Organisational Culture Analysis of BP

Organisational Culture Analysis of BP Title: What is the role of Organisational Culture in British Petroleum at Lancashire County? Contents: Literature Review Research Aims, Objectives and Limitations Research Methodology Research Methods Analysis Results Recommendations and Conclusions Introduction Organizational culture is the set of shared values, beliefs, and norms that influence the way employees think, feel, and behave in the workplace (Schein, 2011). The purpose of this dissertation is to explicate the impact of organizational culture in British Petroleum towards achieving the business objectives and capabilities of employees roles and subsequent role behaviours. I propose that four types of cultures (clan, entrepreneurial, market and hierarchy) exert different and at times competing pressures, thus, creating distinct role schemas regarding the range of expected employee behaviours, which in turn, guide distinct forms of employee role behaviour (e.g. helping, innovation, achievement and compliance). Literature Review Organizational culture has the potential to enhance organizational performance, employee job satisfaction, and the sense of certainty about problem solving (Kotter, 2012). Organizational culture has received ample attention both in the popular and scholarly press as an important factor predicting organizational effectiveness by inducing employees to behave effectively (Cooke Rousseau, 1988; Schein, 1985, 1990). Knowing the culture of an organization allows employees to understand both the organizations history and current methods of operation. Organizations can achieve effectiveness only when employees share values. For instance,Eliot Jaques provides the following description of the culture of a factory: The culture of the factory is its customary and traditional way of thinking and of doing things, which is shared to a greater or lesser extent by all its members, and which new members must learn, and at least partially acceptà ¢Ã¢â€š ¬Ã‚ ¦ Culture is part of the second nature of those who have been with the firm for a long time. (1951: 251). Organizational culture, through its norms, serves as a control mechanism to channel behaviours toward desired behaviors and away from undesired behaviours. This can also be accomplished by recruiting, selecting, and retaining employees whose values best fit the values of the organization. Aim The aim of the study was to present and discuss the preliminary culture model to indicate the culture performance within the British Petroleum and proposing a model for assessing organisational culture towards achieving business objectives. Objectives Approach of organisational culture allows access to the dynamics of the social system in all its complexity, and then it leads to the concept of corporate identity (Strategor, 1995. The main objectives of organisational cultural and capabilities to achieve the aim are, Analysing the present and future Business plan Staff employment and their internal relationship Knowledge sharing and Decision making Plans for business process and implementation Rational of the research An Organisations culture determines the organisations ability to complete projects successfully that can encourage a culture in their business that aligns with their objectives and makes employees more likely to succeed in reaching their objectives. Even though two businesses have similar structures, the impact of effectiveness can be different because of differences in their cultures. So the research about comparing the present model of organisational culture of the selected organisation with the competitors provides ample of knowledge and new understanding about employing staff, kind of work assignment, communication plans and their in-house relationship provides understanding which enhances the knowledge for assessing organisational culture towards achieving business objectives. Scope The scope of the study will contribute to the extant research on organizational learning, culture, and identification, the literature on these constructs remains mostly prepositional. There is a wide scope for continued quantitative and qualitative research on each one of the latent variables included in this study individually and  collectively. This research studies could be applied for the findings of research to multiple organisation at various geographic locations, in order to determine commonalities and differences across various business sectors and localities. Different combinations of culture and learning variables influence organizational identification at different levels like low, medium and high. Limitations Money and Time Costs: When the basic data are subjected to frequent changes, incorporating them into the Organisational research models is a costly affair. Moreover, a fairly good solution at present may be more desirable than a perfect solution available after sometime. Implementation: Implementation of decisions is a delicate task. It must take into account the complexities of human relations and behaviour internally. Research Methodology Data collection and analysis methodology is to be carried out throughout this research which should be chosen to match the particular evaluation in terms of its key evaluation questions (KEQs) and the resources available. Impact evaluations should make maximum use of existing data and then fill gaps with new data. Some common data collection methods include observations, interviews, focus groups, surveys, and the use of secondary data such as test scores. I have choose to carry out Qualitative data methods and analysis which is allows to find out the reasons. This may be beneficial to an organization in bringing out the required changes to create a culture that can facilitate better learning opportunities. The research will be both deductive and inductive in nature and will be anchored in grounded theory. Methodological problems predicted which may arise while carrying out this research are Voluntary participation, because in most cases, permission is needed from people before involving them in any primary research. Confidentiality and anonymity as participants may reveal embarrassing or potentially damaging information such as racist comments, unconventional behaviour and Researcher bias. I will be using both primary and secondary sources for this research such as primary sources like questionnaire, personal and group interviews and observations and secondary sources like internet, journals, articles, magazines and books. The validity of the proposed model will be tested by a few case studies. In order to measure current and expected organisational culture capabilities, it will adopt the maturity-level techniques which is being able to measure the organisational readiness (Galliers Sutherland, 2003; Salleh Alshawi, 2006). The gap between the current and expected levels could be identified which also is known as the Readiness Gap(Salleh Alshawi, 2006). TASK 1 part 2: Plan and procedures for the agreed research specification (AC1.5); Research objective By when Resources to be used (2.1) Milestones (when do you know this objective is achieved) Review dates (which is after the by when to ensure that you have actually achieve the objective ) How will you monitor this objective is being achieved? method of monitoring Analysing the present and future Business plan 21/12/16 Gathering information on good make better sense of your market research. 5/1/17 8/1/17 By constant evaluation after gathering the required resources Staff employment and their internal relationship 25/12/16 Online survey, questionnaires, Journals, 28/12/16 31/12/16 By gathering data in regular basis about the employee culture in the organisation Knowledge sharing and Decision making 5/1/17 Articles about franchise buyers, books and related web link 11/1/17 14/1/17 By getting answer to the questions How much knowledge does the average employee has in terms of decision making Plans for business process and implementation 7/1/17 The proper and effectively business plan and implementation 11/1/17 13/1/17 Employee works in a happy atmosphere and the productivity will more and growth of the company 2.1 Match resources efficiently to the research question or hypothesis I focused on the effects and implications of the conceptualisation and operationalization of organization culture and formulation of the research problem of a grounded theory study. The research formulation implications discussed above are the research design considerations that I reflect on analysing the present and future Business plan, internal relationship of staff, decision making, business process plan and implementation. I used methodology of direct survey questionnaire as a main instrument, observation ad interviews. Each of these methods were unique and useful in their own way. By the end of the research, the results from one method were more useful than from the other, and some of these methods did not even work 2.2 Undertake the proposed research investigation in accordance with the agreed specification and procedures Data Collection and Analysis I use observation, documentation review, surveying and questionnaire method of data collection which I believed effective and the research was conducted by means of a direct survey. Questionnaire was the instrument of data collection which consists of 20 to 25 questions with a mixture of Likert-scale and closed-ended questions with one answer was developed. A five-point Likert scale was employed to gather responses, 5 indicating maximum agreement and 1 no agreement. The survey was sample-based. Non-random sampling was applied and advantages and disadvantages specific to this method of sampling were considered. A small group of those surveyed does not authorize to make generalizations, but allows the identification of the specific mechanisms and formulation of questions and conclusions. Tested on a larger sample, they will make it possible to formulate more documented and certain, useful theses on a larger scale. Analysis method I used here is predictive analytics and machine learning to anticipate important events and continuous tuning of analytic platform using feedback. Advantages I could see see directly what people is relying on rather than what they say they do. With Questionnaire method covered large geographical area. Capable of collecting data from a large number of respondents I found to ask numerous questions about a subject, giving extensive flexibility in data analysis With survey software, advanced statistical techniques can be utilized to analyze survey data to determine validity, reliability, and statistical significance, including the ability to analyze multiple variables A broad range of data was collected (e.g., attitudes, opinions, beliefs, values, behavior, factual). Disadvantages The challenges I faced in data collection methods are, its much time consuming, information is often incomplete, couldnt get a proper and careful feedback as the wordings biasing the responses. Also I felt couldnt get the full story and surveys are in need of sampling expert. 2.3 Record and collate relevant data where appropriate. I used questionnaire surveys and semi-structured interview schedules, gathering of observational data and analysis of documentary data method because of the limited number of senior staff, it may not be possible to conduct pilot semi-structured interviews with them, as this will preclude them from the final data collection. According to the model based on the basic underlying assumptions the description of the current culture was made. The questionnaire was used because of its advantages (little time required and low costs) and because the team wanted to get a general impression of the mood in the company as quickly as possible. The questionnaires were distributed personally by the heads of the departments, and a very good return ratio from approximately 40% was reached. In 2011 BP a 10-point plan had been put forward that outlined what could be expected from BP over the next three years. During 2012 work had been done towards the milestones that had set out for 2014. Their plans are refined and communicated further information on our longer-term strategic objectives beyond 2014(BP.com, 2012). Bp has been identified as an organization that adopts differentiation strategy over the years due to the proper utilization of the companys competences or capabilities. It has different brands such as BP, Ampm, Arco, Castrol, Aral and Wild bean cafe (www.bp.com), and also diversification into development and production of alternative sources of energy(BP.com, 2011). With the collected relevant data I found if BP wants a safety culture, it must implement massive changes throughout every aspect in their organization that are guided by that safety focus. More than re-structuring or changing incentives and rewards it must do more because, so many problems are due to a focus on profits over safety? Repeatedly, a focus on growth at the expense of safety or quality leads companies on a dangerous path that affects human lives. The causes are described as systemic issues. Examples include: Flaws in BPs management and design procedures Failures to appreciate risks Lack of communication and training about lessons learned from prior problems Government regulators lacking the authority, necessary resources and technical expertise Using time-saving and cost-saving measures When major quality or safety issues are exposed to the public, by either a disaster or a recall, the changes in the culture are often systemic-its not an isolated error but a change in values. The changes must start at the heart of the culture at its core, where employees stop for a moment to reflect on the values that are important and together create a shared view. If safety is whats valued over profits, then employees should not be over-worked, and faulty equipment and poor maintenance should not be allowed. Employees should be hired not only for competency but also because they personally value safety. It should be the role of each employee to enhance the safety culture. Administration of the questionnaire and analysis of questionnaire data are done to provide material for the interviews and interviews are conducted concurrently. Numerical data were analyzed, which was also enabled the responses from sub-groups of the organization which was separated for analysis. Qualitative data was analyzed using protocols of content analysis. TASK 3: Be able to evaluate the research outcomes 3.1 Use appropriate research evaluation techniques For the study conducted, there was a requirement of the resources which would assist to identify key constituents that have been undertaken for the purpose. In order to achieve this target, the focus of the study was on the various types of strategies of management that undertaken by British Petroleum. The British Petroleum operates worldwide and in diverse population. For example, the European market, people can be divided into various sub-cultures and consumer behavior is also different (Ford Jeffrey, 2009, 105). The outcome of the research shows the true analysis of BPs organisational plan, leadership, staff relationships and organizational decision making of sources of internal information collection and organising the duration of data project and sources of usage of collected data for business process implementation and development. The research finding has a valid and reliable data to achieve the aim and objectives of the research. Depending on factors like the goals of the data collection project, the organizations size, resources and time, data may be gathered about many sub-sets within a broader group of interest (e.g. youth service users who cannot read and who speak English as a second language). According to Dr. Mustafa Ozkan Karatay (2013) the benefits of the research conducted includes data collection about a group of interest that shares characteristics and the Leadership enhancements that are essential to avert comparable occurrences in BP which consist of: A solo overall project leader. Clear communications to every individual functioning on the project. Greater safety trainings linking past experiences and crisis analysis. 4.Hiring employees with the essential skills to complete tasks competently and securely It is also important to recognize that based on their unique combination of identities, people exposed to particular forms of discrimination. Bp has under gone major restructuring under the new management of the new CEO Robert Dudley, Dudley said that BP was to re-structure its upstream segment from a single business into three separate functional divisions; exploration, development and production, which would carryout a detailed review of how the group managed third-party contractors in order to reinforce accountability for risk management. The company is doing this because of the findings of an internal report; it stated that the breakdown in communication was one of the contributing factors to the BP disaster. 3.2 Interpret and analyse the results in terms of the original research specification. The following chart represents the BPs Organisational structure from the top level management from where different business models are distributed throughout the different geographical area in the globe. Organization Structure The political influences made a notable difference in BPs strategy which has been changed in general possible to observe two main tendencies. First, BP attempts to hedge political risks in the oil producing countries by means of partnership and deals with the governments. For instance, BP signed a contract with the Russian state-run oil company. It is reported that the company started producing solar panels after the acquisitions of Lucas Energy Systems (1980) and Amoco (1998)(Saud M. Al-Fattah, 2013). Furthermore, it is reported that BP invested more than $6 billion in wind and bio-fuel energy projects during the period from 2005 to 2010 (BP.com, 2011) BP also runs a series of development programmes notably known as Managing Essentials to help managers apply the leadership framework in their own teams. I t also runs three specialist development programmes designed to build excellence in the 3 important functional areas of operations, finance and human resources. The Operations Academy, set up in partnership with MIT, provides BPs senior managers with a systematic and rigorous approach to managing safe and efficient operations. The overall statistics of British Petroleums business and turnover is found below. Countries of operation :Over 80 Number of employees :85,900 Sales and other operating revenues :$375,765 million Cash flow :$20.5 billion Replacement cost profit :$11.4 billion Proved reserves :17,000 million barrels of oil equivalent Retail sites :20,700 Refineries (wholly or partly owned) :15 Refining throughputs :2,354 thousand barrels per day Detailed and structured questionnaire was designed where the survey was undergone with a sample of 50 employees in BP. The methodology developed was Primary and Secondary research. The questionnaire was designed to get information from staffs about their satisfaction and overall opinion about organizations and its structure. Some sample of the questionnaire is showcased below. Here most of them gave multi answers for questions. In what way are individual positions, units and so on clustered within your organization unit? a) By Function c) By product e) By place b) By target group d) By service f) By project The graph shows the way how individuals position is clustered within the organization. It shows like it depends mostly on the project individual involved with and the service given by them along with the target group. 2. Is the content of job changed for the employees during last two years? a) Work autonomy c) Co-operation with management b) Specialization d) Multi-tasking e)Weight upon technical qualifications According to the answers of staffs the above graph shows that the content of the job has been changed in past two years with the cooperation with management and also for the individuals who do multi tasking. 3. Does your company use any of the following ways of organizing work? a) Quality circles / groups   b) Delegation of responsibility c)Planned job rotation d) As per resource availability e) Integration of functions f)Specialization g) Incentives based upon quality of results It shows that the company is preferably using the quality circles as more than 50% answered such for organizing the work and 40% said that the incentives are based upon the quality of results they obtain. 4. How the Knowledge management has been benefiting your company Contemporary technologies processes b) Efficient management of information c) Increasing customer satisfaction d) Fosters innovation e) Increasing productivity It clearly shows with the above graph that the most of them answered(80%) as the company use knowledge management which increases the customer satisfaction and 60% answered as efficient management of information. Upto 40% answered that contemporary technologies and processes and increase in productivity. 5. How much freedom of action has, in your opinion, an executive within the organization to vary his leadership with regard to directing and collaboration? a)None c)Complete e)Much b)Little d)Not much For the question arised about the freedom of action for an executive within organization to vary his leadership most(80%)of them answered as complete freedom has been given and very less percentage(5%) said as no. So it shows a positive sign for employees to execute their ideas and work in a hassle free environment. 6. People here try to make friends and to keep their relationships strong. Low Medium High LOW MEDIUM HIGH 2 3 45 4% 6% 90% The above graph shows that 90% of the people say, they make friends and to keep their relationships strong. 7. People here do favours for others because they like one anther Low Medium High Low Medium High 4 4 42 8% 8% 84% The above graph shows that 84% of the people say, they do favours for others because they like one anther. 8. People in our group often socialize outside the office Low Medium High Low Medium High 8 3 39 16% 6% 78% The above graph shows that 78% of the people say, they often socialize outside the office 9. When people leave your group, stay in touch one another Low Medium High Low Medium High 7 6 37 14% 12% 74% The above graph shows that 74% of the people say, they stay in touch one another when they leave their group. 10. People here often confide in one another about personal matters Low Medium High Low Medium High 1 3 46 2% 6% 92% 3.3 Make recommendations and justify areas for further consideration. BP Companys project, is a significant step toward the growth of the company, but the Chief Executive officer should ensure that the established Centralized Developments organization enhance the integrity in the project implementation process. While considering their present, future business plan and implementations they should establish a body of expertise in greenhouse gases in order to reduce emissions that may hinder the attainment of the project goal. The other recommendation I am keen to insist is that BP should invest much on renewable energy sources like wind power, solar panel and bio-fuels which is because they present little or fewer risks on people health and environment. There is also a need for the BP Company to consider reorganize its 4 Ps of marketing viz. product, price, promotion and placement so as to secure a competitive advantage over the other six competitors in the industry. BPs weaknesses led it to engage in excessive cost-cutting and to take disproportionate risks with respect to the environment, worker safety, national security and its own profitability. I analysed also about BPs problematic ethics which despite being hailed by the financial media for its corporate citizenship, its rhetoric and deeds about social and environmental responsibility were diametrically opposed. Furthermore I recommend that the company should increase expenditures on infrastructure maintenance and employee safety. It should also conduct employee training. It is recommended that BP should use the diversification strategy as a future strategic option in order to continue responding to the environmental challenges. The company should diversify its product range associated with the production of solar and wind energy for individual and corporate customers. It is expected that these products will be popular in the emerging markets such as India and China where incomes are not high, but

Different behavioral pattern Essay

People from different countries have different behavioral pattern, depending upon their culture, values and ethics. They develop their mannerism from these factors. If we take into account Americans, Japanese, and Saudi Arabian and try and find out how they behave on one particular way, specially when making contact with each other while talking. We can make out amongst them who are who. An American will try and make himself stand at distance he will try to adjust himself at a comfortable position from the person he is talking to at the same time he will try and maintain eye contact. A Japanese may shake hand and stand very close while talking but he usually keep his gaze down, unlike American where his habit of constantly gazing will make you feel as you are been screened. An Arab will like to be at a very close distance from the person he is talking to, may be as close as you can feel his breath, they also like lot of check-to-check social kissing, the Hollywood style. The body language do half the talking, we all know that. But for that, we have to understand cross-cultural differences, like the one stated above in which how the people from three different countries are behaving in a different manner. If we do not understand that then we might make the people we are talking to feel uncomfortable. As an American can make a Japanese uncomfortable with his continuous gaze, and similarly Arab can make American uncomfortable with his closeness. In some South American and Mediterranean societies eye contact, touching and smiling and standing at a foot distance is preferred style of communication where on the other hand in Northern Europe, a lingering gaze may feel invasive, manipulative or disgraceful, they chat at a distance of two and a half feet. If we look at Estonians, they are non-contact people. On the other hand, Russians are high contact people. So the reaction for each other is like, Russian feels Estonians are cold and Estonians feels Russians are pushy. Caucasians feels averting eye contact may be a gesture to hide misbehavior, where for Asian it’s a sign of respect. An American will suspect an unknown person who took a elevator with him and tries to smile and stand at a very close distance, where usually he would have taken another corner and gazed in space. Thus a very suspicious feeling for such person will arise. It is mostly seen this kind of behaviour from a criminal or from the patients of schizophrenia where he approaches and get closer to the other person more than usual. Be very sure the closer you let your stranger to be the more vulnerable you become. The spatial differences amongst cultures points more than self-protection. In Middle East people get the information about the strangers by their sense of smell and touch, which requires close approach. Americans, rely on visual information, therefore, they don’t need to be so close to the subject. They rather step back and see an intelligent whole picture of the person. Conversational distance tell us the about the standard greeting distance in each culture. The need for more or less space means something of the cultural temperament. There is gender difference also other than country difference. A woman seems to have more eye contact than men. Also a woman feel neglected if this conversational distance is too much. They feel that the partner is indifferent. With the businesses growing global a need for a new breed of consultants has immerged, who interpret to these globe-trotters of all nationalities the meaning and use of personal space. There are special classes also for this kind of cultural behaviour, which will be a great help to understand each other.

Franz Kafkas The Judgment Summary

Franz Kafka’s â€Å"The Judgment† is the tale of a quiet young man caught in an outrageous situation. The story starts off by following its main character, Georg Bendemann, as he deals with a series of day-to-day concerns: his upcoming marriage, his family’s business affairs, his long-distance correspondence with an old friend, and, perhaps most importantly, his relationship with his aged father. Although Kafka’s third-person narration maps out the circumstances of Georg’s life with considerable detail, â€Å"The Judgment† is not really a sprawling work of fiction. All the main events of the story occur on a â€Å"Sunday morning in the height of spring† (p.49). And, until the very end, all the main events of the story take place in the small, gloomy house that Georg shares with his father. But as the story progresses, Georg’s life takes a bizarre turn. For much of â€Å"The Judgment†, Georg’s father is depicted as a weak, helpless man—a shadow, it seems, of the imposing businessman he once was. Yet this father transforms into a figure of enormous knowledge and power. He springs up in fury when Georg is tucking him into bed, viciously mocks Georg’s friendships and upcoming marriage, and ends by condemning his son to â€Å"death by drowning†. Georg flees the scene. And instead of thinking over or rebelling against what he has seen, he rushes to a nearby bridge, swings over the railing, and carries out his father’s wish: â€Å"With weakening grip he was still holding on when he spied between the railings a motor-bus coming which would easily cover the noise of his fall, called in a low voice: ‘Dear parents, I have always loved you, all the same,’ and let himself drop† (p. 63). Kafka’s Writing Methods As Kafka states in his diary for 1912, â€Å"this story, ‘The Judgment’, I wrote in one sitting of the 22nd-23rd, from ten o’clock to six o’clock in the morning. I was hardly able to pull my legs out from under the desk, they had got so stiff from sitting. The fearful strain and joy, how the story developed before me as if I were advancing over water†¦Ã¢â‚¬  This method of rapid, continuous, one-shot composition wasn’t simply Kafka’s method for â€Å"The Judgment†. It was his ideal method of writing fiction. In the same diary entry, Kafka declares that â€Å"only in this way can writing be done, only with such coherence, with such a complete opening out of the body and soul.† Of all his stories, â€Å"The Judgment† was apparently the one that pleased Kafka the most. The writing method that he used for this bleak tale became one of the standards that he used to judge his other pieces of fiction. In a 1914 diary entry, Kafka recorded his â€Å"great antipathy to The Metamorphosis. Unreadable ending. Imperfect almost to its very marrow. It would have turned out very much better if I had not been interrupted at the time by the business trip.† The Metamorphosis was one of Kafka’s better-known stories during his lifetime, and it is almost without a doubt his best-known story today. Yet for Kafka, it represented an unfortunate departure from the method of highly-focused composition and unbroken emotional investment exemplified by â€Å"The Judgment.† Kafka’s Own Father Kafka’s relationship with his father was quite uneasy. Hermann Kafka was a well-off businessman, and a figure who inspired a mixture of intimidation, anxiety, and grudging respect in his sensitive son Franz. In his â€Å"Letter to My Father†, Kafka acknowledges his father’s â€Å"dislike of my writing and all that, unknown to you, was connected with it.† But as depicted in this famous (and unsent) letter, Hermann Kafka is also canny and manipulative. He is fearsome, but not outwardly brutal. In the younger Kafka’s words, â€Å"I might go on to describe further orbits of your influence and of struggle against it, but there I would be entering uncertain ground and would have to construct things, and apart from that, the further you are at a remove from your business and your family the pleasanter you have always become, easier to get on with, better mannered, more considerate, and more sympathetic (I mean outwardly too), in exactly the same way as for instance an autocrat, when he happen to be outside the frontiers of his own country, has no reason to go on being tyrannical and is able to associate good-humoredly with even the lowest of the low.† Revolutionary Russia Throughout â€Å"The Judgment†, Georg mulls over his correspondence with a friend â€Å"who had actually run away to  Russia some years before, being dissatisfied with his prospects at home† (49). Georg even reminds his father of this friend’s â€Å"incredible stories of the Russian Revolution. For instance, when he was on a business trip in Kiev and ran into a riot, and saw a priest on a balcony who cut a broad cross in blood on the palm of his hand and held the hand up and appealed to the mob† (58). Kafka may be referring to the Russian Revolution of 1905. In fact, one of the leaders of this Revolution was a priest named Gregory Gapon, who organized a peaceful march outside the Winter Palace in  St. Petersburg. Nonetheless, it would be wrong to assume that Kafka wants to provide a historically accurate picture of early 20th-century Russia. In â€Å"The Judgment†, Russia is a perilously exotic place. It is a stretch of the world that Georg and his father have never seen and perhaps doesnt understand, and somewhere that Kafka, consequently, would have little reason to describe in documentary detail. (As an author, Kafka was not averse to simultaneously talking about foreign locations and keeping them at a distance. After all, he began composing the novel Amerika without having visited the United States.) Yet Kafka was well versed in certain Russian authors, particularly Dostoevsky. From reading Russian literature, he may have gleaned the stark, unsettling, imaginary visions of Russia that crop up in â€Å"The Judgment.† Consider, for instance, Georg’s speculations about his friend: â€Å"Lost in the vastness of Russia he saw him. At the door of an empty, plundered warehouse he saw him. Among the wreckage of his showcases, the slashed remnants of his wares, the falling gas brackets, he was just standing up. Why, why did he have to go so far away!† (p. 59). Money, Business, and Power Matters of trade and finance initially draw Georg and his father together—only to become a subject of discord and contention later in â€Å"The Judgment†. Early on, Georg tells his father that â€Å"I can’t do without you in the business, you know that very well† (56). Though they are bound together by the family firm, Georg does seem to hold most of the power. He sees his father as an â€Å"old man† who—if he didn’t have a kind or pitying son—â€Å"would go on living alone in the old house† (58). But when Georg’s father finds his voice late in the story, he ridicules his son’s business activities. Now, instead of submitting to Georg’s favors, he gleefully reproaches Georg for â€Å"strutting through the world, finishing off deals I had prepared for him, bursting with triumphant glee and stealing away from his father with the closed face of a respectable business man!† (61). Unreliable Information, and Complex Reactions Late in â€Å"The Judgment,† some of Georg’s most basic assumptions are rapidly overturned. Georg’s father goes from seeming physically depleted to making outlandish, even violent physical gestures. Georg’s father reveals that his knowledge of the Russian friend is much, much deeper than Georg had ever imagined. As the father triumphantly states the case to Georg, â€Å"he knows everything a hundred times better than you do yourself, in his left hand he crumples your letters unopened while in his right hand he holds up my letters to read through!† (62). Georg reacts to this news—and many of the father’s other pronouncements—without any doubt or questioning. Yet the situation should not be so straightforward for Kafka’s reader. When Georg and his father are in the midst of their conflict, Georg seldom seems to think over what he is hearing in any detail. However, the events of â€Å"The Judgment† are so strange and so sudden that, at times, it seems Kafka is inviting us to do the difficult analytic and interpretive work that Georg himself seldom performs. Georg’s father may be exaggerating, or lying. Or maybe Kafka has created a story that is more like a dream than a depiction of reality—a story where the most twisted, overblown, unthinking reactions make a kind of hidden, perfect sense. Discussion Questions Does â€Å"The Judgment† strike you as a story that was written in one impassioned sitting? Are there any times when it doesn’t follow Kaka’s standards of â€Å"coherence† and â€Å"opening out†Ã¢â‚¬â€times when Kafka’s writing is reserved or puzzling, for instance?Who or what, from the real world, is Kafka criticizing in â€Å"The Judgment†? His father? Family values? Capitalism? Himself? Or do you read â€Å"The Judgment† as a story that, instead of aiming at a specific satiric target, simply aims to shock and entertain its readers?How would you sum up the way Georg feels about his father? The way his father feels about him? Are there any facts you don’t know, but that could change your views on this question if you did know them?Did you find â€Å"The Judgment† mostly disturbing or mostly humorous? Are there any times when Kafka manages to be disturbing and humorous at the same moment? Source Kafka, Franz. The Metamorphosis, In The Penal Colony, and Other Stories. Paperback, Touchstone, 1714.

Malaysian Company Law - Free Essay Example

Sample details Pages: 8 Words: 2468 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Topics: Act Essay Did you like this example? Initially, when a company is in the condition of winding up, section 176 and 177[1] would be helpful to overcome the financial difficulties that have been faced by the company. In another words, section 176 and 177 of the Companies Act 1965 will protect the company from liquidation. Therefore, certain rules and procedures need to comply with inorder to protect the company from the debts incurred. Don’t waste time! Our writers will create an original "Malaysian Company Law" essay for you Create order According to section 176(1) of the Act[2], where an application to the court should be made and the order should be granted for the arrangement of meeting that will be held between members and creditors. Meanwhile, the order to convene an arrangement of meeting also could be done by originating summons according to Rules of Court 2012[3]. It was enunciated in the case of Re Kuala Lumpur Industries Ltd[4] where, there is a requirement for the court to be satisfied whether there is or there would be a bona fide according to the application that has been made under section 176(1) of the Companies Act 1965. Furthermore, it is also not necessary that the proposal should originate from the company to the members and the creditors of the company since the proposal could originate from anybody. In furtherance of making an application under section 176 of the Companies Act 1965, it should be applied by the way of inter parte. It has been illustrated in the case of Re Foursea Construction ( M) SdnBhd[5], that the ex parte will not be allowed and inter parte should take place. The purpose of inter parte is to avoid injustice that could be occurred towards the creditors of the company. Meanwhile, ex parte will only takes place when there is an exceptional rivalry occurs. For instance, in the case of PECD BhdAnor v Merino Odd SdnBhdOrs[6], the ex parte application had been filed by the parties and inorder to make an ex parte application, the parties have the responsibility to disclose all the materials to the court. But, in the above case, the parties had failed to disclose the relevant subject matter to the court. Thus, the court had to set aside the application. As a general rule, ex parte application will not be allowed, however, the court has the discretion to approve the ex parte application if the parties comply with the requirements where there should be à ¢Ã¢â€š ¬Ã…“frank and fairà ¢Ã¢â€š ¬Ã‚  disclose of the materials to the court. Apart from that, the co urt also will grant an order to convene a meeting between the company, members and the creditors that has been stated under section 176(1) of the Companies Act 1965. Based on the case of Re Price Mitchell Pte Ltd[7], the court has come into a conclusion that the issue on public policy, commercial morality and the interest of creditors need to take into consideration. It was explained in the case of Sri Hartamas Development SdnBhd v MBF Finance Bhd[8], that the creditors meeting to be convened was set aside since the interests of the unsecured creditors were not properly safeguarded and company was also wind up which is again the public policy if the scheme is approved. Meanwhilethe case of Re Buildmart (Australia) Ltd[9], also adopted the same principle taht has been stated in the case of Sri Hartamas Development Sdn Bhd. This is where, the Supreme Court of the New South Wales need to take into on account regarding the interests of the creditors and the commercial morality. The cour t strictly held that, it will not allow the creditors meeting as it is amount to encourage the public to involve in the commercial activities in a company which has been insolvent. However, on the other hand, if the order to convene the meeting had been ordered by the court, the explanatory statement should be sent to the directors and the debentures of the company with the notice of summoning according to the Companies Act 1965[10]. The directors of the company also should be provided with all the appropriate information. For a better illustration, in the case of Re Rankin and Blackmore[11], the court held that, the explanatory statements should contain the explanation about the scheme. Besides that, in the case of Re Dorman Long Co Ltd[12], the court came into the conclusion that, the members of the meeting should be guided with all the appropriate information in order for them to vote. According to section 176(3) of the Companies Act 1965, the schemes meeting that have ord ered by the court should be agreed by the  ¾ of the creditors that has been attended. Therefore, the scheme or the arrangement that has been proposed by the company will be binding if majority of  ¾ creditors and the members attended the meeting. In addition the court may grant its approval if it thinks the conditions are fit it was stated in the section of 176(4)[13]. Once the proposal had been approved by the court, the scheme or the arrangement is binding on the members of the company, company, creditors of the company and the liquidator of the company. In addition,after the approvalhas been given by the court, all the terms and conditions of the arrangement or the compromise should be followed. It was well explained in the case of Nite Beauty Industries SdnBhd v Bayer (M) SdnBhd[14],that the approval that has been granted for the scheme of the arrangement by the court cannot be reopen or challenged as it is known as the final decision of the court. Furthermore, in order f or the section 173(3) of the Companies Act 1965, to be effective, a copy of the order given by the court should be lodged to the Registrar[15] and after the order has been lodged by the Registrar, thenit is effective according to the law. After the lodgement of the order, it is also should be included in all the memorandum of the company that has been enunciated under section 176 of the Companies Act 1965[16]. Apart from that, according to section 176(7) of the Act[17], the court also can grant a stating that, it can exempt the company from following the requirements and also may ascertain the period of time in order for the company to comply with. Besides that, if any scheme or the arrangement has been made even though it is not related to the reconstruction of the company, the directors of the company has a duty to inform their advocates and accountants of the company to report and forward the respective reports to the directors of the company. The accountants and the advocates al so need to keep a copy in the registered office of the company so that, the shareholders and the creditors of the company could inspect it before the meeting[18]. Finally, if the company and the respective officer of the company fails to comply with section 176(6) and 176(8) of the Companies Act 1965 will guilty of an offence where they will liable two thousand ringgit. The company will face consequences when company default in complying section 176 (6) or (8) shall be guilty of an offence against this Act, the penalty is two thousand ringgit. An application can be made to the court to restrain the proceedings when a scheme or an arrangement is proposed for the courts consideration under section 176(1) or section 176(3). According to the section 176 (10) of the Companies Act 1965 application to restrain the proceedings must be made before an order has been made or any resolution passed for the winding up of the company. According to the case of In Re Kuala Lumpur Industries Bh d[19]the court only consider whether it had jurisdiction to entertain an application pursuant to section 176 (10) although no application had been made under section 176 (1) to summon a meeting of creditors. The court held that the policy of section 176 was not that the section 176 (10) application had to be tried to the section 176(1) application. It was the view courts view that both applications may be brought independently. The time period of the court that can grant restraining order under subsection (10) is not more than ninety days or longer period if court thinks there is reasonable ground to allow. Section 176(10A) stated about the condition that applied to the applicant that can get longer period.It is clearly stated in the case of Pelangi Airways SdnBhd v MayBank Trustees Bhd[20] where the plaintiff company proposed a scheme to restructure the rights of its creditors. The company had obtained a restraining order by which it acquired immunity from further proceedings fo r one year. Maybank Trustees Bhd applied to have that restraining order set aside on the basis that the company had not complied with section 176 (10A)(c). The court upheld Maybanks application to set aside the restraining order. There are four condition where first was proposal for a scheme of compromise or arrangement between company and its creditors or any class of creditors representing at least one-half in value of all creditors. Second condition is restraining order must get the approval of the creditors or members. Third condition is statement in prescribed form as to the affairs of the company must be made not more than three days before the application is lodged. Last condition is the approved person that nominated by the creditors in the application will act as a director if that person is not already a director that appointed before. The director that appointed by court under subsection (10A) have right of access at all reasonable time to the accountinganother records of the company it is clearly state in the subsection (10B). In the case of MetroplexBhdOrs v Morgan Stanley Emerging Markets IncOrs; Rhb Sakura Merchant Bankers BhdOrs (Interveners)[21]fact of the case is the applicant after 25 months from the date of the restraining order, were still at initial stages of attempting to achieve a feasible scheme of compromise or arrangement between the company and its creditors; much less than 50 % (being only 21%) in value of the applicants scheme creditors has agreed to the proposed scheme; the draft scheme presented did not contain sufficient particulars for the scheme creditors to consider its viability, for instance, no valuable information on Putra Place which was a key asset of the applicant had been provided to the scheme creditors, thus evincing unreasonable delay on the part of the applicant; the applicants had sought an extension of three months to bring the proposed scheme of arrangement to fruition although it is improbable that appr ovals from the relevant authorities could be forthcoming in three months and the applicants had not factored into the schedule for convening a meeting, the requirement for seeking such approvals from the relevant authorities. Thus the court could only conclude that the applicants did not appear to have a genuine proposed scheme. Court held that section 176 (10A) of the act not only provides that a restraining order may only be granted if there was a proposal for scheme of compromise which involved creditors representing at least one- half in value of all the creditors, but it also stipulates that a restraining order may only be extended for a longer period if and only if there is a good reason to do so. The word good reason had been construed by the court to mean: (i) a bona fide scheme of arrangement had been presented with sufficient details provided to enable the creditors to make informed decisions as to its feasibility and merits, (ii) the scheme of arrangement presented mus t not be such it was bound to fail and (iii) the interest of creditors which were the beneficiaries of the proposed arrangement was safeguarded. The existence of a good reason ought to be predicated upon the applicant bona fide conduct towards achieving a feasible detailed scheme of arrangement for presentation to the general body of creditors[22]. In the case of Re Kai PengBerhad[23] that follow above case, however observation of this case on Section 176 (10A) (a) does not require that 50% of its creditors approve of the proposed scheme of arrangement and that creditors approval was only relevant at the stage of the creditors meeting ordered under section 176(3) of Companies Act not at the stage of asking for an extension of restraining order under section 176(10A). All the applicant needed to show was that 50% of all its creditors. It is doubted whether it is a correct statement of the law. The court held further citing Re Sanda Industries BhdOrs[24] that under Section 176(1 0A)(d) of the act, it is for the court to approve the person nominated by the majority of the creditors to act as a director. Where a person is nominated, no restraining order may be granted if the court does not approve or appoint him to act as a director. So, if for whatever reason, no person is nominated by the creditors, there can be no one to approve or appoint, no one then is approved or appointed, and no restraining order may be granted. According to the section 176 (10C) of companies act 1965 any disposition of the property other than those made in ordinary course of business made after the restraining order shall be void unless the court otherwise order. Where the company will liable under section (10D) where company shall guilty of offence and the penalty is imprisonment for five years or one million ringgit or both. In the other hand when a company and every officer default in complying to lodge an office copy of the order with the registrar and publish a notice of the order in a daily newspaper circulating generally throughout Malaysia shall be guilty of the offence under the section (10E) and the penalty is one hundred thousand ringgit. The order of restraining procedure will not affect any person other than the company. Any person is includes guarantor of the company[25]. [1]176 and 177 of the Companies Act 1965 [2]176(1) of the Companies Act 1965 [3] Order 88 r 2 of the Rules of Court 2012 [4]Re Kuala Lumpur Industries Ltd [1990] 2 MLJ 180 [5] Re Foursea Construction (M) SdnBhd[1998] 4 MLJ 99 [6]PECD BhdAnor v Merino à ¢Ã¢â€š ¬Ã¢â‚¬Å" Odd SdnBhdOrs[2009] MLJU 671 [7] Re Prince Mitchell Pte Ltd (1984) ACLC 524 [8]Hartamas Development SdnBhd v MBF Finance Bhd [1990] 2 MLJ 31 [9]Re Buildmart (Australia) Ltd (1983) 1 ACLC 919 [10]177(1)(a) of the Companies Act 1965 [11]Re Rankin and Blackmore (1950) SC 218 [12]Re Dorman Long Co Ltd(1934)Ch 653 [13]176(4) of the Companies Act 1965 [14]Nite Beauty Industries SdnBhd v Bayer (M) SdnBhd[2000] 3 MLJ 314 [15]176(5) of the Companies Act 1965 [16]176(6) of the Companies Act 1965 [17]176(7) of the Companies Act 1965 [18]176(8)(a) (b) of the Companies Act 1965 [19]In Re Kuala Lumpur Industries Bhd(1990) 2 MLJ 180 [20]Pelangi Airways SdnBhd v May bank T rustees Bhd (2001) 2 MLJ 237 [21]MetroplexBhdOrs v Morgan Stanley Emerging Markets Incors; Rhb Sakura Merchant Bankers BhdOrs (Interveners) (2005) 6 MLJ 487 [22]Section 176 of Companies Act , Civil Procedure Bench Book,(2009)https://www.kehakiman.gov.my/sites/default/files/document3/Buku Panduan/Bench Book 5.1.10 (2) 20Sivil (Latest)/Bench Book 5.1.10/14. SECTION 176 COMPANIES ACT.pdf (view on 20/12/2014) [23]Re Kai PengBerhad (2007) 8 MLJ 122 [24]Re Sanda Industries BhdOrs (1999) 1 AMR 892 [25]Section 176 (10F) (10G) Companies Act 1965 (Act 125)