Business Matrix - 1325 Words

ACCOUNTING TRANSPARENCY Charles Katoroogo Prof Brandy Havens ACC 303 12/1/2013 ACCOUNTING TRANSPARENCY Accounting is mainly concerned with general rules, concepts and principles that are established with the purpose of governing different fields of financial reporting. Accounting principles are also known as accounting principles and guidelines, these acts as the base on which more complex and critical rules are based. The authority responsible for issuing the accounting standards (i.e. financial accounting standard board) also uses these basic principles to formulate the accounting standards in a more efficient manner. Generally accepted accounting principles (GAAP) consist of various rules and principles which are used for†¦show more content†¦Ratio Analysis is used for evaluation of performance of the company by internal as well as external users. These comprises of managers, equity investors, long-term creditors and short-term creditors. The managers are interested in the profitability and asset utilization ratios of the company as their incentives and appraisal are based on the profitability and efficiency of asset utilization of their respective divisions. Higher the profitability, higher is the chances of promotion. Thus, managers are always very keen to analyze the different financial ratios of the company. Those who invest in equity are always interested in knowing about the profitability, Market and solvency ratios of the company. Higher profitability ratio is helpful in increasing the market value of the company. The market ratios like dividend yield, price earnings ratio, earnings per share etc. is useful in determining the exact position of the company’s market share. Favorable market ratio indicates the increase in market capitalization for investors and vice versa. The equity investors are also interested in knowing the solvency ratio as high debt will pose danger to the ownership of the company. Higher debt is harmful for the liquidity position of the company and in some worst cases; the company even faces the risk of liquidation. The long-term creditors and short term creditors are majorly concerned about the liquidity and solvency position of an organization. The increase in the debtShow MoreRelatedPrinciples of Organization1040 Words   |  5 Pagesdescription of a computer might naturally involve the separate components of the central processing unit, the monitor, and the keyboard, while a discussion of a computer purchase might discuss needs, products, vendors, and service. A discussion of a business might explore product, customer, and location, and so on. Topical order, then, simply means an order that arises from the nature of the topic itself. Transitions in this pattern will be a little vague—things like  another factor, the second componentRead MoreQuestionnaire And Questionnaire On Customer Requirements Essay1527 Words   |  7 Pagesenvironment (e.g., well-lit environment both inside and outside the store including the parking lot) (CR4). †¢ Offer promotion/discount (CR5). †¢ Multiple payment options (e.g., cash, check, credit card) (CR6). †¢ E-commerce and online presence (e.g., publish business information and offer product/service through a website or social media site) (CR7). †¢ Pricing (e.g., reasonable price for product/ service) (CR8). 4.2. Comparing the importance and satisfaction levels of attributes All CRs are rated differentlyRead MoreA Review On The Kraljic Portfolio1126 Words   |  5 Pagesthe dimensions can be high as well as low. To show the comparative position of the firm in the parallel supply market is the second dimension of kraljic’s matrix. 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Mental Illness Refers To A Wide Range Of Mental Health

Mental illness refers to a wide range of mental health disorders that can affect mood, behavior, and cognition. Multiple factors such as genetics, environment and lifestyle can influence whether someone develops a mental health condition. â€Å"The four D’s† model is often used in psychiatry to distinguish normal from â€Å"abnormal† mental state. In other words, this model makes it easier to understand characteristics of people who have a mental disorder. The four Ds stands for behaviors or thinking processes that are dangerous, dysfunctional, and can cause distress and deviation from norm (Comer, 2013). It’s the dangerous aspect that needs to be brought to attention. Because people suffering from mental illnesses can be dangerous to self or†¦show more content†¦As research continues to improve and provide more evidence in the field of mental health, society is becoming more accepting of new views on mental illnesses. Nevertheless, some people st ill stigmatize patients with mental health disorders. There are two types of mental health stigma: social stigma is the prejudicial attitudes and discriminating behaviors directed toward people with mental health problems, while self-stigma is the internalizing by the person with mental health illness of their perceptions of discrimination; perceived stigma can significantly affect feelings of shame and lead to poorer treatment outcomes. When it comes to social stigma, some believe that mental health illnesses are not real disorders because there are no medical tests that can confirm or disconfirm their presence. Others think that only weak people are affected by these disorders because there are unable to deal with everyday challenges, some even believe that people merely â€Å"fake† symptoms to attract attention (CCHRI, 2017). In addition, they might believe that people with mental illness can overcome it by thinking more positively. Unfortunately, even those who believe that mental illness is real, can still view symptoms of psychopathology as threatening and uncomfortable. Such attitudes frequently foster stigma and discrimination towards people with mental health problems. Studies have suggested that stigmatizing attitudes towards people with mental health problems are stillShow MoreRelated Social Workers in Mental Health Facilities and Outpatient Clinics 1487 Words   |  6 Pagesof social work, the are a of Social Workers in Mental Health facilities and outpatient clinics stands out as an area of depth and interest. This field is important because it allows social workers to play an integral part in assisting patients, some of who have been kept in large inpatient facilities for vast periods of time, to become functioning and active members of society, as they deal with the task of managing their particular mental illness. 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According to the Mayo Clinic, â€Å"Mental illness refers to a wide range of mental health conditions — disorde rs that affect your mood, thinking and behavior. Examples of mental illness include depression, anxiety disorders, schizophreniaRead MoreThis Essay Will Explain How Contemporary Issues In Mental1601 Words   |  7 PagesThis essay will explain how contemporary issues in mental health influence people’s social wellbeing. Mental health is a fundamental element of resilience, health assets, capabilities and positive adaption that enable individuals to cope with both adversity and to reach their full potential and humanity. The impact on inequalities of health and other outcomes are sourced from mental health. For example, chronic stress of struggling with material disadvantage is intensified to a very considerableRead MoreEssay On One Child Policy1122 Words   |  5 Pagesgovernment implemented a two child policy to address its aging problem and economic needs (The World Factbook). The central government of China controls the policy and systems regarding health care; consequently, China’s ultimate goal for its health care system is to provide basic health to every citizen with a health expenditure of 5.5% of GDP offering 1.49 physicians/1,000 population (The World Factbook). Medical insurance is fostered by local and state governments; however, the available insuranceRead MoreRacial, Ethnic, And Socio Economical Disparities Of Mental Health1072 Words   |  5 Pages Racial/Ethnic Disparities in Mental Health Treatment Paige S. Hogeland Denver School of Nursing Racial, Ethnic, and Socio-economical Disparities in Mental Health Mental health has been a recurring topic in present society and it is a very large section of health care in general. Health can be termed as an absence of disease, but it really is much more than that and should encompass every facet of the human, mind and body. 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This paper will discuss a brief historical outline in regards to both fields, together with a statistical overview of certain challenges and concerns that occur within the field of mental health and rural and remote practice. An emphasis will placed on the challenges faced by the client, while comparing and contrasting issuesRead MoreMental Illness And Its Stigma1363 Words   |  6 PagesMental Illness and Its Stigma â€Å"One in five adults in America experience mental illness,† (Mental Health, n.d., para 1). Many people define mental illness as a characteristic that makes one irrational or delusional and derives a belief that those who have mental disorders are not suffering from a real disease, resulting in a negative view of those who suffer. There are three ways to defy this stigma that everyone, from media producers to the sufferers themselves, must participate in to break downRead MoreThe Biological Perspective On Mental Illness1310 Words   |  6 PagesMental illness is a disorder that is characterized by disturbances in a person’s thought, emotions, or behavior. Mental illness refers to a wide variety of disorders, ranging from those that cause mild distress to those that impair a person’s ability to function in daily life. Many have tried to figure out the reasons for mental illnesses. All of these reasons have been looked at and thought of for thousands of years. The biological perspective views mental illness as a bodily process. Where as the

Dreamland Production and Trading Ltd

Question: Write a report on "Dreamland Production and Trading Ltd. Answer: 1. Introduction Business plan is the basic approach of every new entrepreneurship, which helps to understand the different aspect of the business. Business plan for a particular business helps to understand the market and the industry trend that will help to determine the business strategy. The business strategy of the business plan is associated with the marketing, operating and financing aspect that help the organization to decide the best possible to get the success in the market. The objective of this report is to understand the new entrepreneurship of a company that will operate their business in the oral hygiene segment (Blank 2013). The name of the company is Dreamland Production and Trading Ltd which will operate their business in a particular market. Therefore, this report will also focus on the macro and micro business environment to understand the competition in the market and gain a good market share in the future. 2. Business Details of the new venture The Name of the organization is Dreamland Production and Trading Ltd which will operate their business primarily in the Singapore market. The company will be involved in the manufacturing and trading of oral hygiene product through a structured distribution channel that will mainly operate in the wholesale and retail market. The shareholders of the business are not liable as individuals for the business debts beyond the paid up value of the shares (Bridge and Hegarty 2013). It is a new business start up. Magic tooth cleaner is the first step for Dreamland production and trading Ltd. 2.1 Product specification Production of Magic Tooth Cleaner is the proposed new innovative venture. For the unique business, idea such as Magic Tooth Cleaner should have proprietary position. Such as trademark registration, patenting and licensing. This business plan is confidential because it is not to disclose in non-confidential circumstances. Otherwise the invention in the eyes of the law, it could be invalidating the patent application. The competent lawyer who specialized in patent will be employed (Davidsson and Gordon 2012). 2.2 Mission and vision statement The organization will start their business with the mission to deliver the shareholder value continuously by employing innovative creative individuals to contribute to business excellence That will help to achieve environmental friendly business environment. Another mission of the company is to focus on every household around the Asia, Europe continent to make them use easy magic tooth cleaner. Vision of the company is to become leading innovative tooth cleaner brand around the globe with better technology. 2.3 Aims and objective The aim of the company is to vale their employees, customer feedback and shareholders. The objective of the company is to be the price leader in oral care by delivering continuous safety to their customer. Company will also focus on the benefit of the shareholders to encourage their further investment. 3. Industry and market analysis 3.1 Industry size, growth and structure The oral hygiene industry in Singapore is quite big because it is one of the developed country where majority of the population is aware about their health concerns. Therefore, sales of the oral hygiene product are also good in this country. The total market size is near about 4.6 billion where Colgate has the maximum market share of 28% (Forbes.com 2016). The oral hygiene product market is growing with a rate of 4% annually. Since there is lot of competitors in the market in this segment with an easy market entry and exit method, therefore it has oligopolistic market structure (Hiatt and Sine 2014). Figure 1: Percentage of market share for each company and the volume of the market 3.2 Industry and market trends The oral hygiene product market in Singapore is highly competitive and lot of global brand is operating business in this market. In spite of having so many competitions in the market, the segment is growing in a stable way and providing chance to the new entrants market (Parks, Olson and Bokor 2015). Oral hygiene market in Singapore is growing in 4% rate whereas the market leader is growing below the industry standard (Forbes.com 2016). Therefore, it can be said that there is good potential to enter the business because market leader is developing space for others to enter the market. Figure 2: Market trend of toothpaste in the Singapore market for last 10 years 3.3 Market segment and reason for target market Dividing the market into segments helped the business to address the more specific market needs, media, pricing patterns and decision making in each of the different market segments. Oral hygiene is the basic treatment that is used by every household. Therefore market Segmentation for the product will be wide that eliminates the geographic and behavioural segmentation however demographic segmentation like occupation, socio economic group and psychographic segmentation like personality and lifestyle will be relevant. Entrepreneur segmented the market by the age of users (Mollick 2013). Targeted market will be population between age 20 to 60 in Singapore areas approximately 3.5 million which is the largest population in the country. For future, there is plan for gaining more market share by selling the product in more than one country (Berry 2005). 3.4 Buyer behaviour across segments Buyer of oral hygiene product in Singapore market is aware about their product benefit and they understand the need of their hygiene. In such case, it is very important to understand the market and provide the best product to the customer. The customer behaviour is associated with the product quality and benefit whereas it is not highly influenced by the price (Pollack, Rutherford and Nagy 2012). 3.5 Competitors analysis Threats of substitutes Threat of substitute is low in this market. Magic tooth cleaner has an innovative idea, with high quality and technology which makes it a user-friendly product. Magic tooth cleaner also creates value for everyday life for their consumer by providing benefit to their health. Threats of New Entrants Threat of new entrant is medium. Due to its innovative technology product of Magic tooth cleaner will have trademark and support of intellectual property right. This will provide barrier to the new entrants with same kind of product however, threat of different product with similar benefit is always there (Entrepreneurship.org 2016). Rivalry among existing firms - Rivalry among existing firms is also considered as low in the market because it will operate in market segment where already many company exist with their existing brand. Bargaining power of suppliers - Bargaining power of suppliers is high. The technological resources of the company are very limited therefore; company has to depend on very few suppliers that increase their bargaining power. Bargaining power of buyers - Bargaining power of buyers is high. Due to lot of competition in the market buyer will have lot of option for their oral care that increases their bargaining power however, the uniqueness of the product will also control the market and the buyer behaviour (Keating, Geiger and McLoughlin 2014). 4. Customers and value proposition The customers may have different needs for different demographic region. Therefore, market segmentation comes in as important factors. As magic tooth cleaner is suitable for every household, oral hygiene is recognised as a must for all human. It is also one of the Maslows basic needs. Therefore, when entrepreneur consider market segmentation for this area, age is consider main factor. Too young age may need supervision; in addition, old age may not want to opt for new technology invention (Sderblom et al. 2015). Entrepreneur decided Age 20 to 60 has been chosen to segment in Singapore area. Marketing effort and strategies will zoom into particular age group. The sale target for 1st year of the production will be at least 40% of consumer age within 20 to 60 around Singapore area (Entrepreneurship.org 2016). Value proposition statement - Oral hygiene is necessity for every household and it is a norm. We promote every household for hygienic tooth care; minimize time consuming for cleaning of the sink with better technology, cost saving and low maintenance after each usage as it is disposable. Unique value proposition will be first-ever product among oral hygiene, Time saving for cleaning up the sink every morning for housewives, for hospitals, lower cross infection caused by body fluid bore disease such as AIDS, Hep-B etc. 4.1 Competitive advantages over competitors, sustainable resources The most crucial part is determining the competitor accurately. Tactics and strategy will be created according to the competitors business nature. Someone sells a product that is different from magic tooth cleaner does not mean that they are not a competitor. As long as it can be substitutable, they are competitor. As magic cleaner is first of that kind in the market, toothpaste industries are classified as competitors because they also provide oral care benefits (Mullins 2012). 4.2 Summary of analysis on competitors Colgate Magic Tooth Cleaner Profits margin Dec. 31, 2015 58.81% 39.8% (Projected) Sales worldwide Net sales of $3,899 million in fourth quarter 2015 $900,000 (Projected) Location World Wide Singapore Price strategy Never use price cut to increase sales Market skimming pricing Neutral pricing Customer service Good Aim for excellent by going extra miles for consumers, listening the customer needs, 24 hours helpline Direct sale or whole sale or retail Retail Retail, B2B Parent Company The Colgate company Dreamland production and trading Ltd. Market Share 28.3% (Forbes.com, 2016) Aim to go global and gain market share more than 25% 5. Marketing strategy Sale tactics will be firstly sponsorship for events such as band performance, some companys DD sponsorship, Marathon events etc. By sponsoring, the events that targeted age group will be going and events must be aligned with the market segment targeted age between 20 to 60 populations 5.1 4Ps of marketing 4P Strategy Product Magic tooth cleaner is completely new product and differentiated from other types of tooth cleaners. The product has differentiation strategy from its competitors. Price Price will remain flexible and it will be fixed according to the market that will be characterized by market skimming pricing and Neutral pricing. Selling price will have to accommodate the mark-ups prevailing in oral care industry. Selling price will be based on market research on how much customers are willing to pay for Magic Tooth Cleaner as compared to the competitors product. According to the result of buyer intension survey, customers are willing to pay maximum 18$ per magic tooth cleaner. Place Distribution channels are also part of the brand strategy because it will increase the product visibility. Wholesaler and retailer will be the part of the distribution channel. Apart from that, company will also distribute product through supermarkets. Promotion Promotion will be done to create awareness for the entire targeted consumer regarding innovative Magic Tooth Cleaner. Planned promotional activities will be Advertising on social media, radio, magazines, newspaper, MediaCorp, Sales, Organisational sales, Sponsorship deals for businesses (Plummer, Allison and Connelly 2015). 5.2 Product launch strategy A successful launch makes potential customers aware of the new product and keen to try it. Distribution, promotion and customer support are three important elements for new launching of the product. 5.2.1 Website Website is the main look of the business. Therefore, magic cleaner website will create as smart design, well organized and later on will add on the online ordering option. Website will be finalized at least 8-10 weeks prior to launching date. 5.2.2 Social media Create people awareness before the launching of the product, continue posting the promotion information or lucky draw information until launch date, Sneak peak and coming soon posts to let the people know about magic tooth cleaner. Facebook, Instagram and twitter is also powerful social media platforms for potential customers and business partners and shareholders. 5.2.3 Email marketing press Email Marketing will be used before launching of the product. But email marketing option will be utilized more after product has been in the market for at least 7 months and announce in email marketing after customers become members, email marketing will inform about give away points and samples (Schjoedt et al. 2013). Public relations (PR) support was substantial for new product launch. 6 to 10 weeks before the product has been launch, invite press people and reporter to know about the product. Making sure to highlight products unique features and will make the reporters to write the article about the product. 5.3 Sales tactics The sale potential of the magic tooth cleaner will stay in market worthwhile. It is not just for short term. It has opportunity on long-term growth rather than just a trend, as it is an oral care, which is necessary for every household. It can dominate the largest market in future with growing opportunities to expand different region, aim for younger age group in future. 5.4 Brand development The brand development is associated with the product positioning by the company. The brand is set to position in the premium class segment however; the price of the product will remain in the middle segment. Therefore, brand development will be associated with the sensation of good feeling as well as better efficacy. 5.5 Competitive advantage Once an opportunity match the businesss vision and goals, market growth and market potential need to be assessed. The competitive advantage of the magic tooth cleaner will be market differentiation due to its early market entry and product uniqueness. It is a unique product and base on the chances of differentiation, the business will build more strength for future success. The duration that magic tooth cleaner will seize the market is also main factors. Base on the market and economically, in term of duration of the opportunity Dreamland production will have about 2 to 3 years before the competitors or similar products will come out into the market (Block et al. 2013). 5.6 Product and market development Product and market will be developed with the proper channel sales and distribution method. If the promotion of the product is good then availability of the product is next most important aspects. The wholesaler and retailer will be set in the channel distribution system who will distribute the product to the customers. 5.7 Growth potential The market of the oral hygiene product in the Singapore market is growing in a 4% rate annually where the market leaders are growing below the rate of the industry. Therefore, it can be said that there is a moderate growth potential in the market for a normal brand. However if the new product is associated with the good features then it can grow beyond the market growth (Klotz et al. 2014). 6. Operations plan 6.1 Making, assembling and outsourcing Buying some of the machines and equipments, which are not playing vital roles, will be used second hand machinery and tools because it will reduce the cost of production and maximise the profit. From there on, after the business is stable, the machines and equipments will be upgraded for newer and latest models. Entrepreneur will carry out negotiating the deal with suppliers for the raw materials. Items that need to be outsourced or make will be decided after ACCA graduate professional accountants advice. It will be decided most cost effective production for beginning. The general rule is that entrepreneur should buy little and in expensive machines for new venture to avoid wastage on re-equipment for production (Au et al. 2013). 6.2 Plant/Machines needed for production of Magic Tooth Cleaner Plant/Equipment (Second hand) Cost ($) Do you already own it Make or buy Packaging conveyor 15,000 No Buy Package machine 6,000 No Buy Sterilizer 23,000 No Buy Laboratory equipment 20,000 No Buy Chemicals mixer machines 5,700 No Buy Generator 500 No Buy Mixer machine 300 No Buy Total 70,500 6.3 Prospect of scalability and strategic options Magic tooth cleaner is a scalable business it has high margins with medium level support and minimum staffs. To make the business more scalable, entrepreneur will define the process that is non-strategic to produce optimum level of product and will outsource the required support. The core competency is the high technology biomedical-engineered sterilized process. Even though Scaling requires leveraging outside resources, the core competency of the magic cleaner production part will not be outsourced (Kunz and Dow 2013). Entrepreneur has considered the franchising possibilities as well. Franchising will make the business scale faster and maximise profit for shareholders. Magic tooth cleaner will build the long-term strategy that will promote continuous innovation by valuing customers feedback and seeking their needs. Business development department will be duly responsible for continuous research and closely monitor for product development activities. This will maintain the scalability of the business. The possible strategy that Magic Tooth Cleaner may adopt in future will be merger and acquisition with profitable companies. By combining the business, the purpose is to gain synergy that can be benefited by better performance and cost will become lower (Entrepreneurship.org 2016). It will make business more scalable and beneficial for investors. 7. Conclusion From the above discussion, it can be summarized that Magic Tooth Cleaner of Dreamland Production and Trading Limited will get the success in the Singapore market because of the unique product benefit and quality along with innovation. The business plan of the company also describes about the details of the business including the marketing and finance developing a concrete image of the toothpaste market in the country. Therefore may become highly successful in the market due to its aggressive targeting strategy. 8. Reference list Au, K., Chiang, F.F., Birtch, T.A. and Ding, Z., 2013. Incubating the next generation to venture: The case of a family business in Hong Kong.Asia Pacific Journal of Management,30(3), pp.749-767. Berry, T. (2005).Conducting a Market Analysis for Your Business Plan. [online] Entrepreneur. Blank, S., 2013. Why the lean start-up changes everything.Harvard Business Review,91(5), pp.63-72. Block, J., Thurik, R., Van der Zwan, P. and Walter, S., 2013. Business Takeover or New Venture? Individual and Environmental Determinants From a Crossà ¢Ã¢â€š ¬Ã‚ Country Study.Entrepreneurship Theory and Practice,37(5), pp.1099-1121. Bridge, S. and Hegarty, C., 2013.Beyond the Business Plan: 10 Principles for New Venture Explorers. Palgrave Macmillan. Davidsson, P. and Gordon, S.R., 2012. Panel studies of new venture creation: a methods-focused review and suggestions for future research. Small Business Economics,39(4), pp.853-876.

Kimlins Case Debentures free essay sample

If a company borrows money, it will give its creditor a document confirming the existence and terms of the loan. This document is called a debenture. The execution of debentures amp; creation of charges over land by borrowers in favour of banks to secure banking facilities/loans is a common practice. Typically such debentures empower the banks to appoint receivers amp; managers to act on behalf of the borrowers to sell charged land by private treaty. Teo amp; Khaw) Question: in order to recover the sum due by the company borrowers, can the receivers and managers appointed under the debenture proceed to sell the property charged under the NLC by way of private treaty? (without having to follow procedure in NLC) Kimlin case facts: A (borrower company) executed 2 legal charges over the lands in favour of 1st R (the bank) subsequently executed a deed of debenture in favour of 1st R to secure various banking facilities granted by 1st R debenture duly registered pursuant to s. We will write a custom essay sample on Kimlins Case: Debentures or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 08 of companies Act Debenture provided for the bank to appoint receivers amp; managers (Ramp;M) who have certain powers ** no express provision in the debenture appointing them attorneys of the A Subsequently the bank appointed 2nd amp; 4th R as Ramp;M of the appellant wanted to sell the lands without resorting to proceedings under NLC to obtain OFS – Ramp;M applied to HC for a leave to sell lands Later on, A went into liquidation – Ramp;M’s application for leave to sell lands opposed by liquidator HC allowed their application liquidator dissatisfied appealed Issue: whether Ramp;M by virtue of powers conferred upon them by the debenture entitled to sell the charged lands without taking proceedings under the NLC to obtain a judicial sale Held: NO Sale by debenture of land charged under the Code is nowhere provided for by statute. The relevant provisions of the Code as to the rights of chargors (s. 254-265) are designed for their protection (e. g: service of 1-month notice, cause to contrary etc) – and thus cannot be waived, nor can the chargor contract himself out of the Code. It follows that no power of sale can be conferred by a chargor (in this case, the Appellant) under the Code on a chargee himself (the bank) by way of a debenture, but proceedings must be brought by the chargee to obtain a judicial sale in accordance with the rigid procedure laid down in the Code Also – the A went into liquidation Held: Ramp;M of the corporation appointed under a power contained in any instrument is an officer of the corporation and all officers of a corporation are obliged to deliver up to the liquidator appointed by the Court or as he directs: all the moveable and immovable property of the corporation in his custody or under his control which means that liquidation does not merely terminate the agency of a Ramp;M but also his powers on winding up, since there is no estate for the Ramp;M to administer. **in other words – once company goes into liquidation – Ramp;M of the company lose their control over the company’s property – including company’s land The impact of liquidation of the A company on Ramp;M on their powers of sale they no longer have such powers MELATRANS case – distinguished itself from Kimlin’s case This case is slightly diff from Kimlin where: Debenture btw 1st R (registered proprietor of lease of a land) and 2nd R (the bank) 2nd R appointed Ramp;M of all assets amp; undertakings of 1st R – clauses of debenture empowered Ramp;M to act as agent AND attorney of 1st R Ramp;M entered into a sale and purchase agreement with the appellant to sell the said lease The appellant however did not wish to proceed with the said purchase on the ground that the Ramp;M did not have the power to sell the said lease by private agreement in view of Kimlin case 1st R filed an originating summons in the HC for a declaration that the Ramp;M was duly empowered by the said debenture to sell the said lease. The HC granted the declaration. The appellant appealed against the decision Issue: Notwithstanding a valid power of attorney contained in a debenture, can the Ramp;M appointed under the said debenture proceed to sell the property charged under the NLC by private treaty? Held: dismissed the appeal – Ramp;M can sell the said lease by private treaty The court distinguished current case with kimlin KIMLIN- Debenture did not contain an express provision appointing the receivers and managers as attorneys of the appellant the A company (chargor) was wound up and consequently, the Ramp;M ceased to be agents of the chargor but instead became agents of the chargee The appellant company went into liquidation. Hence, it was the liquidator who opposed the application for sale under the debenture in the High Court CURRENT CASE- debenture empowers the Ramp;M to act as the lawful attorney and agent of the first respondent and to exercise the powers accorded under the debenture. Chargor (the first respondent) in the instant case was not wound up Ramp;M remained as agent of the charger Held: s. 256 of NLC provides a prescribed method of sale to be undertaken by a chargee, not a chargor unlike Kimlin, in this case the sale was undertaken by the Ramp;M on behalf of the first respondent, the chargor of the said lease. Therefore, provisions of the NLC prescribing for judicial sale could not apply to the facts in the instant appeal because the Ramp;M was acting as agent of the chargor CONCLUSION The receivers and managers appointed under the debenture can still proceed to sell the property charged under the NLC by way of private treaty provided: (a) Ramp;M act as agent of the chargor (borrower) b). Ramp;M is empowered (by debenture) to act as the lawful attorney of the borrower (c) The borrower company has not been wound up ( x go into liquidation) HOWEVER, even if the borrower company had been wound up, the chargee/Ramp;M may still be able to sell the land by private treaty IF there is an irrevocable power of attorney appointing the chargee/Ramp;M as agent for the borrower Lim Eng Chuan Sdn Bhd v United Malayan Banking Corp amp; Anor Loans granted to the borrower company (chargor) were secured by a charge amp; a debenture which also contained an irrevocable power of attorney in favour of the bank (chargee) Upon default, the bank sought to realize its security by selling the land as agent for the chargor but before it could do so the borrower company was wound up Borrower company sought to declare the sale to the purchaser null and void – failed – appeal to COA COA held: irrevocable power of attorney