HOW MUCH WILL YOU EARN 10% from each transaction! For instance: you receive $3000 on our behalf. You will withdraw the money and keep $300 (10%from $300! 0) for y ourself ADVANTAGES You do not have to go out of your convenience as you will work as an independent contractor right from your home/office. Your job is absolutely legal.You can earn up to $3000-4000 monthly depending on time you spend on this job. You do not need any capital to start.You can do the work easily without leaving or affecting your present job. The employees who make efforts and work hard have a strong possibility to become managers.Anyway our employees never leave us due to our excellent work condition. The position offered is regarded to be a part-time job, so you will only need to have about 1 free hour a day to be able to work with us. You will earn a net 10% commission for every transaction you dealt with. All the travelling expenses and transfer charges are covered by our customer. You do not need any previous experience in finance sphere, because we will provide you with the most detailed instructions, support and advice at each stage of the responsibilities' implementation. You may hope for the career growth within our company. Under certain circumstances you will have a chance of providing your services to major companies and VIP customers. In such a case, both your salary and your status in our company will sustain an increase. If you are interested in this business transaction please fill the APPLICATION FORM below and get back to us as soon as possible for futher processing. H & S APPLICATION FORM: 1. FirstName: 2. LastName: 3. ContactAddress: P.O BOX NOT ACCEPTED 4. City: 5. State: 6. Zipcode: 7. Mobilephone#: 8. Workphone#: ---------------------------------------------- 1: Do you have a job?: 2: If yes,wha! t do you do for living? 3: Address of working place? Endeavor to get back immediately with the necessary details needed,hope to hear from you asap and wishing you a nice and lovely Day. Regards, Mr Willie Goff (HD MANAGER) H&S FINANCE COMPANY INC. www.hsfinance. My next question would be then, what if they did already send me a check, I deposited it into my account and the check cleared?
Who to chose an attorney for Wrongful Termination? LEGAL DISCLOSURE You do NOT have to agree or accept any or all on this site or the blogs Dedication Samuel Moore Walton "Mr Sam, Helen Robson Walton "Mrs Walton, and James Lawrence Walton "Bud" , and Thomas M Coughlin, a protoge of Mr Sam, even though he did some wrong nevetheless, but lost because of the Code of Silence and the fear that all associates have of the powerful Legal Division of Wal Mart Stores, Inc. The FBI's Cyber Division knows the password of this site and CAN deliberately DELETE it, accidentally leak it or sell it. There are still FBI Agents that will defend and uphold the US Constitution even if it means questioning their orders and superiors. I respect them as I have met some, but I am glad that I never asked for their names. =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= Wrongful Termination with possible illegal implications at Sam's Club 6625 at San Fernando California 91340 William Gregory Lang or Bill Lang wants to transfer to a Sam's Club in Colorado as soon as possible. Mr Lang used to be trusted by Max Rafael Waller who made the mistake of telling him everything before the Termination on Monday, 23 April 2007. Mr Lang is a decent and the Waller Family will pray for everyone that is against Max Rafael Waller Team Lead Ambrosio Galvan also knows a lot of dirty secrets at Sam's Club 6625, but is nervous about losing his job if he sides with Max Rafael Waller Sam's Club PD-57 was NOT adhere to by Club Manager Fidel Jacobo and Membership Manager Esperanza Lopez. No documentation of any complaints and the San Fernando Police Department or the Los Angeles Police Department ever showed for a "Work Place Violence." Please show proof since one complaint and one video tape does NOT establish workplace violence. Neither Mr Jacobo or Ms Lopez wanted to sign the papers of any meeting between two managers and Max Rafael Waller for Legal Documentation. No meetings to address any potentail problems at the Tire and Battery Center were brought up by the Team Lead or Management. The Waller Family will pray for everyone that is against Max Rafael Waller formerly Assoc ID 0035 and Operator 007 proudly serving since Tuesday, 13 November 1990 - Monday, 23 April 2007 and only needed about nine years to do a minimal of twenty-five years to retire from Wal Mart Stores, Inc. He was one hundred percent vested in Profit Sharing and had a one month vacation allocated per year. No meetings to address any potentail problems at the Tire and Battery Center were brought up by the Team Lead or Management. As of Monday, 9 April 2007, the people of the Tire Shop are playing pranks and making it appear as if Max Rafael Waller is becoming forgetful such as the misplacement of tools and personal safety gear. The suspects are Erick Miron and Mark Castro. Esperanza Lopez was told and never had a meeting to discuss the topics brought to her attention by Max Rafael Waller. Manager Esperanza Lopez was asked to verify this by reviewing the Surveillance video tapes and the request was not honored. Esperanza Lopez, Memebership Manager, was told about the pranks about two weeks ago but no meeting to difuse or address serious matters was conducted. Miguel P Herrera might had spread misinformation but is only a suspect. =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= HOW IT ALL BEGAN Sam's Club 6625 12920 Foothill Blvd San Fernando California 91340 Phone:1-818-365-7710 Fax:1-818-365-0690 December 2006 Mehmet Ekinci {A Hatchet Man and sent to "clean House" is no longer there but in Fresno according to Mr Jason Fastner} said that he was replacing everyone in the tire shop or its proper title: Tire and Battery Center according to Jeff Lopez{no longer work there} and Mark Castro{has recanted}and Bill Lang heard indirectly but will deny it. Max Rafael Waller studied all of Wal-Mart policies and found that if that his remark {INTIMIDATION} could be verified then he would get a coaching for making such a remark. The others are scared to tell the truth. Sam's Club 6625 Fidel Jacobo has POSSIBLY EVERYBODY at Sam's Club gathering information given out by Max Rafael Waller and will reward them by promotion and/or a payraise along with illegal surveillance that GROSSLY violates Global Ethics Compliance that Wal-Mart Stores, Inc claims to uphold. They will say they are understaff and this is baseless. Fidel Jacobo might be spreading misinformation through the tire shop boss, Bill Lang. Fidel Jacobo has received a lot of Anti-Union training Bill told Max if the associates do not follow rules let that be the problem of management. Bill Lang is a Team Lead and so he is required to enforce all rules even IF he disagrees. Los Angeles Times C2 Thursday, April 5, 2007 in the Business Section the title is Wal-Mart defend its monitoring If it is proven then it is a gross violoation of the Global Ethics that Wal Mart Stores, Inc agreed to comply when they signed it around 2003 Will Wal Mart Stores, Inc allow inspection of all internal complaints that have violated Global Ethics or stonewall like the White House and the Valerie Plame situation ? The secret for Wal-Mart not getting caught of Fear and intimidation is simple: a lot of unwritten rules so there is no evidence. A lot of non-managers associates will respond by saying they see or know nothing of improper treatment. They will also have selective memory. The Legal Division of Wal-Mart Stores, Inc is preparing countercharges and some will be Invasion of Privacy, Defamation of Character, Character Assassination, Destroying Reputation, Intent , Injurious to morale , etcetera, but the biggest will be that this site is ONLY generalizations and especially baseless with no legally verifiable facts. Will the Legal Division have legitimate countercharges ? Yes, but I chose no to type all them and have them ready for a lawyer for effective defense and so it is their problem to figure them out. Duress and Graymail may be part of the defense of Max Rafael Waller along with the usual Freedom of Exprssion afforded by the US Constitution Graymail can be used against US Federal Government and possibly local Law Enforcement. Will Wal-Mart succeed in having Max Rafael Waller discredited by a Psychological Evaluation thereby stigmatizing him as a man with grands delusions ? Is Samuel Robson Walton of Wal-Mart Stores, Inc part of this ? Ensuring that legal cases proving that the rules to ensure to easy terminate people are not made aware? Wal-Mart Stores, Inc has a persistent Legal Divsion that rivals the US Federal Government and has many victories on its belt. It can be verified just ask the New York Times for confirmation. -------------------------------------------------------------------------------- The Disingenuous and Duplicitous Legal Division of Wal-Mart Stores, Inc To give the Appearance that Max Rafael Waller is causing great harm to Wal-Mart Stores, Inc and Sam's Club they have labeled Interview Questions and "Privileged & Confidential" and the Sam's Club University title is More Than A Gut Feeling Participant's Guide A list of interview questions should be deemed Innocuous that is not be Injurious to Wal-Mart Stores, Inc and Sam's Club. The so called witnesses are Mr. Fastener and Mr. Lang of Sam's Club 6625. They are so desperate that they will act as like the Valerie Plame case. A print out of this document conveniently did not have a date nor time printed as to give an appearance that is so sensitive. Wal-Mart Stores, Inc WILL improve and better their ways of operating, but it will NOT be easy. They are NOT as horrible as people claim. There is an old saying have friend close to you, BUT have your enemies even closer. -------------------------------------------------------------------------------- Sam's Club 6625 are doing this tactic as of Wednesday, 4 April 2007 and some members as well. One African-American tried to talk about the union, but Max's reply "You started inserting the talk about the union and so you want to find out what is going on in my head. You wearing clothes so raggedy that your testicles are showing. If you were FBI you would be in trouble for indecent exposure." He left. TACTICS USED BY SAM'S CLUB 6625 / WAL MART STORES, INC Others Associates and one Caucasian-American named Jarrod tried to be his friend. Jarrod in the past ignore him while his friend that came along with him came from another Sam's Club and they enjoy Good Cop and Bad Cop. When enough approaches to friendship have been ignored Sam's Club 6625 will say "Hey everyone tried to befriend Max, but he sent them all away and this shows that he lacks social skills or has some problems and he will not allow us to help in whatever way we can" Can you say Hyena and Benedict Arnold Wal-Mart are excellent at discrediting people through what they have done in over 10 years. They shed Crocodile tears for associates with the courage of not being intimidated. ANOTHER TACTIC OF SAM'S CLUB 6625 / WAL MART STORES, INC Wal-Mart Stores, Inc will protect their Public Relations and Image AT ANY COST INCLUDING MAKING A PACT Loyal Customers, "grateful" associates, and their vendors and suppliers. Members will complain to get Max Rafael Waller and Sam's Club 6625 management will do it without hesitation. Wal-Mart Stores, Inc WILL improve and better their ways of operating, but it will NOT be easy. They are NOT as horrible as people claim. Sam's Club 6625 are doing this tactic as of Wednesday, 4 April 2007 and some members as well. One African-American tried to talk about the union, but Max's reply "You started inserting the talk about the union and so you want to find out what is going on in my head. You wearing clothes so raggedy that your testicles are showing. If you were FBI you would be in trouble for indecent exposure." He left. INTIAL ATTEMPT TO DISCREDIT WITH A PSYCHOLOGICAL EVALUATION A possible misdiagnosis and initial attempt to discredit through a Psychological Evaluation by Scott Wang MD from Providence Holy Cross Medical Center 15301 Rinaldi St Mission Hills CA 91345 Telephone: 1-818-365-8051 Dr Scott Wang's name could not be found at their website http://www.providence.org/losangeles/facilities/providence_holy_cross/default.htmand he is the one who possibly suggested a Psychiatric Evaluation so a result to Wal-Mart's desire could be used to start discrediting Max Rafael Waller An old white man with a Kaiser Permanente badge and from a Psychiatric Evaluation team from Kaiser never left a business card or a phone number for communication. He looked like an actor from Law and Order portraying a Psychiatrist and impersonation IS illegal and punishable by law. On Sunday, 1 April 2007 Dr Paul R Hladon Kaiser Permanente 13652 Cantara St Panorama City CA 91402 Telephone: 1-818-375-2377 Dr Paul R Hladon reluctantly gave Max two prescriptions: Azithromycin 250MG {Take two tablets daily for seven days} and Ciprofloxacin HCL 500MG{Take one tablet orally two times a day for fourteen days} Only two X-Rays and no blood test done, so how did Dr Hladon know what to prescribe ? He took the medicine and instructions as given. -------------------------------------------------------------------------------- The FBI are also exploiting fear and they have the BSU as their asset. Bill Lang has casually spoken about death and intimidation about how Max will get fired with one more coaching which comes from the FBI and Wal-Mart's Homeoffice in Bentonville Arkansas 72716. Possible causes Max Rafael Waller's fear of possibly dying. Around Wednesday, 21 March 2007 he dragged the rotting carcass of a dog so children would not touch it. It was in front on the Pepsi Bottling Plant in San Fernando California 91340 and its entrance is on Dronfield Ave. He MIGHT have breathed some Bacteria, Germs or other Biological Agents and maybe some Botulism. Also Desiccating{drying} Bacteria. Esther Topete was watering the front lawn at 11261 Sproule Ave, Pacoima California 91331 and was scared. Max picked up a headless Squirrel that had a foul stench and maggots and placed in the garbage bin. Psychiatric Evaluation(S) is a legal tool to discredit a critic so if they can find that a individual(s) has mental problems or unable to cope with life's problem the discrediting tactic will work. A stigma of mental problem is almost impossible to overcome. Being labeled with poor mental health has been used to successfully discredit a critic. -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- ACTIVITIES BY THE FBI Group Stalking will be denied resulting with the accusser(s) being prejudged or viewed as someone with Visual Hallucinations,additionally, Electromagnetic Harassment or Electromagnetic Pulses will be denied resulting with the accusser(s)being prejudged or viewed as someone with Auditory Hallucinations. Both can be used when someone is driving or walking but when someone is trying to sleep the Electromagnetic Harassment will be used to disrupt sleep and with lack of sleep people's behavior is altered significantly and people end up with the impressions that they cannot handle stress. Electromagnetic Harassment is used to break the will of people who dare to dissent. The FBI has a complete profile of Max Rafael Waller and two weak areas are Anger and Anxiety, so they will create a situation that will end with him having a Fatal Heart Attack and/or Fatal Stroke. The FBI will to DO Sleep Deprivation/disruption AGAINST MAX RAFAEL WALLER. The collaborators of US Law Enforcement are the neighbors around Sproule Ave and Pierce St area Will the FBI be creative and imaginative with this information along with the profile to discredit Max Rafael Waller ? The neighbors around the corner of Sproule Ave and Pierce St in Pacoima California 91331 are collaborating by playing a lot of bass on their speakers and technically their noise is considered Electro-Magnetic Pulses, EMP, since the speakers have magnets energized or powered by electricity. This is why it is vital for them to have people found to be mentally unstable by the legal use of Psychological Evaluation. The FBI will discredit Max Rafael Waller by ALL NECESSARY MEANS as they other Americans like a serial killer Biological and Psychological war along with Electronic from their world famous Behavioral Science Unit or BSU The FBI might HAVE an unofficial pact with Organized Crime and they have been intercepting phone calls and ended phone calls with the help of Time-Warner Cable US Law Enforcement have all of the Internet activities and had yet to find any evidence to charge someone of potentially being an Internet Predator and Pedophile. Sadly the owners of the house at 11261 Sproule Ave, Pacoima CA 91331 a