PESTEL and Trend Analysis for the Hotel Industry in Spain

Hotel industry comprises one of the biggest areas of touristic business in Spain. PESTEL and trend analysis for the hotel industry in Spain reveals that though the severe financial crisis caused a temporary decline in this sector, hotel business quickly recovered from the crisis and is currently on the way to a new period of prosperity. Spanish political, economic, and legal conditions are rather advantageous for both employers and employees in the hotel industry and should encourage its extensive development in the nearest future.Advertising We will write a custom report sample on PESTEL and Trend Analysis for the Hotel Industry in Spain specifically for you for only $16.05 $11/page Learn More Spain Political Analysis Government Stability According to the data collected by The World Bank (2013), the index for political stability in Spain is currently growing, though it was significantly under 0.00 index during 2006-2011 (par. 2). Therefore, the risks o f destabilization of the government are higher than in other Western European countries but are not as critical as it was during the previous years (A. M. Best Company Inc., 2015, p. 3). The lowered rates of government stability experienced by Spain during the recent years Spain influenced hotel industry by making the country less attractive to foreign investors. However, current government stability is favorable for foreign investors. Taxation Policy The Value Added Tax in Spain is due for any services sold in the country, including hotels and cultural events. 2013: The Spanish government increased hotel tax from eight to ten percent (Berman, 2012, par. 2). The taxation policy significantly affects the hotel industry, as high hotel taxes decrease the rates of tourism. The two percent hike in hotel tax in Spain has not caused significant changes in the hotel industry, but further tax hike is not desirable. Hotel Industry Specific Regulations In Spain, hotels are obliged to commu nicate the rates they apply to the Local Tourism Authority and to place them in a visible place (CMS guide, 2008, p. 58). Detailed regulations approved by the Ministry of Industry govern health and safety issues in the hotels, including the size of the room, disabled access, fire and escape plans, etc. (CMS guide, 2008, p. 59). A hotel license from the Regional Tourism Authorities is required to commence trading. The hotel industry regulations in Spain are highly effective in ensuring the safety of the customers and the fairness of charged fees. Social Welfare Policy Spain has a smaller welfare state than most central and Northern European countries. The social services provided by the Spanish social security include protection in case of maternity, illness, unemployment, retirement, etc. Healthcare and education are universal (Aguilar, Escobedo, Montagut, 2013, p. 5). The social welfare policy in Spain protects the employees and should promote the development of hotel industry b y attracting new employees to this sector. Employment Laws 40-hour working week. Vacation of 21 business days. Fifteen days (including weekends) for marriage. Four months for maternity leave. Employment laws in Spain are mostly similar to the laws of other Western Europe countries. However, the salaries in Spain are lower than in northern Europe, and, therefore, the Spanish hotel industry is not very competitive in terms of attracting expatriates and other foreign employees, though is competitive in attracting foreign investors. Competitive Regulations Fair competition is supposed to be ensured and controlled by the country’s antitrust authority – the Comisià ³n Nacional de la Competencia (CNC) (Spain: Anniversary of the Spanish Competition Act, 2013, p. 1). The competition law is enforced by the Competition Service (Servicio de Defensa de la Competencia) and the Competition Tribunal (Tribunal de Defensa de la Competencia) (Spain: Anniversary of the Spanish Compet ition Act, 2013, p. 1). The competitive regulations in Spain create a fair environment for the competitors in the hotel industry and should promote its further development. Spain Economic Analysis Business Cycles The severe economic crisis recently experienced by Spain has dramatically influenced the business cycles in the country. The great recession of 2008 has caused a significant decrease in the business activities. The business cycle trough in the summer of 2013 was followed by the recovery period continuing till now (Global business cycle map, 2015, par. 1). Though Spain experiences business cycle trough, the business in the country is supposed to witness the successful recovery and expansion during the nearest 10-20 years. Interest Rates The interest rate in Spain started declining in 2008. After a dramatic decrease, it continued a gradual falling up to 2015. Spain’s benchmark interest rate is set by the European Central Bank and is currently at 0.05. Spain Long Te rm Interest Rate is at 1.78% (European Central Bank, 2015, par. 1). The decreased interest rate in Spain reflects its economic instability and presents a serious threat to all industries, as weak economic is not likely to attract investors. Money Supply Money supply in Spain continues to grow. Money Supply M1 in Spain is 663777 EUR Million while Money Supply M2 is 1032192 EUR Million (IEconomics, 2015, par. 1). The increased money supply affects interest rates of the country. The expansionary monetary policy in Spain can lead to further decrease in interest rates. Inflation Hotels and restaurants comprise 11.5 percent of the consumer price index in Spain (Ernst Young, 2013, p. 239). After a drastic decrease in inflation in 2008-2009, it experienced a period of growth interrupted by repeated decrease starting in 2012. Currently, consumer prices index in Spain continues to fall nearly 0.5 percent on a monthly basis (National Statistics Institute, 2015, par. 1). The hotel industry significantly impacts the consumer price index in Spain, as hospitality is one of the main contributors to the wider economy. Therefore, the development of hotel industry should be one of the main priorities of the government. Unemployment Unemployment is one of the most vital problems in Spain. From 2008, the unemployment rates were growing and reached the all-time high of 27 percent. Currently, positive tendencies are witnessed, as the jobless rate is 21 percent now. Spain’s hospitality sector supports a significant number of jobs equivalent to 12.4% of the total workforce (Ernst Young, 2014, p. 239). Therefore, the government is likely to put much effort in promoting the development of hotel industry as it plays a crucial role in providing employment opportunities. Disposable Income Disposable Personal Income in Spain increased to â€Å"215100 EUR Million† this year and Spain Real Household Personal Disposable Income is at a current level of 98.80 (Federal Res erve Bank of Dallas, 2015, par. 1). There is a significant difference in the disposable income of the top and the bottom of the population of Spain Spain’s lowered disposable income rates are likely to make the country attractive to foreign investors due to the lowered expenses needed for paying the local employees. Exchange Rates Spain’s Currency is Euro. The exchange rate for Euro is nearly â‚ ¬0.77= $1. The exchange rates in Spain totally depend on the general tendencies faced by Euro, as the country does not use its country-specific currency. Such situation leads to the high interest of the population of the European Union using the same currency to the tourism in Spain, which directly influences the hotel industry. Spain Socio-Cultural Analysis Demographics As of July 1014, Spain had a total population of nearly 48 million (CIA, 2015, par. 1). Nearly half of the population is aged 25-54 years, and the median age is 41 years (CIA, 2015, par. 2). Urban popula tion comprises nearly 77 percent of total population. Roman Catholicism is the prevailing religion (94%) (CIA, 2015, par. 1). Lifestyle Changes Spain is known for a wide range of sports and leisure activities. The country has a reputation for its delicious food being known as a representative of the Mediterranean diet. The highly diverse landscape offers both beautiful beaches for summer holidays and amazing mountains for winter holidays. The experienced financial crisis in Spain has influenced certain aspects of the Spanish lifestyle, but the country remains highly attractive for tourists willing to experience the famous advantages of the Spanish lifestyle. Education Level Nearly 99 percent of the population aged above 15 can read and write (CIA, 2015, par. 26). The quality of education in Spain is considered lower than in other Western European countries. Fifty-five percent of adult population has upper secondary education. This index is lower than the average percent for most of European Union countries. Lowered level of education in Spain contributes to lowered wages, which can be an attractive factor for foreign investors. Income Distribution Spanish wealth gap is considered one of the biggest in the European region, as it the most unequal in Europe. Top twenty percent of the society is approximately eight times richer than the bottom of the population. The unequal income distribution in Spain affects the hotel industry, as it should create a high demand for low-paid jobs in the hospitality sector. Social Mobility Spain, along with other Southern European countries, appears to be rather social immobile. In Spain, the influence of parental background on person’s educational and job opportunities is rather high (OECD, 2010, p. 185). Attitudes to Work and Leisure Work-life balance is one of the primary priorities of the Spanish population. Spaniards are less likely to consider career the most important thing of their life than the population of Northern European countries. Spanish people value leisure relatively high, which creates a great demand for hotels among the population of the country. Consumerism The level of satisfaction from purchasing for family and self in Spain is medium and is similar to other Western European countries. The importance of other’s admiration of possessions is low while willingness to try new technologies is medium. Most Spaniards tend to give much value to leisure time and consider gaining more time for family life as one of the biggest goals. Such situation is likely to promote the high demand for services provided by hospitality sector, including the hotel industry. Spain Technological Analysis New Inventions Spain is known for its rich history of inventions, both in the old times and during the last centuries. Spain occupies the ninth place in the rankings of world science, but the budget cuts caused by Spanish financial crisis significantly decreased the rates of new scient ific discoveries Rates of Obsolescence Obsolescence rates in most industries in Spain are relatively low. The low level of obsolescence in Spain attracts foreign tourists interested in using services based on the state-of-the-art technologies. Government Spending on Research Spanish system for science and technology heavily depends on the public sector, which makes it highly susceptible to any changes in the economic status of the country. Though the government tends to spend much money for research, the Spanish financial crisis caused the deep budget cuts that significantly decreased the rates of new scientific discoveries. Technology Transfers The institutions working on improving existing and creating new technologies in Spain collaborate with industry representatives and transfer new technologies to the potential customers. Spain Environmental Analysis Geographical Location Spain shares the Iberian Peninsula with Portugal and is surrounded by the Atlantic Ocean and the M editerranean Sea. Such location gives to the country numerous stretches of coastline that are attractive sites for tourists. Spain possesses the Balearic Islands and the Canary Islands, which are popular touristic destinations. Spain is the most mountainous country in Europe. The country’s unique advantageous geographical location is one of the most influential factors positively influencing the hotel industry. Climate and Weather The country’s big territory causes big variations in climate and weather across it. The climate is mostly mild, which is a great advantage for tourism-related industries, including hotel industry. The coastal regions in the South and Eastern parts of Spain have the Mediterranean climate, which is highly beneficial for the tourism. These territories are perfect for visiting during the whole year. The mild climate is likely to remain one of the primary benefits promoting the development of touristic services and the hotel industry. Spain Leg al Analysis Competition Laws 1963: The first special Act in Spain prohibited anti-competitive practices. 1989: The second competition Act that introduced a modern system of competition law enforcement in the country as a result of Spain’s accession to the European Economic Community. This act provided SDC and TDC with bigger resources and more efficacious tools to carry out their duties (Spain: Anniversary of the Spanish Competition Act, 2013, p. 1). 2007: The third competition Act, which created the Comisià ³n Nacional de la Competencia (CNC). The competition laws in Spain are likely to be favorable for investors and positively influence the hotel industry. Employment Law The government has launched a package of incentives aimed at promoting job creation and private business The minimum is set by the Government each year (currently nearly 650 Euros). All employment contracts in Spain are registered at the employment offices though written contract of employment is not ne cessary. The employment laws in Spain are aimed at protecting and being favorable to the employees. Health and Safety Occupational safety and health are ensured by the Ministry of Employment. The Ministry governs the National Institute of Safety and Hygiene at Work and the Labour Inspectorate, which are the bodies responsible for enforcing appropriate laws. The regulatory framework of the main elements of occupational safety and health legislation in Spain is advantageous for the workers and strictly governs the employers in the hotel industry. Product and Service Safety 1978: the enactment of the Spanish Constitution, which guides the defense of consumers. 2003: Royal Decree Number 1801/2003, which defines the health and personal safety standards applicable to any product or service (Gutierrez Buigas, n.d., p. 5). 2007: The General Law on the Protection of Consumers and Users Hotel industry provides services and products that are eligible to the mentioned regulations and shoul d conform to the accepted standards of safety. The Analysis of the Major Trends Attracting Tourism in Spain After the Spanish financial crisis and subsequent decline in tourism in Spain, the positive tendencies started developing in 2014. There are several main tendencies contributing to the stabilization of tourism sector and attracting the visitors from all over the world to Spain. One of the current positive trends in the Spanish tourism sector is the returning flow of investors, both local and foreign, eager to invest in the hotel business in Spain. The affordable assets and renewed trust in the Spanish economy encourage investors to consider hotel sector in Spain an attractive area of business. Barcelona and Madrid are the main investment destinations, as Barcelona is one of the most popular recreational and cultural sights in Europe while Madrid is a destination for a large amount of business travel. Gulf companies comprise the largest group of foreign investors though Europe an investors are also active. Such trends result in better services offered by Spanish hotels, and, therefore, contribute to higher numbers of international visitors. The orientation to low-cost services is one of the evolving features of the touristic companies working in Spain. Such trend positively influences the number of visitors, as more people can afford a vacation in Spain nowadays than it was before the financial crisis. Many companies, including those operating within the hotel industry, modify their policies and services toward this growing trend to remain competitive and attract more customers (Euromonitor International, 2014, par. 3). The Analysis of the Major Trends Attracting Holiday Tourism Holiday travel is one of the main types of tourism in Europe, as many people are willing to spend the holidays in an unusual destination. Spain offers a wide variety of holiday travel services due to the warm climate and abundance of natural and cultural attractions. Several trend s developing in touristic business in Spain attract tourists and contribute to the Spanish economy. The popularization of Sun-and-Beach tourism in Mallorca is one of the most influential trends benefiting Spanish holiday tourism. The island has an abundance of historical and cultural sights. The largest group of holiday makers, who are attracted by picturesque beaches, warm climate, and exceptional touristic amenities, comes from Germany and the United Kingdom. The economy of the island is highly dependable on the tourism industry.Advertising Looking for report on communications media? Let's see if we can help you! Get your first paper with 15% OFF Learn More The quick expansion of the Internet services contributed to the popularization of Sun-and-Beach tourism in Mallorca, as World Wide Web enabled a large group of potential customers discover the opportunities of having a holiday in Mallorca. Online applications and sources provide the information about the holiday resort and give an opportunity to choose between numerous variants of housing options (Yusta, Monge, Vega, 2008, p. 485). The PESTEL and trend analysis for the hotel industry in Spain reveals that the industry has managed to recover from the decline caused by the Spanish financial crisis quickly. The country’s political, economic, socio-cultural, technological, environmental, and legal framework is favorable for further development of hotel industry and promotes positive trends attracting tourists to Spain. References Aguilar, M., Escobedo, A., Montagut, T. (2013). Local welfare policies in Spain: Employment, housing and child care. Retrieved from http://www.wilcoproject.eu/wordpress/wp-content/uploads/WILCO_WP2_Report_06_ES1.pdf A. M. Best Company Inc. (2015). AMB country risk report. Retrieved from http://www3.ambest.com/ratings/cr/reports/Spain.pdf Berman, C. (2012). Spanish hotel tax rises to 10%. Retrieved from http://www.travelweekly.co.uk/Articles/2012/07/11/41058/sp anish-hotel-tax-rises-to-10.html CIA. (2015). Spain demographics profile 2014. Retrieved from http://www.indexmundi.com/spain/demographics_profile.html CMS guide to principal hotel-specific laws in Europe and China. (2008). Retrieved from http://www.cmslegal.com/Hubbard.FileSystem/files/Publication/88240935-6e27-462f-8ab7-00ccaec5ecb6/Presentation/PublicationAttachment/d792919c-5e74-4f22-a302-03512eecae39/CMSLS_0908L5_Hotel%20Law%20Guide_0917_yp.pdfAdvertising We will write a custom report sample on PESTEL and Trend Analysis for the Hotel Industry in Spain specifically for you for only $16.05 $11/page Learn More Ernst Young. (2013). The hospitality sector in Europe. Retrieved from http://www.ey.com/Publication/vwLUAssets/The_Hospitality_Sector_in_Europe/$FILE/EY_The_Hospitality_Sector_in_Europe.pdf Euromonitor International. (2014). Travel in Spain. Retrieved from http://www.euromonitor.com/travel-in-spain/report European Central Bank. (2015). Long-ter m interest rate. Retrieved from https://ycharts.com/indicators/spain_long_term_interest_rates Federal Reserve Bank of Dallas. (2015). Spain real household personal disposable income. Retrieved from https://ycharts.com/indicators/spain_real_household_personal_disposable_income Global business cycle map. (2015). Retrieved from https://www.economy.com/dismal/tools/global-business-cycle-map Gutierrez, J., Buigas, B. (n.d.). Consumer protection in Spain. Retrieved from http://www.buigas.com/panell/public/adjunts/articulos_107_Consumer_Protection_in_Spain.pdf IEconomics. (2015). Spain – Money supply M2. Retrieved from http://ieconomics.com/spain-money-supply-m2Advertising Looking for report on communications media? Let's see if we can help you! Get your first paper with 15% OFF Learn More National Statistics Institute. (2015). Spain inflation rate. Retrieved from http://www.tradingeconomics.com/spain/inflation-cpi OECD. (2010). A family affair: Intergenerational social mobility across OECD countries. Retrieved from http://www.oecd.org/tax/public-finance/chapter%205%20gfg%202010.pdf Spain: Anniversary of the Spanish Competition Act. (2013). Retrieved from http://ec.europa.eu/competition/ecn/brief/01_2013/es_anniv.pdf The World Bank. (2013). Spain political stability. Retrieved from http://www.theglobaleconomy.com/Spain/wb_political_stability/ Yusta, A., Monge, E., Vega, A. (2008). The adoption of the Internet as a new distribution channel for holiday tourism in Spain: The challenge of consumer perceived risk and consumer attitudes. Retrieved from http://www.computer.org.contentproxy.phoenix.edu/csdl/proceedings/dexa/2008/3299/00/3299a485.pdf This report on PESTEL and Trend Analysis for the Hotel Industry in Spain was written and submitted by user Danny Garrett to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Leadership and Management Essays - Leadership, Social Psychology

Leadership and Management Essays - Leadership, Social Psychology Anthony P. Moreno LDR/300 Leadership and Management January 25th 2016 Abstract I will be discussing the differences between leadership and management with definitions, personal examples and examples from the text. Leadership is something that we all need in any environment or situation that we are in. Management is mainly found in organizations and in the work environment. Leadership is a process whereby an individual influences a group of individuals to achieve a common goal.(Northouse, 2013) Management is about seeking order, planning, staffing, stability, organizing, and controlling in organizations to help them work productively and systematically. In the military there are different jobs that each sailor contributes just like any other job. Some jobs or duties are more important than others. At my job we have some leaders that are not good at managing and we have some management that are not very good leaders. For example, if we have a mission to complete and they managed what our mission is, organized it, set up our briefing beforehand for it and gave us a timetable of when we should land and be back, but they usually dont go on the missions with us. This is when a leadership stance comes in and takes over. Just because a certain mission is managed step by step something can always go wrong with any little thing like low fuel, broken part on the plane, not unloading cargo fast enough and we may miss our time table because of these mishaps. Leadership comes into play because someone steps up and decides what is best for our safety and determines how we will be able to continue with the mission or it has to be put on hold until we fix what needs to be fixed. Some of the different leadership roles are motivation; this role helps the entire team function with a positive mindset because they have someone who wants them to succeed behind them. Leadership helps establish direction for the team by setting strategies and being able to make clear of the big picture. Some management roles are to organize and provide structure like rules and procedures. Management produces order and consistency by also controlling and using problem solving. These roles are different between leadership and management because a management role is to seek order and a leadership role is to pursue constructive change. According to Northouse (2013), Defining leadership as a process means that it is not a trait or characteristic that resides in the leader, but rather a transactional even that occurs between the leader and the followers. The leader isnt born a leader, even though that is a common saying. A leader develops a certain skills when in groups and takes the role by helping teach people and encouraging people to succeed to their common goal. Leadership involves influence. Without influence, leadership does not exist. (Northouse 2013) The trait perspective suggests that certain individuals have special innate or inborn characteristics or qualities that make them leaders, and that it is these qualities that differentiate them from non leaders. (Northouse 2013) References Northouse, P. G. (2013). Leadership: Theory and practice.

Ethical Delimma - A Real Life Situation Case Study

Ethical Delimma - A Real Life Situation - Case Study Example Ellen also undertook the occupation in the area of providing brokerage services to big industries in Omaha. Ellen started to handle some large accounts to whom she provided her services and as a result of this, Ellen started to make a name for herself among the wealthy class of people in Omaha. Joseph and Ellen had plans to get married. With the passage of time, the expenditures planned by them for meeting the expenses of their wedding were falling short of the actual estimations. Apart from this, the maintenance cost of the new home bought by Joseph was also increasing. The cost of commuting by Ellen from her apartment to the new house and to the place of her work was also increasing. However, Ellen assured Joseph that the rising costs would be met with the steadying of their income levels. According to the plan, Joseph was able to keep producing high sales volume with his team of ten salespeople. Joseph found that Carl, who was one of the prominent members of the sales team in term s of his contribution of sales volume, was involved in the process of kickback with the existing clients. Carl was also the son-in-law of the vice-president of the company. It was found by Joseph that a total of three members of his sales team including Carl were involved in the kickback with existing customers. Joseph reviewed the policies of the organization and found that the company intends to do every aspect of its business in the right sense and direction and intends of the best products at best prices to its customers. The vice-president of the company, Katherine has a track record of terminating employees who conveys the news of unethical practices and is also responsible for conducting the unethical practices. While Joseph was pondering whether to discuss the matter with his vice-president or to state openly in the meeting with the sales team that such unethical matters are against the policies of the organization, Joseph was called by his fiancee and told that she has been hired as the broker to the vice-president of his company. Thus Joseph was in a situation of ethical dilemma whether to discuss the matter with the vice-president that might affect his and his fiancee’s career aspirations or to state the right things to be done in the right way which is in line with the policies of Alcon. The key question to be addressed in this scenario is, â€Å"How would Joseph deal with the situation of ethical dilemma in balancing the personal needs and adhering to the ethical demands in the workplace?† Possible Options The possible options that could be adopted by Joseph in order to address the situation of ethical dilemma are explained as follows. The first option could be that Joseph could call for a team meeting and discuss the instances of kickback with the existing customers that have been undertaken by the three employees of his sales team including Carl who has been around in Alcon sales team for considerable time. Despite the practices of kickback in the past during bad times, the importance of adhering to the policies and ethical practices in the organization should be explained. The various consequences of kickback including its effect of fair competition, reduced quality and increased prices, effects on long term business prospects, brand image, employee accountability and action could be explained to Carl and the other team members. The

Exploring Learning Essay Example | Topics and Well Written Essays - 2000 words

Exploring Learning - Essay Example These approaches are important as they give an idea of what different students go through when learning. The approaches have been described by scholars as being able to give a clear distinction between the different learners. Thus, it is mandatory for a teacher to learn and understand these approaches so as to make their students excel and make the most out of themselves (Cooper, 2009). Deep and surface approaches were postulated through in the nineteenth century. These approaches were first carried out by Marton and Saljo in 1976. The two scholars carried a study on a number of students and their learning approach. They gave the sample study a particular task, to read a particular text. After they had all read the text, they were asked questions based on what they had read. The students adopted different methods to understanding the text. Different groups adopted different methods of learning. One group adopted the deep approach and another adopted surface approach of learning. This was evident by how the questions were answered after the students had read the text (Murdoch & Wilson, 2008). In answering the questions, the first group displayed that they had understood fully the text while the second group had a vague understanding of the text. This showed a clear distinction. ... Deep learning approach as the word suggests involves the process of having a critical understanding of what is being taught. The students that fall under this category critically analyze concepts and principles, leading to proper understanding that is used in the long-term. It has been noted that for this approach to work, a student needs to be dedicated for a long time. They need to start reading early in advance so that they can understand better what they need to cover. It is the best method that learners should use (Cooper, 2009). This method ensures that the learning method is effective as learners will have benefitted fully from the learning process. Surface learning approach on the other hand is meant for short term retention of information. It mainly involves memorization of facts. The approach does not promote use of knowledge in the long term. The knowledge or information is only crammed briefly. This particular approach is used normally during examinations, especially when the student is not prepared. They want to quickly learn enough information to help them pass the examination. When the reader has done the examination, he or she usually forgets quickly what they have learnt. This learning approach is not advocated for as students do not grasp the knowledge for long (Jarvis, 2005). There are however some instances where it is embraced. An example is when a person is doing a presentation; it applies once the presentation has been done and in case the idea has been rejected, they can quickly switch to a new idea. The third learning approach is the strategic approach. This method is applied whenever necessary. It is a combination of both methods. However, the learner makes a decision on which method they should apply. This all depends on the

Law Principles in Business Company Formation

Law Principles in Business Company Formation Introduction In a modern capitalist market economy, companies are a familiar part of everyday life. Companies own supermarkets, supply gas, foods, drinks, electricity and products we are depending on. As we all know in Malaysia there are different types of business entities. Local or foreign investors are coming to Malaysia to start a business. Besides, company has been defined as three formal business entities for profit which may be a corporation, a partnership, association or sole proprietorship. However, usually are people thinking the term of company means the business is incorporated, but that is not true. In fact, a corporation usually must use some. In order to incorporate a company, there are two stages that we have to go through, which are, pre-incorporation and post incorporation. In the pre incorporation stage, the promoter is responsible to bring the company into the legal existence and ensure its successful running, and in order to accomplish the obligation he or she may enter into some contract on behalf of prospective company. Promoters are the persons involved in formation of a company. They will undertake the initiative to prepare necessary documents and do other significant works in order to register the company. The principles of law relating to the formation of a company There are various forms of business organizations operating in any given economy. The business structure in use can be defined by the legal framework under which it operates. Therefore, the rules applied to these entities are different. Some of the types of business forms include Partnerships, Sole Proprietorships, and Corporations. Other forms may include entities set up not to make a profit but sometimes for the benefit of the community. Incorporation is when a business decision is made to form a new legal entity which is recognized by law to either undertake a not for profit business or for profit business. The process of forming of a company can be divided into four distinct stages such as promotion, registration or incorporation, capital subscription and commencement of business. Usually, promotion is the first stage in the formation of a company. It refers to the entire process by which a company is brought into existence. It starts with the conceptualization of the birth a company and determination of the purpose for which it is to be formed. A private company as its name implies cannot offer its shares to the general public. The next form of incorporation is a Private Company limited by guarantee. This form of incorporation will have no share capital. Under the Companies Act, a company cannot be limited by guarantee if it has a share capital. This form of incorporation is also limited by shares. It may be referred to as the opposite of a private company limited by shares. This is because it has a share capital and limits the liability of its members to the amount unpaid on their shares. The shares held in such companies can be traded in the capital market in line with listing rules. SEPARATE LEGAL PERSONALITY The principle of separate corporate personality has been firmly established in the common law since the decision in the case of Salomon v Salomon Co Ltd, whereby a corporation has a separate legal personality, rights and obligations totally distinct from those of its shareholders. Corporate personality is a common law principle that grants a company a legal identity, separate from the members who comprise it. On the other hand, it follows that the property of a company belongs to that company, debts of the company must be satisfied from the assets of that company, and the company has perpetual succession until wound up. When a company receives a certificate of incorporation it automatically be a separate legal personality. In law when the company becomes a legal person it means its own right. This essentially means that if one commences business as a limited liability company, then the corporation or company is a legal entity with distinct legal personality separate to that of the owners, members, or shareholders. This is known as the concept of legal personality. The veil of incorporation can be described as being the separation between a company and its members. Due to the separate legal status of a company from its members this is usually very strictly maintained. However, there are certain circumstances when the courts will deny the people who run the company the advantage of hiding behind the corporate veil. In these instances the veil of incorporation is said to be lifted, the barrier between a company and its members is removed so there is no legal separation between them. There instances are however, difficult to predict as the reasons depend on the judges interpretation of fairness or policy or of how a particular statute should be interpreted. In the leading case of Salomon v Salomon Co Ltd, Salomon incorporated his boot and shoe repair business, transferring it to a company. Based on the cases of Mr. Salomon is when he was ran a boot manufacturing business as a sole trader. He and his family were shareholders and then he sold the business to the company. However, the company paid part of the purchase price to Salomon and agreed to pay the remainder over time. To secure its obligation to pay, the company gave Salomon security over its assets in the form of company charge. Effect of the charge, the company’s assets had to be used to pay out Salomon in full before they could applied to pay out the company’s other unsecured as MD. Unfortunately, the company’s business failed, the value of assets was insufficient to pay both Salomon and the company’s other creditors. However, the creditor argued that Salomon should not receive the benefits of charge, because the degree if control exercised over the company meant it should be treated as being his agent or trustee for Salomon in the conduct of the business. Lastly, the charge given by the company to Salomon was valid and he was entitled to be paid his debt even though other creditors would not be paid because of insufficient assets. This is because Salomon was not personally liable and the company was treated as operating the business in its own right which is separate from its controller. Conclusion The law as it is under the English company law will rather impute the principle of separate legal personality to a limited liability company as was the case in the case of Salomon v Salomon than apply the doctrine of lifting the veil. However the law will be ready to go after a person who takes advantage of the principle of the case in Salomon v Salomon to act in a fraudulent or unspeakable manner. It is the intent of the law is to create justice and fairness as it evidenced in both statutory provision and judicial decisions. However the principle of separate legal personality comes with it some vagueness especially when one looks at the exceptions which come with the principle. It is therefore necessary that something is done to reduce if possible eliminate such vagueness.

Missing - Charles Horman is Us :: Movie Film Essays

Missing - Charles Horman is Us [1] How I came to choose Missing as the focus of my project is as a result of the learning experience I have been engaged in during my college career. Having first seen the film for a class, I thought of it as nothing more than a movie about something monumental that happened in Chile more than two decades ago. I watched it, unhappily, thinking about all the other things I could be doing, and even falling asleep during some of it. In the time between my first viewing of Missing and embarking on this most recent project, I have learned a great deal about history, politics, and people. My views on all three of those subjects are constantly changing, with each new piece of information I receive further complicating my thoughts. Missing has gone from a movie, the title of which I had difficulty recalling, to being a thought provoking exposition that has forced me to examine, evaluate, and reevaluate almost everything that had once been certain in my own mind. [2] Missing is a rather confusing film to follow at first. Admittedly, I had to view it a few times to understand what was happening. Perhaps the initial feeling after seeing this film is confusion. However, after having watched it a second, fourth, eighth time, what I really felt was anger. Each time I watched the film, the anger and disgust would grow, so much so that it pained me to watch it again. However, in identifying the cause of my anger, I began to realize many things. [3] The United States government denied having knowledge of Charles Horman’s disappearance. It denied any accusations, especially those of U.S. complicity in the coup. U.S. government officials seemed accommodating and willing to help. But Charles was still nowhere to be found. Perhaps he was hiding from the government because of his political views. Perhaps he was scared that his activities would cause him harm of some sort. Impossible, his family said. Charlie had nothing to hide and no one to hide from. He was captured and no doubt in a great deal of trouble. The onus was then on the United States to find one of their missing, to come through and protect its citizens from mistreatment by foreign nations.

Assessment Task †Health and Safety Mu 2.4

MU 2. 4 1. 1 Understanding your role in contributing to children and young people’s health and safety is a priority. As a new member of staff your line manager will need to know how you can apply this in your work setting. You have been asked to produce information that includes: †¢an outline of the health and safety policies and procedures of the work setting Health & Safety Policies †¢Protective clothing to be warn when necessary for example, wearing gloves when administering medical aid to children. i. e. If child fell over and bleeding put gloves on. †¢If an accident occurs write down in accident book. No matter how small the injury is. With a double signature from staff and end of the day by parents †¢Medical Records. Only prescription drugs to be added and our policy match Schools. †¢Making sure the gate is always shut on the entrance to the kitchen area so the children can’t go in and get hurt or burnt. †¢All cleaning products are locked away in the kitchen area. †¢Fire exits always clear and known to staff and back exit gate key on hook if needed. Making sure children wash their hands after the toilet and before eating. †¢Continual risk assessment of new and on-going tasks and areas of the children’s surroundings. i. e. If I see an overhanging bramble/branch in the garden, I would need to cut it off and mention it to the manger before children can play. †¢If there were objects that could cause unnecessary accidents they would need picking up. If there was lots of mess on the floor like paper that would need to be cleaned up to avoid slips. This would be the same if there was water spilt and the manager would need to be informed. †¢Making sure all the rooms are ventilated so the children don’t get over heated and the it not to cold either. †¢Staff to child ratio on walks would be one adult to two children with the nursery that can increase to one adult to eight children. †¢Volunteers and staff are all CRB checked before working with the children. †¢Front door and gates always locked. †¢First aider always known and first aid boxes located around the setting but secure from the children.