In respect of a Director of a UK authorised service company and their Essay

In respect of a Director of a UK authorised service company and their obligations under FSMA 2000, the Criminal justice act and - Essay Example the proliferation of statutes that essentially deal with the same problem there is a perception that each statute must necessarily be introducing a different aspect of the law. It makes sense that insider dealing should be simplified and included in one statute that could cover each of the behaviours that the government seeks to prevent and monitor. This research study demonstrates how the law relative to insider dealing can be simplified by simply placing it in one statute. By taking this approach directors can more easily inform themselves of the prohibitive conduct and have more certainty as to what amounts to insider dealing and what the consequences of insider dealer are. In this research study is divided into two main parts. The first part of the paper defines insider dealing and analyses the statutory provisions defining insider dealing. The second part of the paper analyses how and why insider dealing laws should be simplified. Insider Dealing Definition Dealing refers to act ivities in which an individual obtains: Or disposes of the securities himself, whether for himself or as the agent of some other person, or procures an acquisition or a disposal of the securities by someone else.5 Information in the context of inside dealing refers to inside information associated with â€Å"the securities themselves or to the state of the company† issuing the relevant securities.6 Grier defines insider dealing as gainful use of â€Å"secret information† related to investments that are traded in the open market by â€Å"those who are privy to that information and should not be taking advantage† of that information and knowledge.7 These definitions take account of the fact that insiders have sensitive market information that can significantly influence buying and purchasing behaviour and investment trends generally. An insider with this kind of information can exploit this knowledge for purposes that can either harm the company or the market for self-gain.8 It is entirely understandable that insider dealing laws are promulgated to safeguard against market abuses that constitute insider dealing. Statutory Definitions and Regulations of Insider Dealing The Criminal Justice Act 1993 which implements the EU Directive on insider dealing creates two offences of insider dealing.9 The offence of insider dealing occurs when an â€Å"individual has information as an insider in circumstances mentioned in subsection (3)† and â€Å"deals in securities that are price-affected securities in relation to that information.†10 Subsection (3) provides: The circumstances referred to above are that the acquisition or disposal in question occurs on a regulated market, or that the person dealing relies on a professional intermediary or is himself a

Ethics in Finance Essay Example | Topics and Well Written Essays - 2000 words

Ethics in Finance - Essay Example This paper will evaluate the various ethics theories and analyze how they can be used to solve the ethical dilemma. Utilitarianism Utilitarianism ethics theory holds that the right action is the one giving the ultimate form of satisfaction for every one that is affected (Snoyenbos & James 17). It is notable that utilitarianism is a consequentialist moral theory that seeks to evaluate the outcomes of an action rather than the action itself (Van Staverin 21). According to this theory, the rightness or wrongness of an action is dependent on the general effect that the action has on the people it affects. Suffice to say, utilitarianism holds that an action cannot be judged in isolation to be good or bad. In this regard, an action is right if it produces more intrinsic good than any other action that would have been taken. For instance, utilitarianism could hold that cheating is right if it resulted in the saving of lives of people in danger. Actions are right when they maximize happiness and good for all the affected persons. One of the basic objections of the utilitarianism ethics theory is that the judgment of an act is based on its future outcomes (Singer 41). It is not possible for a person to know the precise consequences of his or her actions in the future. Thus, the utilitarianism ethics theory cannot be applied to justify the morality of present actions since the outcomes have to be evaluated first. However, the counter-argument to this objection is that a person can use the subordinate rules to choose the course of action in a particular situation. If in the particular circumstances greater good would result by discarding the subordinate rules, the utilitarianism ethics theory can be applied to justify an alternative action (Van Staverin 23). In the case study, the manager has to make a decision that would result in greater intrinsic good for all the people affected. Linda has had a good financial history with the bank for the past twenty years. In her twe nties, she was financially prudent and made significant savings. In the recent past, she has been in a financial turmoil culminating in frequent overdrafts and exceeding her credit card limits due to depression. Despite this, she has never defaulted on her repayments although her sister Sophie has had to bail her out twice in the recent past. Linda points out that she took care of their mother, Catherine, when Sophie was setting up her businesses. Catherine has been a faithful customer of the bank for the past fifty years. In fact, her account with the bank has been prudently managed over the years and she managed to save some money for her funeral. Her financial position has changed only in the recent past since she has to cover the costs of accommodating her daughter Linda. Sophie has successfully established herself as a business lady with a growing empire of companies. She has bailed out Linda and Catherine twice but she insists that they have to take charge of their financial i ndependence. She proposes that the bank should cut of off their credit card facility as well as overdrafts. According to utilitarianism ethics theory, it would be appropriate for the manager to keep the credit facilities for both Catherine and Linda. The credit facilities would help Linda to obtain money to fulfill her personal and family needs considering the fact that she was no longer working. Also, the credit facility would help Catherine to pay rent and buy food for herself and Linda’

Health Promotion Assessment Essay Example | Topics and Well Written Essays - 1000 words

Health Promotion Assessment - Essay Example Second would be perceived severity wherein the health practice that is campaigned and promoted are evaluated of the consequences and the threats that may be associated with it. The third dimension is the perceived benefits such that the usefulness and efficiency of the preventive actions in the health promotion is assessed. The barriers that might affect the health promotion are the fifth dimension. The assessment of difficulties and negative consequences of the preventive behaviour at the same time affects the compliance of the community regarding the preventive practice being introduced or implemented to them. Finally, the fifth dimension is the cues to action that triggers the community or the participating group of the society and helps them to decide as to whether comply with the promoted health practice or not. However, health motivation is further added recently to the model. This includes the individual's readiness to be concerned about their health. The HBM provides a strong framework for health promotion programmes, stressing the need to identify a link between an individual's risk behaviour and disease in order to highlight the severity of the disease and to make it relatively easy to engage in behaviour likely to lead to a reduction in risk for that disease. (Bunton & McDonald, 2002) The Social Learning Theory, however states that behaviour is the outcome of an interaction between cognitive processes and environmental events. One of its basic tenets is that behaviour is guided by expected consequences. Thus, having such principles, given that the community or the participating group have obtained good experiences from the promotion, the reinforcement is possible. This may further lead the group to be more engaged in the behaviour encouraged by the health campaign because of the perceived positive experience. On the other hand, negative experiences, the less likely they are reinforced, their behaviours tend to minimize their participation or worse, not to adapt the practice at all. When individuals avoid such punishments by engaging in an alternative form of behaviour, it is termed negative reinforcement. These processes are important mediators of the uptake and maintenance of many health-related behaviours. (Bunton & McDonald, 2002) Health Belief Model The implementation of Health Belief Model (HBM) involving the now six dimensions that are considered significant in the reinforcement of a health campaign or promotion is generally deemed effective. It has a flexible nature that can be applied to a wide range of health behaviours as well as it can address to a large group of population that is the target participant or group of a particular health campaign. Some of the areas that can be best applied with this theoretical model are those that concerns preventive health behaviours including health-promoting behaviours and heath-risk behaviours. Vaccination and the practice of using contraceptives are also included in the preventive health behaviours that can be covered by the HBM. Another health behaviour wherein HBM can be used would be the sick role behaviours that refers to the target participants' compliance to the recommended medical regimens or

Medieval Dance Research Paper Example | Topics and Well Written Essays - 1250 words

Medieval Dance - Research Paper Example Among the most important aspect for which dance is involved include entertainment, celebrations and worship (MacGee, 26). Therefore, Medieval Dance is an important concept of art to study, since it helps in creating an understanding of the ancient history, citing the particular cultural events and functions that were deemed important by the medieval societies. The study of Medieval Dance also helps us to trace the history of the happy moments that man has had, with a special emphasis on how the concept of celebration has changed over time. Another thing that makes this topic interesting is the fact that, dance has influenced other genres of art such as music, because any dance has to be done alongside a musical play, either vocal or instrumental (Highwater, 2). Thus, dance influences how such musical elements are formulated, if they have to suit the context and purpose of any dance. Cultural Context Medieval Dance was not a popular form of art in the middle ages, with paintings and o ther forms of artwork such as illuminations taking center stage (Mullally, 62). Dance was not considered as an important concept of art which could grow and develop to depict any cultural or social relevance. Therefore, dance did not feature any form of special documentation, until in 1450 and the periods after (MacGee, 30). The first formal recording regarding dance started in Italy, before spreading to the rest of Europe, where this form of art eventually gained some cultural significance. Thus, substantial dance recording in literary context did not occur until the renaissance period. Substantive description of dance was first done by an Italian, Giovanni Boccaccio in the 14th century, who presented literary texts with men and women involved in some form of dancing, accompanied by another group of musicians (Highwater, 7). This marked the first description of substantive dance as a form of art. From then on, many other artists and writers were involved in recording dance in liter ary contexts, though varying the form of descriptions that they gave, since they were influenced by their cultural and social contexts. After the first recording of dance and its description, it was adopted as an element of art, and it spread to other parts of Europe. In England, the first form of popular dance, the Carol dance was described in the book, â€Å"In a life of Saint Dunstan,† where a description was given on how Saint Dunstan went into a church and found maidens singing a hymn, while moving in round circles as they danced to the tunes of the hymn (Mullally, 51). This set the stage for more recognition and consideration of dance as a form of art that has a cultural impact on the society. Analysis Medieval Dance occurred majorly in two categories; the court and the country dance. Among these forms of dance, the Carole dance is considered most popular of the earliest dances, which has formed the basis of the present day Christmas carols. This category of dance was d eveloped from the church hymnal presentations, which involved dancing while moving in circle, chains or processions (MacGee, 43). As opposed to other form of dances which can be categorized as either court or country, carol dance fits in the settings of both categories, making it the most popular dance that was

Case Study Analysis Paper Essay Example | Topics and Well Written Essays - 1500 words

Case Study Analysis Paper - Essay Example Doug will be required to conduct a diagnosis of the newly initiated orientation program and the prevailing work environment so that he can identify the problems contributing to the poor employee participation. A diagnosis will help Doug determine whether or not his program or the work environment or both are causing problems relative to participation in new employee orientation program (Jackson et al, 2011). It is only after Doug has conducted a diagnosis of the program and the employee work environment can he effectively construct an action plan (Jackson et al, 2011). Doug must be careful however, to check the results and look for additional information which can identify other â€Å"aspects of the problem† (Kubr & Prokopenko, 1989, p. 67). Doug will have to take into account a large spectrum of variables. As von Hippel (1994) informs, in order to solve a problem, information is needed and problem solving â€Å"capabilities† must be utilized (p.429). In this regard Dou g will be required to process the results of his diagnosis and reevaluate six specific facts of a workable strategy: stated goals; diagnosis of the environment; strategizing; evaluation of the strategy; implementing his strategy; and control of the strategy (Schendel & Hofer, 1979). In strategizing, it will be entirely necessary for Doug to take account of the people that he seeks to set goals and strategies for: new employees. In anticipating and setting strategies for new employees and the work environment, it will be necessary for Doug to take into account pre-employment expectations, experiences following employment and any gaps that might influence new employees’ morale (Sutton & Griffin, 2004). For instance, high expectations prior to entering the workplace may not have been fulfilled and thus employee motivation and morale might be low. Doug’s strategy may have to be reorganized around reaching out to employees as a means of motivating employees rather than mere ly orientation strategies. In other words, a diagnosis of the program and the employee’s environmental conditions might inform Doug that his program does not correspond with the experiences of the new employees. Thus an action plan will have to take these factors into consideration. Doug must take all reasonable steps to ensure that he is responsive to the lack of participation by new employees. If the problem turns out to be a mere scheduling problem he might want to reschedule his program so that it accommodates the schedules of a majority, if not all of his new employees. Scheduling may only be one of the problems that require Doug’s attention. It might also be a problem with the gap between pre-employment expectations and post-employment experiences. A review of the literature informs that there are a number of solutions that Doug may consider and these solutions relate to long-term solutions that are built into the working environment. First and foremost, the idea is to create a culture that transfers motivation and learning throughout the organization by virtue of a socialization and invocation process. This can be accomplished by virtue of building competency within the organization â€Å"among employees and local supervisors† (Forman & Jorgensen, 2001, p. 71). It is also necessary to encourage employee involvement in the planning and execution process relative to tasks and

Research Assignment Example | Topics and Well Written Essays - 500 words - 3

Research - Assignment Example The study involves a population of 656 care workers from 14 nursing homes in Korea (Ha et al., 2014, p. 426). The nursing homes have a capacity of more than 50 elderly residents where the administrators agree to participate in the study (Ha et al., 2014, p.426). The researchers requested the administrators to distribute the questionnaire to their care workers to ensure that the sampling process had the required authorization. The study involves a structured questionnaire survey on the identified population conducted for 14 days (Ha et al., 2014, p. 426). Clearly, the sampling process used in this context manifests simple random sampling method. There are controls on the timeframe, population characteristics, location of the sample, and capacity of the sample units. The nursing homes in Korea define the sampling frame while the 14 nursing homes in Korea with a capacity of more than 50 elderly residents defined the sampling unit (Ha et al., 2014, p. 426). Moreover, the study defines care workers from the 14 nursing homes in Korea as a sampling frame. Having established a list of population elements, the researchers selected a random sample of 504 care workers working at 14 nursing homes who agreed to participate in the study (Ha et al., 2014, p. 426). Apparently, the researchers examine the descriptive statistics of the participants. The researchers conduct the reliability and validity tests for all the structured questions. As required in simple random sampling, the researchers use a computer program, SPSS 12.0 for Windows to conduct statistical analysis on how to conduct random selection of the research subjects (Ha et al., 2014, p. 427). The research subjects include organisational support, high-performance work practices, turnover intention, and organisational commitment (Ha et al., 2014, p. 426). The sampling method used in the study is very effective.

Irish Weddings Essay Example for Free

Irish Weddings Essay Ireland is one country, which is part of the larger United Kingdom (UK). It is a blessed country with numerous greens, which range from the rolling green hills of sheep pasture to the gorgeous gardens as well as ancient castles. Romance is so much embraced by the Irish culture with a lot of passion. The Irish culture allows one to lie in a meadow with his/her love, track down four leaf clovers, or to dance night long to the favorite Irish band. The culture is rich since the Irish is a blend of the old Celtic mythologies and the Christianity brought in by St. Patrick (Haggerty Bridget http://www. irishcultureandcustoms. com/). Therefore in a relationship both backgrounds have a great influence and tradition asks the lovers to be rational and to respect each other as well as their families. The culture demands that Lovers run bare feet through rugged terrain while tumbling in the grass in show of Irish’s love of nature. Irish Church Weddings St. Patrick was an Irish and his most cherished color was blue and until recently the national flag of the Ireland was blue in honor of him. In addition to the love of green, anyone who wishes to do a church wedding must have blue as a theme (Goodwin Audrey, p128). Considering the fact that the Irish are very patient and religious, the names of the bride and bridegroom are first read in church for three consecutive Sundays prior to the wedding day so as to allow the couple to reconsider their decisions as well as also gives others a chance to file an objection for the same. A couple registers in church for marriage three months prior to their wedding day. Irish Claddagh Ring The claddagh ring is very popular among the Irish and was given to the woman by the man as a show of love and faith. (Fielding, p268). This was especially when a man was going away for sometime, either to war or in pursuit for greener pastures to improve their living standards. The ring was worn by the woman to show that she is somebody’s and could be made more personal by using the birthstone of the person to show that it is specifically meant for her. Irish Hand Fasting Before St. Patrick brought Christianity to Ireland, the inhabitants of Ireland believed in paganism and Celtic traditions that was attached with hand fasting. Hand fasting is a form of â€Å"trial marriage† which lasted for a year after which the couple are allowed to decide whether they are compatible to continue or to part ways. Sir Walter Scott as a betrothal day first introduced this day (Fielding, William J. p263). There was no attachments or commitments in hand fasting. Even today hand fasting has been incorporated in marriage ceremonies where the bride and the bridegroom have their hands bound together with ribbons. Irish Wedding Days Of The Week Ladies and gentlemen as you have realized the Irish are very religious and always put God before everything. The days of the week are lanked whereby Saturday is seen as no day. According to their traditions, Weddings cannot be done on Christmas day since it is Jesus birthday nor on Sunday as it is the lords worship day. They argue that the events that occur in wedding ceremonies, which include dancing and partying, are not appropriate during these special days. Some other days of the week like Friday and Saturday are also seen as inappropriate for weddings since the ceremonies can go for 2-3 and can stretch to Sunday. Irish Wedding Months For every situation the Irish have their sayings and concerning wedding months the Irish have the following myths: (Irish church wedding, http://www. romanceclass. com). They believe that the marriage that occurs in the start of the year is loving, kind and true. If one marries during the month of February his/her fate is on the balance but march weddings ends up with both joy and sorrow while those in April bring joy for both the bride and bridegroom. They further believe that to marry in May is a waste of time, To marry in June means that you will be away from each other a lot of time whereas July weddings are linked to struggling so much to make a living. Those marriages in the month of August are associated with many changes in the couple. September weddings on the other hand are linked with both wealth and comfort, whereby love and dynamic riches are for October weddings. In addition, only joy will come in November wedding but deficiency of other things and December is the best month for marriage since they belief that true love will manifest. Irish Love Charms Like the saying goes â€Å"the way to a man’s heart is true the stomach† a woman says the Irish traditional charm as she prepares food for her man. The charm is aimed at bringing the man and the woman closer to each other and makes their love grow each day. The woman longs for everlasting affection from her husband and wishes that her man could give her total attention. Irish traditional songs and lyrics The Irish are known to love songs and dance and this is more pronounced during courtship and marriage ceremonies (Mumphy et al, p126). Locals play flute and drum, fiddle as well as harp while singing helping music, which is full of fun in praise of the bride and bridegrooms. They have a proverb that says â€Å"the most beautiful music of all is the music of what happens† and hence all the music and dance is dedicated to the event of that day. Works cited. Fielding, William J. Strange Customs of Courtship and Marriage. The New Home Library, New York. 2005. P. 263. Goodwin Audrey, Irish-wedding traditions El Cajon, Ca. United States. March 2001 p128. Campbell Georgina, The Best Irish Breads and Baking. Georgina Campbell’s Ireland. 2007. p65 Mumphy, Colin and Donal O’Dea (2006), The Feckin’Book of Everything Irish. NewYork, Barnes and Noble. (2006) p126. irish church wedding accessed online 0n 1st October 2007 http://www. romanceclass. com/weddings/ireland/churcweddingasp. Haggerty Bridget, Irish culture and customs; the humor is on me now. Music for an Irish Wedding reception. jan, 2007. accessed online on 1st October 2007 http://www. irishcultureandcustoms. com/wedding/musicreception. html.