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Homer and Marge Decide to Form a Company Called Duff

Question 7

Multiple Choice

Homer and Marge decide to form a company called Duff Enterprises Pty Ltd (Duff) to undertake a business selling beer. Before the company is registered, Homer enters into a contract on behalf of Duff with Otto Pty Ltd for the purchase of a bus. Which of the following is incorrect:


A) If Duff, or a company reasonably identifiable with it, is never registered, Homer may be liable to Otto Pty Ltd for damages.
B) If Duff was registered, Homer and Marge would both be regarded as promoters of Duff.
C) If Duff was registered and didn't ratify the contract with Otto Pty Ltd, both Homer and Marge would not be liable to Otto Pty Ltd for damages.
D) If Duff was registered, it could ratify the contract by its directors passing a resolution ratifying the contract.
E) If Duff was registered, it could issue partly paid shares providing there was nothing in its constitution limiting the issuance of such shares.

Correct Answer:

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