legal memorandum -- 2
Budget: £10 – £20 GBP
1- I write a legal memorandum I just need to formulate it so that there is no plagiarism.
2- make proofreading, and fix it to be better.
3- Work evaluation
4-I will send part of the note if the work is good then I will send the rest and we will agreement on the price
Price is negotiable...
this the question
You are a junior lawyer in the Corporate Team of the london office of a major international law firm. Your supervising Partner, a senior lawyer in the firm, has asked you to provide a briefing document for her, setting out your initial advice on the following factual scenario.
ENRG Ltd is a company incorporated in England. It holds investments in various renewable energy projects across the United Kingdom, including wind and solar farms. On 28 October 2020, Arnold acquired voting control of ENRG. On 13 November 2020, Arnold, Brenda and others were appointed to ENRG’s board of directors. At a meeting of the board of directors held that same day, Brenda was appointed to the position of managing director. It was also resolved that ENRG’s bank accounts might be operated on the signature of any two directors.
Without having obtained the approval of the board, on 19 December 2020, Arnold and Brenda opened an account for ENRG with Burley Bank plc. That day, they transferred £800,000 of ENRG’s funds to it. The only signatories to that account were Arnold and Brenda. Between mid-January and early March 2021, £600,000 was paid out of that account on the signatures of Arnold and Brenda, without reference to ENRG or its other directors. The recipients included Brenda (£100,000) and Clarion Holdings Ltd (£500,000). Clarion Holdings is a UK incorporated company owned and controlled by Brenda. Of the sums received by Clarion Holdings, £300,000 were applied for the benefit of Brenda in payments to her husband and Dales Investment Ltd, a company incorporated in the Turks and Caicos Islands and which is owned and controlled by Brenda.
ENRG was wound up by the court in late September 2021. Your law firm is acting for the liquidators of ENRG. At a meeting with them today, they indicated that they believe that ENRG’s money was misappropriated. They believe that all transfers from the account of ENRG with Burley Bank were made on the instructions of Brenda. In addition, they believe that Brenda was the ‘controlling mind’ of ENRG and knew of and gave instructions for all transfers to or from Clarion Holdings. It is their opinion that Brenda ought to be identified with Clarion Holdings and so treated as having received the money herself. They contend that the various transfers constituted a breach of duty.
You have been asked to advise your supervising partner solely on whether the court will pierce the corporate veil of Clarion Holdings with a view to providing a remedy for ENRG? In your briefing document you should consider the applicable principles and the likelihood of this arising based on the facts that are available to you.
Your answer, which should be written in the style of a report, must be supported by appropriate legal authority, such as case law and legislation where appropriate.
2- make proofreading, and fix it to be better.
3- Work evaluation
4-I will send part of the note if the work is good then I will send the rest and we will agreement on the price
Price is negotiable...
this the question
You are a junior lawyer in the Corporate Team of the london office of a major international law firm. Your supervising Partner, a senior lawyer in the firm, has asked you to provide a briefing document for her, setting out your initial advice on the following factual scenario.
ENRG Ltd is a company incorporated in England. It holds investments in various renewable energy projects across the United Kingdom, including wind and solar farms. On 28 October 2020, Arnold acquired voting control of ENRG. On 13 November 2020, Arnold, Brenda and others were appointed to ENRG’s board of directors. At a meeting of the board of directors held that same day, Brenda was appointed to the position of managing director. It was also resolved that ENRG’s bank accounts might be operated on the signature of any two directors.
Without having obtained the approval of the board, on 19 December 2020, Arnold and Brenda opened an account for ENRG with Burley Bank plc. That day, they transferred £800,000 of ENRG’s funds to it. The only signatories to that account were Arnold and Brenda. Between mid-January and early March 2021, £600,000 was paid out of that account on the signatures of Arnold and Brenda, without reference to ENRG or its other directors. The recipients included Brenda (£100,000) and Clarion Holdings Ltd (£500,000). Clarion Holdings is a UK incorporated company owned and controlled by Brenda. Of the sums received by Clarion Holdings, £300,000 were applied for the benefit of Brenda in payments to her husband and Dales Investment Ltd, a company incorporated in the Turks and Caicos Islands and which is owned and controlled by Brenda.
ENRG was wound up by the court in late September 2021. Your law firm is acting for the liquidators of ENRG. At a meeting with them today, they indicated that they believe that ENRG’s money was misappropriated. They believe that all transfers from the account of ENRG with Burley Bank were made on the instructions of Brenda. In addition, they believe that Brenda was the ‘controlling mind’ of ENRG and knew of and gave instructions for all transfers to or from Clarion Holdings. It is their opinion that Brenda ought to be identified with Clarion Holdings and so treated as having received the money herself. They contend that the various transfers constituted a breach of duty.
You have been asked to advise your supervising partner solely on whether the court will pierce the corporate veil of Clarion Holdings with a view to providing a remedy for ENRG? In your briefing document you should consider the applicable principles and the likelihood of this arising based on the facts that are available to you.
Your answer, which should be written in the style of a report, must be supported by appropriate legal authority, such as case law and legislation where appropriate.