Tuesday, January 28, 2020
Dust Explosion Is One Of The Major Hazards Engineering Essay
Dust Explosion Is One Of The Major Hazards Engineering Essay Dust explosion must be controlled but means of necessary vent area design, Vessel strength, also following proper operational procedures and maintaining good housekeeping. Here a new bag filling plant and silo for plastic manufacturer is designed. So, as a safety advisor the vent sizing for a silo is presented to vent a dust explosion. Information required for the calculation of the vent sizing are strength of the vessel i.e. silo, explosion properties of the dust, size and shape of the vessel, the static activation pressure that is to open the venting in case of any pressure rise, condition of the dust cloud. If the dust is found to be toxic then venting should not be done if theres immediate harm to the environment. But in some unavoidable circumstances then the venting is done with an endangered area shall be specified. For that safe discharge area must be calculated to vent the dust to the atmosphere. And location of venting is chosen on the top of the silo i.e. vertical venting. This assumption made on the condition that the silo is sited in a congested area. Horizontal venting will cause harm the personnel working in the plant area. Plant Sketch Silo Air to bag filter Pneumatic Conveyor Cyclone Powder Inlet from plant Air Blower Vibrating outlets to bag filling stations Data given, Silo is of cylindrical shape. Diameter = 10m Height = 30m Vent duct length = 15 m Silo Design pressure = 0.25 barg Material stored in silo is plastic power and also includes Methylene dianiline (MDA). Here the dust is tested in and 20 litre sphere apparatus to find the maximum rate of pressure rise per unit time. The main apparatus is Sphere explosion vessel, dust dispersion system, ignition source, Pressure monitoring system and control system. This test done as per BS EN 14034-2:2006. And it is found that (dp/dt) max = 928 bar.s-1 Where (dp/dt) max Maximum rate of pressure (p) rise per unit time (t) The objectives of this design are i. To vent the deflagrating that occurs inside the vessel ii. To avoid the injury to personnel by vent discharge iii. To limit the damage of the vessel iv. To limit the damage of the nearby structures The following steps are identified for venting sizing with reference to i. Dust deflagration index Kst must be found, Kst = (dp/dt)max * V 1/3 Where (dp/dt) max Maximum rate of pressure (p) rise per unit time (t) =928 bar/s And volume of the test apparatus is 0.02m3 Kst = 928 * (0.02)1/3 bar.m.s-1 Kst = 252 bar.m.s-1 ii. Now maximum explosion overpressure occurs during dust explosion in an enclosed vessel (non-vented vessel) Pmax which is to determine the explosive characteristics of the dust. Procedure for measuring Pmax is done in 5litre apparatus and the apparatus is designed to withstand an internal overpressure of 20 bar. First required amount of dust is taken for the test. Then the dust is dispersed in the vessel at atmospheric pressure and before that the initial temperature is noted down. Then initial pressure Pi i.e. just a moment before ignition is noted. And the pressure rise recorded as a function of time. And from pressure time curve Pex is determined for the particular dust concentration. And the test is done for various dust concentration and the Pex results are plotted with various dust concentration until the maximum value of Pex is found. And that maximum value is the maximum overpressure Pmax. This Pmax and Kst plays crucial factor in determining the vent size and design for explosion protection. Here dust mixture composition is not known, so the vent size is based on highest Kst and Pmax value. The result of Pmax for various dust classes is referred from BS EN 14034-2:2006, the table is shown below Kst (bar.m.s-1) Dust explosion class Pmax (bar) 0 St 1 à ¢Ã¢â¬ °Ã ¤ 9 200 St 2 à ¢Ã¢â¬ °Ã ¤ 10 Kst > 300 St 3 à ¢Ã¢â¬ °Ã ¤ 12 Table 1a: Where, St 1- moderate explosible St 2 strong explosible St 3 very strongly explosible Hence from the table above Pmax is taken as 10 bar for Kst = 252 bar.m.s-1 and the dust is classified as St 2. iii. Now the vessel design pressure selection must be measured, if the enclosure vessel is designed as ASTM then Pmawp (Maximum allowable work pressure) can be calculated. Here it is given that design pressure is 0.25barg. Venting provided should be sufficient to reduce the enclosure vessel rapture due to reduced maximum overpressure, Pred,max Here Pred,max shall be chose shall not exceed two-third of the vessel strength. Venting shall be provided such that Pred,max shall not exceed the vessel strength to prevent the rapture of vessel during venting. Pred,max à ¢Ã¢â¬ °Ã ¤ (Pes/ DLF) Where, DLF dynamic Load factor as a result of pressure rise. In absence of detailed structural analysis, it is assumed that DLF = 1.5 the design based on weakest structural element. i.e. Pred,max à ¢Ã¢â¬ °Ã ¤ (2/3)(Pes) Where Pes enclosure strength in bar Hence, Pred,max = 0.166 bar iv. Vessel Height to diameter ratio, the ratio of height to diameter of the vessel must be included in determining the vent area. Increase in ratio of height to diameter increases the flame propagation inside the vessel. Hence the estimation of the ratio is given below, Veff = à â⠬ r2 h Where Veff is the volume of the cylindrical vessel were flame can travel along the path. h Height of the cylinder r radius of the cylinder Veff = 3.14 * 5* 5* 30 = 2355m3 Aeff = Veff / H Where Aeff is the effective area of the cylindrical vessel Aeff = 2355 / 30 =78.5 m2 Deff = ((4*Aeff)/à â⠬)1/2 Where Deff is the effective diameter of the cylindrical vessel Deff=((4*78.5)/3.14)1/2 = 10m H/D = 30/10 = 3m v. Venting cover operation, the following factors to considered for the venting cover operation such as venting opening shall be free and clear, should be obstructed by weather conditions and any dust deposits. The vent cover shall open at its static activation over pressure Pstat. And vent cover should withstand the pressure within the static activation overpressure Pstat.. Here venting cover with specific mass And Hence Pstat = 0.2 bar. Sizing of vent area, here the specific situation must be considered for the venting sizing. Here the material is transferred by pneumatic conveyor. And this is classified as Inhomogeneous dust distribution as per New findings on explosion venting by R.Siwek. For vessel length L> 10m A = 0.0011 * Kst* H *Df * [(1/Dz) (8.6 log Pred,max 6) 5.5* log Pred,max + 3.7] ( 1 +1.715 * Pred,max -1.27 * log (H/D)) Where, Df diameter of the pipeline, here its assumed as 0.1m for effective dust reduction A Vent area m2 Dz effective diameter of the cylindrical vessel Dz =( (4*v)/à â⠬ ) 1/3 = (( 4*2355)/3.14)1/3 = 14 A = 0.0011 * 252 * 30 * 0.1 * [(1/14) (8.6 log 0.166 6 ) 5.5 log 0.166 + 3.7] (1 + 1.715 * 0.3 -1.27 * log 3) A = 30 m2 Effect of vent ducting, duct is normally to vent the discharge to a safe area away from the work area. But increase in duct length will increase reduced maximum explosion pressure. P red,max = -0.03267 * l*(H/D) + 0.3481 * l0.798 Where, l length of the duct (m) P red,max maximum reduced explosion pressure with vent duct P red,max = -0.03267 * 15 * (30/10) + 0.3481 * 150.798 P red,max = 1.5 bar P red,max = 0.2 *(C1 C2) * (1-(H/D)) + C1 Where C1 = P red,max * (1 + 17.3 *(A*V-0.753)1.6 * l) = 1.027 C2 = (0.0586 * l) + 1.023] * P red,max0.981 (0.01907 *l) = 0.5 P red,max = 0.8 bar And from the above equation relationship between the reduced maximum explosion pressure with vent duct and duct length can be found and also necessary increase in cylindrical vessel strength can also be estimated. Since the facility is still being designed and from the above result of with effect of vent duct it is evident that reduced maximum explosion pressure increases above the vessel design pressure. So the increase in design pressure and the vessel strength must be re-considered if vent duct is used to deflagrate the flame. Safe discharge, Maximum flame length for dust, X = Q*V1/3 Where Q 8 for vertical discharge X = 8 * (2355)1/3 X = 106.4 m Maximum flame width, W = 1.3 * (10*v)1/3 = 37m Maximum external pressure (dust) P = 0.2 * Pred,max * A0.1 * V0.18 = 0.188 bar Where P maximum external pressure A Vent area V Volume of the cylindrical vessel. 2. This bag filling facility handles plastics powder which generates dust must be examined for the explosive characteristics. For that we need to analyse the chemical compositions in it. The explosive dust decomposes generating large enormous energy. This decomposition includes oxygen in the molecule so it is not necessary that it needs air. So it is important to screen the chemical composition first, if the test indicates the presence of explosive characteristics then necessary dust explosion prevention and protection techniques must be implemented as a basis of safety. In order to prevent the dust explosion following techniques are used i. Controlling the source of ignition ii. Inerting For explosion protecting the following techniques are used i. Explosion containment ii. Explosion suppression iii. Venting DUST EXPLSION PROTECTION PREVENTION Control of ignition containment Source Suppression Inerting Venting Now the details of each technique are explained in detail below Controlling the source of ignition, dust explosion cannot occur unless theres a source of ignition. And hence a careful analysis must be done in design, operation and maintenance for the possible sources of ignition. Here are some of possible sources of ignition a. hot surface b. spark c. electrostatic spark d. heat e. friction f. flames Flames are one of the sources which can easily ignite the dust. Direct heating i.e. using of burners can be avoided in process where dust generation is possible. Welding works carried on the silo which has possible dust generation inside the vessel. So all hot works carried on silo must be allowed as per the statutory requirements. Any Internal combustion engines near the silo might take in the dust generated nearby and can cause explosion. And hence this combustion engine can be avoided or use of flameproof combustion engines. Electric power is also one of the sources of ignition. Electric spark which are produced from electrical equipment, if comes in contact with dust will result in explosion. Hence all the electrical equipment must be intrinsically safe and also ATEX 137 EU directive 95/9/EC certified equipment should be used depending upon the dust and zone classification. So this must be done during procurement stage. Once ATEX is implemented then zone classification must be done as a part of ATEX requirement by analysing the possible generation dust from the process i.e. Zone 20 dust generation is often, zone 21 dust generation likely to occur or Zone 22 dust generation not likely to occur. Dust depositing on hot surface will cause explosion depending on the temperature and geometry of the surface. In most of the cases this can be avoided by good housekeeping. And also Ignition occurs only when the surface temperature reaches the minimum ignition temperature of the dust. Static electricity is also one of the major hazards in process and chemical industries. When a charged particle comes in contact with the opposite or dissimilar object there will be transfer of charge and will results in spark. Since the powder have charged particle, when it comes in contact with dissimilar particle in transferring or free falling there will be transfer of charge which will generate spark. And the spark generated can cause ignition of the dust. Hence all the metal containers must be earthed so that the charge generated will leak away to the earth. And use non conducting materials are recommended in construction. Below diagram show difference between earthed and non-earthed conductor Figure 2a: Hazards in non-earthed conductor Friction is also one of the ways that dust cloud can be ignited. That is when hot particles come in contact with mechanical equipment by rubbing or impacting against the equipment can ignite the dust cloud. This friction ignition depends upon the maximum velocity of the hot particle impacting against the hot surface. And hence use of such mechanical equipment should be avoided. And the other possible chances of ignition of dust clouds can be through spontaneous combustion. So this type of burning occurs due to self-heating as a result of internal exothermic reaction which is followed by thermal runaway. If this heat release is unable escape will result in ignition. And also sufficient oxygen and dust concentration must be present for the thermal runaway ignition. Hence the safe way is to displace the oxygen is by inerting. Inerting is a process by sending inert substances to remove or prevent the explosive atmosphere formation. The main objective is to eliminate or to reduce the oxygen level below the lower flammability limit in order to avoid the catastrophic dust explosion, in some case combustion can also occur in very low oxygen level so in that case is safe to replace all the air with inert gases. Even sometimes explosive dust generated inside the vessel can be diluted into non explosive dust by passing certain inert dust e.g. limestone. When inerting theres chance of inert gases gets trapped inside the vessel, where personnels are accessible for confined space works, this will result in asphyxiation. Hence proper statutory rules must be followed in entry of confined space. Care should be taken when inert gases are sent into the distribution line. That is before passing the inert gases the impurities such as hazardous substance moisture etc. should be removed from the inert gases by means of filter. And flow of the inert gases must be maintained by the pressure monitoring and controlled. Flow chart for inerting process is shown below Inerting Use of inert dust as an inert medium Suitable inert gas available e.g.) N2, co2 etc Performing oxygen limiting measurement at process temperature and pressure Design dust inert system Ensure the reliability of the monitoring system Inert gas cost when compared to other safety technique, are the cost found satisfactory Consider basis of safety for design and operation And some the other available prevention techniques include installation of pressure sensor, alarm system in-case of overpressure, Automatic shutdown system in-cases of overpressure, Level indicator, correct operational procedures and Proper maintenance and inspection procedures. Explosion containment is used to withstand the explosion pressure rise and to prevent the rupture of the containment. The explosion containment usage is accepted when the release of the process materials is not acceptable. First maximum explosion pressure Pmax must be determined, since it is the crucial factor in explosion containment. Hence pressure resistant vessels are designed to withstand the maximum explosion pressure without any deformation or rupturing the vessel. And hence the stress induced by the maximum explosion overpressure should not exceed 50% of the yield strength of the weakest part. Explosion pressure shock resistant vessel is also designed to handle the maximum explosion pressure but deformation occurs to some extent. And the stress induced by the maximum explosion overpressure should not exceed 90% of the yield strength of the weakest part. Logical flow chart for explosion containment is shown below Explosion Containment Multi-volume Single volume Can explosion be contained by knowing Pmax and plant design? Are the multiple volume is mechanically isolated Is Rapture of vessel acceptable? Use pressure shock resistant vessel Use pressure resistant vessel Consider basis of safety for design and operation Cost valid when compared to other safety techniques Suppression is a technique which identifies the starting point of explosion and extinguishes the growing fire. Normally suppressor is used whenever it is difficult to discharge the pressure and flame in a safe area. Normally it takes 40 90ms for an explosion to occur when the dust gets ignited. So now the explosion detector detects the pressure rise in the vessel and it is designed to set the alarm when it reaches the reference pressure rise and activates the suppressor so that it suppresses/extinguishes the growing fire ball inside the vessel. Suppressor can also be used in parallel with venting where sufficient venting area is not achieved. And also it is to noted that explosion detector should withstand to the vibration, shock and resistant against corrosion. Below figure shown is the normal working of suppressor in the vessel. Normally suppression can be used for a vessel volume up-to 1000m3. For vessel larger than 1000m3 explosion suppression can be used and the explosion suppressor must be within the vessel volume boundary. Fig 2b: Suppressor working If a vessel is without suppressor and dust explosion occurs in a enclosed vessel then the pressure rise grow and attains destructible level which is shown below in graph (line A). If a suppressor is installed and suppressor extinguished before the explosion then the maximum pressure rise will be reduced Pred within the maximum vessel design pressure, shown below in graph (line B). In order to achieve the above it also depends upon the suppressor location, suppressor discharge rate and also number of suppressor placed in the vessel. Graph 2a: Pressure rise with suppressor and without suppressor There are many types of suppressors available such as hemispherical suppressor, High rate discharge suppressor are used. Normally high rate discharge are most widely used because for their high discharge rate to suppress the fire. In hemispherical suppressor usually liquids i.e. water is used as suppressant and can store upto 5 litres. And the initial velocity of hemispherical suppressor is 200m.s-1 and the discharge time is 10 30 ms. For high rate discharge suppressor the suppressant used can be liquid or dry powder. It can suppressant discharge time is within 10 millisecond and suppressant stored upto 40kg. And the suppressant materials used in order to supress the fire must quench the combustion. And some of the commonly used suppressants are dry powder i.e. dry chemical and water. Flameless venting is done to vent the explosions without any risk of external flame. Flameless venting device consists of flame arrestor which quenches the flame that propagates outside from the vessel. The main principle is that the arrestor reduces the fuel from flame below the ignition temperature by energy dissipation in the flame arrestor. 3. Here in this bag filling facility, use of hazardous substance involved. Hence this operation must abide to control of substance hazardous to health Regulation 2002 (As Amended) (COSHH) to control the hazards to the human health. Here in this bag filling facility there is use of plastic powder which get filled and packed. In this plastic power has an additive known as Methylene dianiline. This plastic powder is a thermoplastic intended for use in injection of moulding machine. This methylene dianiline is a carcinogen which causes cancer when it is inhaled by the people engaged in bag filling operation. So it is necessary to conduct control of substance hazardous to health risk assessment. And to evaluate the allowable exposure limits and the necessary measure to be taken while handing the hazardous materials. Main steps to be followed to prevent the health hazards and to comply with COSHH are as follows i. Determine the risk ii. Control measure implementation iii. Control the exposure iv. Continual improvement and practice of the control measure implemented v. Monitoring the exposure level with the control measures vi. Providing health monitoring check up vii. Prepare Emergency plan and conduct emergency mock drill viii. Providing training and necessary information to the employees Substances or chemicals that are hazardous to personnel health will come under COSHH. Here methylene dianiline is used which is identified as a potential carcinogen and hence the operation should comply with COSHH to control the health hazards and improve the operation. Determine the hazard The first step is to identify the hazard whether the substance used in the process causes health hazard to employee engaged in work. Here it is identified that Methylene Dianiline is a potential carcinogen. So operators engaged for bag filling, sealing and engaged in cleaning activities are at risk if exposed. So first we need to find the possible exposure points. From analysing the operation involved in bag filling facility. The possible release/exposure points are identified below, i. filling arms in bag filling station building it vibrates to prevent clogging ii. Opening the valve fast will cause sudden release of pressure. iii. Bag sealing possible dust generation since the bag is left opened iv. Cleaning the spilled dust near filling area v. Pneumatic conveyor possible leak point will cause dust discharge Here it is identified that possibility of the substance route to affect operator health is through inhalation when released in air. And hazards of methylene dianiline and its chemical properties are taken from CHIP classification, Now CHIP regulation gradually replaced by European CLP. And the hazard classification is taken from European regulation EC No 1271/2008 on Classification labelling and Packing (CLP) from Table 3.2 part3 of Annexure I to directive 67/548/EEC Index No International Chemical Identification Ec No CAS no Classification Labelling Concentration Limit 612-051-00-1 4,4Methylenedianiline 202-974-4 101-77-9 Crac Cat 2;R 45 Mutta.Cat,3; R 68 T; R39/23/24/25 Xn; R48/20/21/22 R43 N; R51-53 T;N R:45-39/23/24/25-43-48/20/21/22-68-51/53 S:53-45-61 Table 3a Classification is taken from European regulation EC No 1271/2008 on Classification labelling and Packing (CLP) from Table 3.1 part3 of Annexure VI to directive 67/548/EEC Index No International Chemical Identification EC No CAS no Classification Labelling Hazardous Class and Category codes Hazardous Statement Codes Pictogram signal word code Hazardous Statement Codes Suppl. Hazardous Statement Codes 612-051-00-1 4,4Methylenedianiline 202-974-4 101-77-9 Carc 1B Muta 2 STOT SE 1 STOT RE 2 Skin sens 1 Aquatic Chronic 2 H350 H341 H370 ** H373 ** H317 H411 GHS08 GHS07 GHS09 Dgr H350 H341 H370 ** H373 ** H317 H411 Table 3b: Where R Risk phase and H Hazard , Classification of levels of danger i.e. harmful, toxic, very toxic as per CHIP regulation. Here MDA is classified as potential carcinogen R 45 Cancer causing substance. Deciding proper safe guarding measure Since here the plant is in designing stage so the possible release/exposure points, population exposed to the hazardous substance and route of entry are identified and necessary control measure are indentified below to implement from the designing stage. So COSHH essential uses out of the risk assessment information it chooses one of the methods for control measure shown below, Figure 3a: The factors used in identifying appropriate controls measure are in below figure, Figure 3b: So the following steps are followed in identifying adequate control measure as mentioned in COSHH essentials: Easy steps to control chemicals i. Group the hazards identified ii. Grouping the physical properties of the amount used iii. Asses the anticipated exposure iv. Now combine step 1 to 3 to form a generic assessment Grouping the hazard, hazards are classified between A to E by R-Phase given in CHIP and H-Phase given in CLP. Below the table shows the classification of hazard group. In the below table units, mg/m3 milligrams per cubic meter and ppm parts per million. From below table methylene dialine classified under group E dust. Table 3c: Now to determine the predictive exposure we must first classify the hazardous substance physical properties. Here in bag filling operation, hazardous substance is in dust form, since the plastic powders are granule will generate dust. So as per COSHH essential they have presented a table for identifying the determinants of the hazardous substance. That is the factor for deciding the physical properties for solid are dustiness and for the liquid is the volatility. And based upon the below shown table here methylene dianiline is identified as fine solid and light power and the corresponding determinant is identified as high. Table 3d: And after identifying the determinant and amount used as per COSHH essential has identified four band of exposure potential and the table is shown below, Table 3e: Here in bag filling and packing operation the main product is plastic powder which contains methylene dianiline as an additive. So the quantities used which assumed to be in tonnes, the main aim of this plant is packing plastic powder. And the exposure predictor band here it is identified as EP 4. sNow to decide which the control approach is adequate enough to control the situation of health hazard has to be identified from the range given which is used in COSHH essential. And table is shown below Table 3f: And based upon the above control approval table and exposure predictor table COSHH essential formed a table relating exposure predictor to control approach. And the table is shown below. Table 3g: In-order to choose the type of control measure recommended we have to relate the target airborne exposure to the exposure predictor band .Hence for this bag filling facility type-4 control is recommended because the concentration level of the dust is unknown. Sample COSHH Risk assessment Step 1 Step 2 Step 3 Step 4 What are the hazard What will harm and who? What are you doing Improvements needed Who When Check Breathing in dust from filling station Since the dust contains MDA might cause cancer and irritates the respiratory system Dust mask Get cab and filtered air supply Conveyor to silo, to filling station Nobody Dust Extraction Check for leaks weekly Bagging plastic powder Charge handed Storage and dispatch Forklift driver Dust mask Get cab and filtered air supply Cleaning the plastic powder dust spill Charge hand Brushing Vacuum hose to dust extraction Changing dust filter Charge hand Use of P3 respirator Contract out this work Also: Action Taken Action needed Examination Test COSHH Supervision Instruction and training Emergency Plan Health Surveillance Monitoring Review Date Recommendations Here to reduce the possible exposures to hazardous substance below are the following recommendations, i. Minimizing the generation of plastic dust such as designing conveying system in such a way to reduce the impact with hard surface to reduce the dust generation i.e. use of long sweep elbows. ii. Minimising the release of plastic dust such as keep silo in good conditions i.e. avoid crack, proper maintenance etc., maintain the transfer equipment in good seal condition to avoid leaks. iii. Plastic dust can be captured and contained. iv. Create awareness among the employee about the hazards associated in handling hazardous substance and use of MSDS. v. Regular health surveillance must be conducted to employee exposed to risk. vi. Use of proper respiratory PPEs while handling with plastic powder. As per COSHH essential it is identified suitable PPEs for the selected group hazard. Table is shown below and it is identified as Assigned protection factor 200. This APF is in reference with BS 4275 Table 3h 4. Project Description The new bag filling line and silo is being constructed for a plastic manufacturer which is located in congested area which means the silo is located in between the nearby structures and objects but the whole plant is located in plain and partly terrain area. This facility involves transfer of plastic powder from the plant to silo for storage so that it can used to store plastic powder prior to the bagging and distribution. Here in the silo there is possible release of dust into the atmosphere due to overpressure or overfilling. Since the dust generated inside the silo is vented to atmosphere so it must meet to the current environment legislation in order to avoid air pollution. From Silo the plastic powder is sent to bag filling station. The bag filling station comprises a building in which there are four bag filling stations. Hence an environmental impact aspect must be undertaken before the commencement stage . Plant Sketch Silo Air to bag f
Monday, January 20, 2020
Curricular Aims: Assessment of University Capstone :: Education School Essays
Curricular Aims: Assessment of University Capstone Albert North Whitehead (1929) believed that the raison dââ¬â¢etre of universities was neither for the imparting of knowledge nor for the opportunity for research. Cheaper alternatives for both were and are available to achieve those functions. Instead, he asserted. The justification for a university is that it preserves the connections between knowledge and the zest of life, by uniting the young and the old in the imaginative consideration of learning. The university imparts information, but it imparts it imaginatively. At least, this is the function which it should perform for society. A university which fails in this respect has no reason for existence (p. 93). When Whitehead described the purpose of education in his text, The Aims of Education, he had the luxury of his assertions without the burden of proof. The Academy today, while equally as passionate about the aims of education as Whitehead, must not only describe its reason(s) for existence, it must also provide evidence that those aims which it described as important are ultimately attained by its students. This evidence must be considered and presented both for ourselves (The Academy) and for our ââ¬Å"constituentsâ⬠(i.e. students, accrediting bodies, employers, donors, and society). The authors assert that three issues are paramount to any assessment of a curriculum in higher education. The first deals with the ââ¬Å"reason for existenceâ⬠issue raised by Whitehead (i.e. Are we doing the right thing?). The second issue has to do with examination of whether we are accomplishing our goals (i.e. Are we doing the right thing right?). The final issue involves how we can assess whether we are doing the "right thing right." Doing the right thing? Several years ago, Millikin University embarked on the difficult challenge to create a seamless curriculum that provided for intentional connections -- connections between the major and the non-major, connections between the curricular components at each level, and connections between the curricular components over the course of four years. In the development of this comprehensive and cohesive curriculum (dubbed the MPSL -- the Millikin Program of Student Learning), the faculty identified "common threads" of the MPSL. Those common threads are 1) Student learning goals, 2) Core questions, values, and means, and 3) Proficiencies. (See the student learning goals in Table 1 for the specific elements defining each one). The faculty vision for the University is actualized through the effective implementation of these common threads within the curriculum.
Sunday, January 12, 2020
Reverse Osmosis for Wastewater Recycling Essay
Reusing treated wastewater for beneficial purposes, such as agricultural and landscape irrigation, industrial processes, toilet flushing, or groundwater basin replenishment, is growing in response to environmental and economic concerns. One of the key factors involved in recycling wastewater treatment plant (WWTP) effluent for another use is the need to reduce total dissolved solids (TDS). This is often done by using a reverse osmosis (RO) system, which relies on pressure differential to force a solution (in this case, water) through a membrane that retains the solute on one side and allows the pure solvent to pass to the other side. While extremely effective on biologically treated wastewater, RO systems need to be coupled with an effective pretreatment system to avoid common issues that can result in system failure, including plugging, fouling, and scaling. One of the most effective pretreatment options for wastewater applications is membrane bioreactor (MBR) technology, in which a membrane process like ultrafiltration (UF) or microfiltration is combined with a suspended growth bioreactor. MBR provides high quality feed water to the RO, minimizes footprint and the cost of civil works, and reduces treatment plant downtime, thereby reducing operating costs. Koch Membrane Systemsââ¬â¢ PURONà ® submerged MBR technology has successfully been used as the pretreatment option for challenging industrial and municipal water reuse RO systems, and can help make water recycling technologies more cost-effective. Reverse Osmosis Systems Present Challenges for Water Reuse Pretreatment methods are critical when designing RO systems. For example, RO membranes used for most water reuse applications contain a brine spacer, typically made of low density polyethylene mesh netting. If there is a high level of suspended solids in the feed water, this brine spacer can become plugged. Another issue is the high levels of organics contained in many biologically treated wastewaters, which are rejected by the RO membrane and progressively concentrated as the water flows across the membranes. This concentration of organics can foul the membrane, especially towards the RO system outlet. Biofouling can also occur, because the organics in wastewater make an excellent food source for microorganisms. Also, some treated wastewaters contain high levels of bacteria, so biogrowth may occur quickly even if RO feed water is disinfected. Finally, calcium phosphate scaling can cause problems with RO systems operating on some wastewaters. The scaling can be mitigated by operating at lower water recovery, using acid or other antiscalant to minimize scaling, or modifying the operating conditions of the WWTP to reduce the amount of phosphate in the RO feed. These plugging, fouling, and scaling issues mean that the RO system needs to be operated at higher pressures, leading to increased power consumption, increased chemical costs for cleaning, and a shorter membrane life. How can these challenges be minimized and overall water reuse system lifecycle costs reduced? Effective pretreatment of the feedwater before it flows through the RO system is the answer, provided that the pretreatment steps are chosen carefully to ensure that the RO system can work as intended. Reverse Osmosis Pretreatment Options There are many different pretreatment options, and the best for a particular process depends on power, chemical, labor and land costs, wastewater source, and the existing wastewater treatment system. Conventional Pretreatment The conventional effluent pretreatment scheme might be primary treatment, biological treatment and, the most crucial part of the process, solids-liquid separation using secondary clarification. The conventional sedimentation process often doesnââ¬â¢t remove enough bacteria and suspended solids, so sand filtration may be added to improve the solids-liquid separation and provide higher quality water to feed the RO system. Using ferric chloride along with the sand filtration may enhance solids and organics removal. However, upsets in the secondary clarifier can lead to effluent with higher levels of TSS and BOD, causing plugging of the brine spacer with suspended solids and organic fouling. Also, power consumption for RO systems with this type of pretreatment tends to be high, and membrane life is often quite short. Lime-softening has been somewhat more successful in protecting the RO membranes, but this increases operating costs and does not totally prevent fouling of RO membranes. Ultrafiltration Improves Suspended Solids Removal As RO Pretreatment Many of todayââ¬â¢s water reuse systems use an ultrafiltration (UF) pretreatment step to emove suspended solids. These systems typically use hollow fiber UF membranes, which do an excellent job of providing water with low suspended solids to feed the RO system. However, the UF system is an extra treatment step, requiring additional footprint, and adding to operating costs. The UF system may also be susceptible to upsets from a conventional WWTP, which can further increase its operating costs. Membrane Bioreactor As RO Pretreatment With an MBR, the UF membranes are submerged in the activated sludge to combine the biological step and the solid-liquid separation into a single process. The membrane acts as a barrier, which improves the effluent quality. The MBR eliminates the secondary clarifier and does not rely on gravity for liquid-solids separation and so allows the activated sludge to operate with a higher mixed liquor suspended solids (MLSS) concentration. The increased MLSS concentration reduces bioreactor tank volume, saving footprint and capital construction costs. Overall, the MBR process reduces footprint significantly compared to the combination of conventional activated sludge followed by sand filtration or ultrafiltration. The footprint savings due to the wastewater treatment plant alone can be as much as 50 percent, along with additional footprint savings from eliminating other filtration steps. Using MBR technology also simplifies the overall treatment train, minimizing the number of unit operations. Benefits Of Koch Membrane Systemsââ¬â¢ PURON MBR Technology Koch Membrane Systemsââ¬â¢ PURON submerged hollow fiber UF module offers robust, cost effective solutions for RO pretreatment. The patented membrane module contains hollow fibers, the lower ends of which are fixed in a header. The upper ends are individually sealed and are free to move laterally, as shown in Figure 1. The PURON module is submerged in the mixed liquor. All solids and particulates remain on the outside of the fibers while permeate flows in an outside-in pattern by means of a vacuum that evacuates permeate through the inside of the hollow fiber. | The free moving fibers, combined with central air scour aeration, ensure stable filtration during plant operation, long membrane life, and lower operating costs due to reduced need for energy, cleaning and maintenance. PURON MBR has been used successfully as the pretreatment step for a number of challenging industrial wastewater systems. For example, a Belgian firm that manufactures chemicals for film processing and printing uses large amounts of fresh water for cleaning and production. The firm began reusing its wastewater to reduce its fresh water costs, and selected an RO system to produce water with the low salt and nitrogen content required for its process. The firm installed a PURON submerged hollow fiber MBR as the pretreatment step prior to the RO, and the system has been operating successfully since 2005. Another example is an Australian malt-producing company that sought to reduce its use of fresh water by recycling its wastewater. PURON MBR technology was selected as the pretreatment step for the RO system, since it provided the best quality water to feed the RO while minimizing overall operating costs. The MegaMagnumà ® RO system recovers the MBR effluent as product water for reuse. The system has been running since 2006. In fact, the RO permeate quality is equal to or better than the local potable water supply. Space & Cost Considerations Treatment operation footprint is a primary consideration in developing the best treatment system. Since the PURON MBR system reduces the volume of the bioreactor tanks and eliminates the secondary clarifier, the footprint for an MBR process is much smaller than tertiary filtration steps with sand filtration or UF. If space is limited, MBR may be the only pretreatment choice that fits in the available space. Other considerations include costs of land, civil works, equipment, power, chemicals and labor, and the payback period used. High land and civil costs tend to favor MBR use. For large municipal treatment facilities requiring RO as a final treatment step, an MBR should compare favorably to conventional wastewater treatment as a pretreatment step prior to RO. In a 20-year analysis the municipality should realize savings in RO membrane replacement and power as a result of the MBR pretreatment step. For an industrial company looking at a short payback, the preference for conventional or MBR technology will depend on the relative cost of civil works and land versus the equipment cost. Conclusions Using RO systems to reclaim and recycle wastewater effluent is growing rapidly, and Koch Membrane Systemââ¬â¢s PURON MBR technology is now being considered as the pretreatment option for an increasing number of industrial and municipal reuse applications. The PURON submerged membrane modules provide high quality feed water to the RO, minimize footprint and the cost of civil works, and reduce the susceptibility of the RO treatment train to upsets. PURON is a trademark of Koch Membrane Systems GmbH and is registered in Austria, Benelux, Canada, China, France, Germany, Italy, Oman, Saudi Arabia, Spain, Taiwan and the United Kingdom. MegaMagnum is a registered trademark of Koch Membrane Systems, Inc. in the United States and other countries. Wastewater Recycling for the Stone Fabrication Industry As a stone fabricator youââ¬â¢re looking for a wastewater treatment system that keeps you in compliance, but wouldnââ¬â¢t it be nice to save some money too? Thatââ¬â¢s where our wastewater recycling and treatment systems come in. These zero discharge, closed loop systems collect the water you use for polishing, cutting, and other processes; cleans it thoroughly, and recycles it so you can use it again. Your wastewater is never discharged into the public system during this process, so you have no chance of being out of compliance. Between the money youââ¬â¢ll save on non-compliance fees and the reduced cost of your water bill, the return on your investment will be substantial. And because we use the most durable, well-designed components on the market in each wastewater recycling system, you can be sure this system will run efficiently for as long as you need it to. We even design and manufacture some of those components in house, including: * Filter presses * Clarifier systems * Chlorine dioxide generators * Control panels * More The solid, smart construction of our zero discharge wastewater recycling systems results in a wide variety of beneficial features, including automation options, expandable filter presses that can accommodate your business as it grows, the ability to accommodate flow rates for 10 GPM ââ¬â 200 GPM, the ability to filter solids water down to below 1 micron, and more.
Saturday, January 4, 2020
Medieval Piety Essays - 1629 Words
Religion in the Middle Ages takes on a character all of its own as it is lived out differently in the lives of medieval men and women spanning from ordinary laity to vehement devotees. Though it is difficult to identify what the average faith consists of in the Middle Ages, the life told of a radical devotee in The Book of Margery Kempe provides insight to the highly intense version of medieval paths of approaching Christ. Another medieval religious text, The Cloud of Unknowing, provides a record of approaching the same Christ. I will explore the consistencies and inconsistencies of both ways to approach Christ and religious fulfillment during the Middle Ages combined with the motivations to do so on the basis of both texts. A centralâ⬠¦show more contentâ⬠¦Pursuing such spiritual fulfillment is a responsibility not to be taken lightly. Often, literal commands of Jesus such as pilgrimages have two and three fold benefits. Besides the very physical connections with the sacred that they offer arriving at places of sacred history, pilgrimages are also a form of penance for sins. Because of the sacrifice of time, money, and risk to make these pilgrimages, best seen by Kempes outrageous devotion in leaving behind her life and family for long periods of time, pilgrimages assist in erasing sins in ones life. Another reason that Margery and medieval Christians would embark on these pilgrimages is for the reverence of saints and their relics that they would visit. The Middle Ages emphasized an important connection to the lives of past saints believing that the saints still had power to intercede blessings into the lives of religious people on Earth. Where Margery is set a part from common laity, during her pilgrimage to Jerusalem she receives a special spiritual gift of ââ¬Å"cryingsâ⬠that she can not control when rel igious emotion comes over her. Describing these outbursts, the author of her autobiography says, ââ¬Å"The crying was so loud and so amazing that it astounded peopleâ⬠¦Ã¢â¬ (Windeatt, 104). It is assumable that emotional experiences upon pilgrimages of either laity or monastics to such places as the Holy Land would be common, however that people wereShow MoreRelatedMedieval Woman Book Owners : Arbiters Of Lay Piety And Ambassadors Of Culture By Susan Groag Bell850 Words à |à 4 Pages In the journal article Medieval Woman Book Owners: Arbiters of Lay Piety and Ambassadors of Culture, written by Susan Groag Bell, explains the cultural changes in the Middle Ages. She give details on how the increase in lay piety and vernacular literature were both connected with one another. In addition to this, these two topics played key roles in the changes taking place. The increase in lay piety is said to be a response to the political conflicts, religious demographic, and climatologica l factorsRead MoreA Critical Analysis Of Merciles Beautee1792 Words à |à 8 Pageswith the representation of woman as an empowered ââ¬Å"feudal lordâ⬠due to the sheer objectification of femininity and beauty. Poets such as Geoffrey Chaucer and William Dunbar commend a womanââ¬â¢s aesthetic appeal or satirise the lack of it, thus elevating medieval misogynistic expectations of physical beauty as a feminine necessity that objectifies women under the control of manââ¬â¢s advances. Throughout courtly love lyrics female beauty is a purely frivolous and superficial trait lacking predominant depth, toRead MoreThe Rise and Fall of Feudalism Essay868 Words à |à 4 Pagesin Europe (136). Partially because of its success in providing security and stability, and also its huge promotion by the Catholic Church (136). 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Religious and philosophicalRead More The Greatest Literary Emblem of the Middle Ages Essay2067 Words à |à 9 Pagesthey flourished and developed, which was the Medieval Era. The Middle Ages is the period of European history that goes from the collapse of the Roman civilization to the beginning of the Renaissance, and it extends from about 500 to 1500 ca. (ââ¬Å"Middle Agesâ⬠). This period is called the ââ¬Å"Dark Agesâ⬠since it is regarded by the Renaissance scholars as a long interval of superstition, ignorance, barbarism, and social oppression due to the fact that the Medieval era was a fight to establish a new societyRead More Transcendentalism in Beowulf and Antigone2110 Words à |à 9 Pagestheism, where the god or gods are treated as father figures; the gods controlled the lives of all their people just as parents control their children, even, as Martin Luther stat ed, with an attitude of fear. Through the periods of Ancient Greece, to Medieval Europe, to Renaissance Europe, a cycle forms from a completely transcendentalist attitude to a completely theistic attitude, and back. Some of the first literature scholars have recovered through the years has come from the Ancient period, particularlyRead MoreTrue Womanhood, By The Virgin Mary, Eve, And Noah s Wife1470 Words à |à 6 PagesThroughout our classes and discussions we have discussed the topic of true womanhood, along with women in medieval drama. Thinking of these two concepts, the question arises are they any true women in medieval plays? The multiple plays that we have read, there are many different types of women that have been discussed. These plays covered drastic differences with the way the women acted, and their actions towards the men in their lives and certain circumstances. Through four plays, there are fourRead MoreThe Use Of Gunpowder And Firearms Triggered The Decline Of Chivalry1224 Words à |à 5 Pagesespecially England and Germany, ââ¬Å"were obsessed with strategies of offensive warfare that derived their historic precedents from the system of knighthood.â⬠4 In fact, medieval knigthood did not solely consist of direct attack, but the important thing is that the nations involved in World War I considered themselves as revival of medieval chivalry. Therefore, European nations used the image of the brave knight, fighting for his country and suffering as Christ on the cross to encourage their own soldiersRead MoreMartin Luther Argumentative Essay1370 Words à |à 6 Pagescongregation. The clergyââ¬â¢s use of indulgences as a way to salvation lacked the piety that disciples desired. Criticism of Catholicism did not cause sweeping changes in the sixteenth century; instead, the Protestant Reformation occurred due to the confluence of events triggered by one priest, Martin Luther. (Schilling) Although some historians allege that Martin Lutherââ¬â¢s theology was reactionary due to its roots in medieval Christianity, his beliefs that the hierarchy of the church was unnecessary andRead MoreWomen And Spiritual Equality : New York : Saint Martin s Press, 1998 1358 Words à |à 6 Pageswrites that there was controversy surrounding this practice, she avoids this debate and instead focuses on the content of the devotion. The era of the middle ages is the subject of chapters six through eleven. In chapter six, she presents early medieval saints. Though she had used Syriac sources in the earlier chapter, she relies heavily on them in the chapter and does not provide sources that reflect the rest of Eastern Christendom. She also begins to focus on specifically western saints at this
Thursday, December 26, 2019
Rights of Shareholders as Members of a Company - Free Essay Example
Sample details Pages: 14 Words: 4247 Downloads: 1 Date added: 2017/06/26 Category Business Essay Did you like this example? Shareholders play an important part in the corporation. They are very vital for the company. They have the power to take company decisions and influence the working of the company. Donââ¬â¢t waste time! Our writers will create an original "Rights of Shareholders as Members of a Company" essay for you Create order The shareholders are able to exercise such influence and control over company only when they are free to exercise their rights in a legitimate manner. The shareholders have numerous rights which have been laid down in the Companies Act, 1956. Under the Act, the shareholding of a company is determined by rights, entitlement, ownership etc. The best way of controlling the company, among other rights, is through voting right[1]. Voting is one of the powerful instruments in the hands of the shareholders. They can also raise a motion and call a meeting. Shareholders are also eligible to appoint directors and auditors so that the future course of the company can be decided. The information and disclosure should be all time maintained between management and shareholders as only the well informed shareholder could actively participate in the decisions of the company and could also effectively contribute in shaping the functioning of the company. Thus, through these rights, they are able to e xert control on the decisions of the company. Companyà ¢Ã¢â ¬Ã¢â ¢s management on the other hand plays its part in involvement of shareholders in companiesà ¢Ã¢â ¬Ã¢â ¢ matters so to provide a check and balance system. This is done to ensure transparency in the companies matters. A company functions through board and shareholders take part in voting to shape up the decisions of the company through various modes provided by Law. To see the company functioning smoothly and effectively, every shareholder should make vigorous efforts in the decision-making process. The legislature on the other hand should make laws keeping the changing scenario of capital market in mind so that the laws could be implemented not just in theory but in practice too. However, the company often loses the sight of minority shareholders when it comes to providing rights to them. They are also shareholders in the company and in fact it is the minority shareholder that keeps a check on the power of majority shareholders and the board. Minority shareholders help in the governance of a company[2]. However, the concerns of the minority shareholders could be met if the company ensures the basic rights to them. Thus this chapter enumerates the rights which belong to the shareholders by virtue of being the members of the company. These rights have been categorized under 5 heads by the researcher for the sake of brevity. EQUITABLE TREATMENT The shareholders have the right to be treated equally with the other shareholders. They all should get equal treatment by the company[3]. The equality of the shareholders can be traced from two angles. One is equal treatment vis-ÃÆ'à -vis company and other is vis-ÃÆ'à -vis other shareholders. Equal treatment of shareholders can be best explained in relation to corporate distributions and re-organization shareholders may have many things in common but what is necessary to note here is whether same shareholders in the same situation are treated differently. In normal scenario the distribution occurs according to the shares held by shareholders. But the constitution of the company or articles of association may provide for different criteria to distinguish among shareholders. With respect to the treatment vis-a-vis the company is a limit on the power of the company to maintain the equilibrium among shareholders and not to adopt any scheme which goes against the interests of some of the shareholders placed in the same situation. With respect to treatment vis-a-vis other shareholders, all are to be treated in the same manner. OECD has laid down six principles of Corporate Governance and Equal treatment of shareholders forms one of those six principles. This places emphasis on the point that protection of minority shareholders is of utmost importance and it should be done in all fairness, whether shareholders are small or large, they would get equal treatment by law[4]. Equal treatment is with respect to the shareholders of the same class. So each share of same class will be entitled to get same rights, liabilities, responsibilities etc. this shows that differences among different classes should also be taken into consideration[5]. This is precisely the reason that controlling shareholders have more duties which are not borne by minority shareholders as the difference among different classes of share are recognized by the law. For example, right to v ote, right to receive dividends are subjective depends upon the shares person holds, so equality is different, whereas certain rights like to receive information, to get notices, here equality assumes different perception. The principle of equality does not aim at giving minority shareholders the same treatment as the majority. As the weaker party in a company, minority shareholders only need an equitable and fair treatment protecting their rights as provided by law and the capital they have invested in the company.10 . Shareholders might have many things in common, but not all ofthese are relevant for company law and for the rule of equal treatment, so it isnecessary to establish whether different shareholders are in thesamesituationornot.Usually,thedistributivecriterionadoptedbycompanylawistheshareof legal capital held by shareholders, but the competent jurisdiction couldprovide for different criteria or allow the article of association to distinguishamong different classes of shares.By contrast, the equal treatment of shareholders vis-ÃÆ'à -vis the company is alimit to the powers of companyà ¢Ã¢â ¬Ã¢â ¢s bodies, so its infringement might lead toannulment of a corporate decision or to sue the directors for damages 11 .Beingthis a duty burdened to behaviours and decisions of companyà ¢Ã¢â ¬Ã¢â ¢s bodies, thecompetent jurisdiction can admit exceptions under specific circumstances 12 .In addition, in all jurisdictions the question arises as to whether companyà ¢Ã¢â ¬Ã¢â ¢sdecisions that treat shareholders formally equal, but in reality affect themdifferently due to personal positions or interests of such shareholders, areencompassed by equality vis-ÃÆ'à -vis the company or by other principles orfiduciary duties, such as the à ¢Ã¢â ¬Ã
âabuseà ¢Ã¢â ¬Ã of majority powers or the à ¢Ã¢â ¬Ã
âfraudà ¢Ã¢â ¬Ã on theminority. To sum up, each jurisdiction is free to shape autonomously thecontours of thi s principle. In addition, there is no shared view among legalscholars and among member states regarding the content of the principle ofequal treatment 13 . The former is the basic distributive principle upon which the relations amongshareholders are built, which answers the basic question à ¢Ã¢â ¬Ã
âEquality ofwhat?à ¢Ã¢â ¬Ã 10 . Shareholders might have many things in common, but not all ofthese are relevant for company law and for the rule of equal treatment, so it isnecessary to establish whether different shareholders are in thesamesituationornot.Usually,thedistributivecriterionadoptedbycompanylawistheshareof legal capital held by shareholders, but the competent jurisdiction couldprovide for different criteria or allow the article of association to distinguishamong different classes of shares.By contrast, the equal treatment of shareholders vis-ÃÆ'à -vis the company is alimit to the powers of companyà ¢Ã¢â ¬Ã¢â ¢s bodies, so its infringemen t might lead toannulment of a corporate decision or to sue the directors for damages 11 .Beingthis a duty burdened to behaviours and decisions of companyà ¢Ã¢â ¬Ã¢â ¢s bodies, thecompetent jurisdiction can admit exceptions under specific circumstances 12 .In addition, in all jurisdictions the question arises as to whether companyà ¢Ã¢â ¬Ã¢â ¢sdecisions that treat shareholders formally equal, but in reality affect themdifferently due to personal positions or interests of such shareholders, areencompassed by equality vis-ÃÆ'à -vis the company or by other principles orfiduciary duties, such as the à ¢Ã¢â ¬Ã
âabuseà ¢Ã¢â ¬Ã of majority powers or the à ¢Ã¢â ¬Ã
âfraudà ¢Ã¢â ¬Ã on theminority. To sum up, each jurisdiction is free to shape autonomously thecontours of this principle. In addition, there is no shared view among legalscholars and among member states regarding the content of the principle ofequal treatment 13 . The shareholders should get same rights within each class. The shareholders who belong to the same class must form one group and would be entitled to the same rights. Each share in that group represents the same claim on corporate assets, returns, dividend etc[6]. Dividend Distributions Shareholders are to be treated equally with respect to dividend distribution if they form same group. When dividend is decided to be distributed, each shareholder must receive dividend equal to the dividend paid to the other shareholders placed equally in the particular class[7]. Dividend is the share of profit that falls to the share of each individual member of a company[8]. There is no express authority in the articles of association or memorandum of association to enable company to pay dividends. It is implied. There is no set amount which is distributed to the shareholders. Without prescribed criteria for distribution, the shareholders would have no control or would have no awareness as to when the management could allot more dividends to some shareholders ignoring others. Variation of Shareholders rights subject to voting The share capital of a company is divided into two groups:- ordinary shares and preference shares[9]. Both these constitute separate class. The rights attached to one class of shares may be different from other class. A shareholder who has a pre-emptive right to purchase shares on further issue of shares constitute separate class and this right must not be taken away from him without his consent[10]. If the rights attached to the class need to be altered, certain procedure need to be followed. Firstly, there should a provision in the articles of association or memorandum of association of the company entitling it to vary such class rights. Secondly, the holder of three-fourth of the issued shares of that class must have given their consent in writing or a special resolution sanctioning the variation must have been passed at a separate meeting of the shareholders of that class. Thirdly, the holders of at least ten percent of the shares of that class who did not consent to or vote in favour of the resolution may apply to the tribunal and then variation shall not take effect unless and until it is confirmed by the tribunal[11]. The application should be filed within 21 days of the date of consent or resolution.[12] The tribunal then should grant to the applicant or any other person who apply to the tribunal a hearing[13]. If the tribunal after having regard to all the circumstances of the case, is satisfied that variation would unfairly prejudice the shareholders of that class, it would be disallowed. But if it is reasonable and fair, it would be confirmed. The decision of the tribunal is final n this regard[14]. The company shall thereafter send within thirty days a copy of the Tribunals order to Registrar[15]. Right to receive share certificate Company allots shares for public subscription. The persons who apply for such shares and subscribe for such shares become shareholders of the company[16]. Thus, an allottee of shares receives from a company a document known as share certificate certifying that he is the holder of specific number of shares in the company. The company has to deliver a certificate to the allottee within three months from the allotment. The central government may extend the period to nine months. In case company makes a default in this regard, the allottee may give a notice to company reminding of its obligation and if still company doesnà ¢Ã¢â ¬Ã¢â ¢t make good the default within 10 days, the allottee may approach the central government. Thus, the delivery of the share certificate must be effected in accordance with section 53 of the Act[17]. Right to transfer the shares subject to restrictions Shares are movable property as provided by section 82 of the companies Act, 1956[18]. Shareholders by virtue of statute has a right to transfer the shares without the consent of anybody to any person , even though he be a man of straw, provided it is bona fide transaction in the sense that it is absolute disposal of property without retaining any interest in the shares therein[19]. The shares are freely transferable subject to restrictions laid down in the articles of a company, if any. A restriction which is not specified in the articles is not binding either on a company or shareholders[20]. Section 111A provides for free transferability of shares and allows a shareholder to transfer as he may think fit and approach the Company Law Board for registering transfer. If there are restrictions on transfer, then the shares must be first offered to existing shareholders and if they refuse then shares can be transferred to outsiders. There are number of case laws dealing with the subject -matter. In v.b rangaraj v. v.b gopalkrishnan[21], This case is related to private limited company, whereby it has two branches of family as shareholders. It was agreed orally by them that there should be no change in the proportion of shareholding and if any member wants to sell the shares then he must sell first to his own branch. The thing to note here is that the restriction that was placed was orally and not provided in the articles. The Supreme Court stated that shares are freely transferable and unless the restriction is provided in the articles of association, no private agreement can be taken as binding on the company or shareholders. Such private agreement is void ab initio. In Mafatlal Industries Ltd. v. Gujrat Gas Co. Ltd[22], This decision of the Gujarat High Court has an important point to make with respect to public limited company. Here, a shareholder sells 3.87 shares in an open market. The Court stated that the decision laid down in the above cited case holds true for the public limited company too. In M.s. Madhusudhanan v. Kerala Kaumudi Pvt. Ltd[23], This is in reference to private company. The case stems from the family dispute that arose out of an agreement which provided that there should not be any change in structure of the shareholding among the family. It also provided that in case of death of two shareholders, the shares would get transferred to Madhusudanan in certain percentage. This case seems to be similar to Rangaraj case dicussed above. However, the court distinguished this case with the former one stating that transfer of shares was specific and number of shares were identified in which company need not be a party. In Western Maharashtra Development Corporation v. Bajaj Auto Limited[24], In this case, in the year 1974, Western Maharashtra Development Corporation Ltd and Bajaj Auto ltd entered into an agreement whereby they decided to enter into joint venture and name it as Maharashtra Scooters Limited and accordingly company got incorporated as public company. The shares were listed on NSE and BSE. WMDC held 27 percent and Bajaj Auto held 24 percent, and 49 percent of public holding. There was an agreement between the two promoter shareholders that restricted the transfer of shares and it was provided in articles of association too. The agreement specifies that if any wants to sell the shares then the first offer to buy should be given to other party at such price as may be agreed. If other party agrees to purchase the shares within 30 days of such offer, then the selling party must sell the shares. Where the party agrees to buy but the price is not acceptable then such dispute should be referred to arbitration. The petitioner desired to sell the shares to Bajaj Auto at a price of Rs. 232.20 per share which was not acceptable by the petitioner. According to the terms, the dispute should be referred to the sole arbitrator. The arbitrator after considering all the circumstance b y an award directed to sell shares to Bajaj Auto at a price of Rs. 151.63 per share. Thus, the award of the arbitrator didnà ¢Ã¢â ¬Ã¢â ¢t go down well with the petitioner and hence, the petitioner petitioned to the Bombay High Court. The petitioner contended that the agreement restricting the transfer of shares was illegal and void as against section 111A of companies Act, 1956. Section 111A provides for free transferability and hence any agreement that restricts the transfer would be void and any award passed on it would have no meaning and could be set aside. Section 34 of the Arbitration and Conciliation Act, 1996 allows for setting aside arbitral award. On the other hand, Bajaj Auto files counter argument and states that agreement was valid because an agreement was not binding on all the shareholders but it binds two shareholders. The restriction was there in the article of association. Moreover section 111A doesnà ¢Ã¢â ¬Ã¢â ¢t prohibit the restriction on transfe rability when it is agreed between specific particular shareholders providing for specific shares. However, Single Judge ofBombay High Court held that the word à ¢Ã¢â ¬Ã
âfree transferabilityà ¢Ã¢â ¬Ã appearing in section 111A is of widest amplitude and legislature has made its intention clear by using the word freely transferable, that shareholders can transfer freely. Any agreement and articles of association providing for restriction on transfer would be violative of section 111A of the Companies Act and thus is void and the award based on it is void and illegal too. In Messer Holding Limited v. Shyam Madanmohan Ruia and Others[25] This decision has overruled the decision laid down in the above cited case of Bajaj Auto that transfer of shares is contrary to section 111A of the Act. In this case, Bombay Oxygen Ltd, (defendant) is a listed company. The majority shareholder was the Messer holding there was an agreement which provided that German company would acq uire shares and provide know-how to the company. It was specified in the agreement that if either wants to sell shares then it must first be offered to other party except some of the situations. The arguments were that agreement was violative of section 111A and was also void because of fraud and misrepresentation. In this case, the Court looked into the relevance of section 111A and came to the observation that section 22A of SCRA, 1956 provided for free transferability in registered company in the year 1986. It said that company may refuse transfer on specified points. The section was adopted to fight the arbitrary powers of board of directors to refuse the transfer of shares. It is noteworthy to mention that section 22A was adopted to curb the powers of board of directors and not to curb the power of shareholders to transfer the shares by entering into agreements. Later, section 22A was deleted and new section 111A was adopted. It also provided for curbing the power of board o f directors and also specified that board of directors cannot refuse to register transfer unless there is sufficient cause to do it. The Court states that right of shareholder is not restricted and if that was the intention of the legislature then it would have made an express provision in that regard. Therefore, the words à ¢Ã¢â ¬Ã
âfreely transferableà ¢Ã¢â ¬Ã donà ¢Ã¢â ¬Ã¢â ¢t curtail the right of the shareholder to enter into agreement with third party for transferring of shares. If the company desires to curtail that right of shareholders, should provide that expressly in articles of association or in the Act. Analyzing the decision of the Court, it could be seen that agreement relating to transfer of shares can be enforced and it doesnà ¢Ã¢â ¬Ã¢â ¢t violate free transferability of shares with respect to section 111A. Moreover, it is required to be specified in the articles of association. After Messer Holding Case, the scenario has changed for transfer of shares. The ruling of the Messer holding emphasized on the fact that agreement to transfer the share is shareholders matter among themselves and not between shareholders and company. Company is not a party and thus the effect of it is that agreement is legal and valid and not violative of section 111A of companies Act, 1956. It emphasizes that restriction to transfer remains in the contract/agreement that is among the shareholders and it doesnà ¢Ã¢â ¬Ã¢â ¢t find mention in the articles of association and thus it binds the shareholders and not the company[26]. The ruling of Messer Holding gave some respite to the shareholders as they are free to transfer and restrict by placing terms in the agreement but the issue remains open for the company. By keeping company out of the agreement of shareholders, the terms of the contracts cannot be inserted into articles of association and therefore the company cannot be restricted to transfer shares as the agreement is not bi nding on the company. So if company transfer shares in violation of terms of the agreement, shareholder would not have any remedy, as company was out of the agreement. Company law Board would not have jurisdiction as there was nothing in the articles of association. Shareholder should resort to civil jurisdiction then which is time-consuming and lengthy. Considering that the terms of agreement are placed in articles of association, it wonà ¢Ã¢â ¬Ã¢â ¢t be valid as seen from above cited cases. Restriction on transfer of shares with respect to companies act, 2013. The companies Act, 2013 has cleared the picture with respect to transfer of shares to some extent. Section 44 of the Act is akin to section 82 of the companies Act, 1956 which provides for that share of a company is movable property, transferable in a manner provided by the articles of the company. It is noteworthy here to mention that companies Act, 2013 provides for separate provisions for public company and privat e company. Clause (1) of section 58[27] provides for private company and clause (4) provides restriction of transfer of shares in public limited companies on sufficient cause. Clause (2) of the section mentions that shares are freely transferable and a proviso has been added which says that contract or agreement among shareholders inter se shall be enforceable as a contract. It is still not clear though as to what is sufficient cause in this regard. [1] Section 87, Companies Act, 1956 [2] Anirudh Laskar Aveek Datta, Sebi plans platform for minority shareholder, Mint, Nov, 2011, available at https://www.livemint.com/Companies/VJqplNNF2GtbOdYv24KwKN/Sebi-plans-platform-for-minority-shareholders.html [3] OECD, Equal treatment of shareholders and protection of their rights, available at https://www.oecd.org/daf/ca/corporategovernanceprinciples/1930044.pdf [4] OECD Principles of Corporate Governance, OECD 2004, Available at https://www.oecd.org/corporate/ca/corporategovernanceprinciples/31557724.pdf [5] Victor Brudney, Equal Treatment of shareholders in Distributions and Reorganization, California Law Review, Article 9, Volume 71, Issue 4, July 1983, available at https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2127context=californialawreview [6] Ibid [7] Ibid [8] AVTAR SINGH, COMPANY LAW, 381, Eastern Book Company, Eighteenth Edition, 2005 [9] Section 85, companies Act, 1956 [10] Cumbr ian Newspapers Group Ltd v. Cumberland and Westmorland Herald Newspaper and Printing Co. Ltd (1986) 1 WLR 26 [11] Section 107(1), Companies Act, 1956 [12] Section 107(2), Companies Act, 1956 [13] Section 107(3), Companies Act, 1956 [14] Section 107(4), Companies Act, 1956 [15] Section 107(5), Companies Act, 1956 [16] AVTAR SINGH, COMPANY LAW, Eastern Book Company, Eighteenth Edition, 2005, pg 187 [17] This section requires delivery by post or by personal delivery [18] Section 82, Nature of shares-The shares or other interest of any member in a company shall be movable property, transferable in the manner provided by the articles of the company. [19] Avtar Singh, COMPANY LAW, 142, Eastern Book Company, Eighteenth Edition, 2005 [20] Ibid [21] (1992) 1 SCC 160 [22] 1997 [23] (2003) VOL. 117 Comp Cases 19 [24] 2010 [25] 2010 (Appeal No. 855 of 2003 in Notice of Motion No. 534 of 2002 in Suit No. 509 of 2001 and Notice of Motion Nos. 1308 and 3956 of 2005, 4118 of 2007 and 1973 and 1418 of 2008) [26] Suresh, Restriction on Transfer of shares in public Company, January 15, 2012 available at https://www.lawyersclubindia.com/articles/Restriction-on-Transfer-of-Shares-in-a-Public-Company-4407.asp#.U3nzJ1K6Zdg [27] Section 58- (1) If a private company limited by shares refuses, whether in pursuance of any power of the company under its articles or otherwise, to register the transfer of, or the transmission by operation of law of the right to, any securities or interest of a member in the company, it shall within a period of thirty days from the date on which the instrument of transfer, or the intimation of such transmission, as the case may be, was delivered to the company, send notice of the refusal to the transferor and the transferee or to the person giving intimation of such transmission, as the case may be, giving reasons for such refusal. (2) Without prejudice to sub-section (1), the securities or other interes t of any member in a public company shall be freely transferable: Provided that any contract or arrangement between two or more persons in respect of transfer of securities shall be enforceable as a contract. (3) The transferee may appeal to the Tribunal against the refusal within a period of thirty days from the date of receipt of the notice or in case no notice has been sent by the company, within a period of sixty days from the date on which the instrument of transfer or the intimation of transmission, as the case may be, was delivered to the company. (4) If a public company without sufficient cause refuses to register the transfer of securities within a period of thirty days from the date on which the instrument of transfer or the intimation of transmission, as the case may be, is delivered to the company, the transferee may, within a period of sixty days of such refusal or where no intimation has been received from the company, within ninety days of the delivery of the instrument of transfer or intimation of transmission, appeal to the Tribunal. (5) The Tribunal, while dealing with an appeal made under sub-section (3) or subsection (4), may, after hearing the parties, either dismiss the appeal, or by orderà ¢Ã¢â ¬Ã¢â¬ (a) direct that the transfer or transmission shall be registered by the company and the company shall comply with such order within a period of ten days of the receipt of the order; or (b) direct rectification of the register and also direct the company to pay damages, if any, sustained by any party aggrieved. (6) If a person contravenes the order of the Tribunal under this section, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees.
Wednesday, December 18, 2019
The Effects Of Lowering Stress On College Students
There isnââ¬â¢t a better, more comforting feeling, than coming home after a long, hard day at work or school and being welcomed at the door with a wagging tail, wet kisses, and an excited to see you face from your dog. For many, having any sort of interaction with a pet or animal is the ultimate cure to stress that is caused by work, people, and life. While not every college student is able to have a loving pet in their lives, even a momentary encounter with any animal can lower stress and anxiety levels. Multiple studies have proven that animals are a powerful form of stress relief by not only lowering blood pressure, but also lowering a dangerous stress hormone, cortisol, which is correlated with depression and anxiety. Interactions with animals have also proven to raise oxytocin levels, which are linked to pleasure, relaxation and happiness. Lowering stress and anxiety in college students will help them academically and socially throughout their college lives. College students will experience lower stress levels, a lower level of cortisol, and live a happier stress-free life by interacting with animals or pets throughout their time in college. With more and more college students becoming depressed and anxious, researchers have been working hard to try and improve college student lifestyles. According to Therese Borchard, associate editor of World of Psychology, at least 44 percent of American college students reported feeling symptoms of depression this past year (Borchard).Show MoreRelated Lowering the Legal Minimum Drinking Age Essay1622 Words à |à 7 PagesThe issue of underage drinking has become a major problem, especially on college campuses. But, underage drinking is not purely the root of all accidents related to alcohol. The real problem lies within the unsafe underage drinking habits amongst youth. There are ways that these alcohol-related accidents can be avoided. 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Some students,parents, and educators say that it is morally wrong for a child to spend their entire life going to public school for free and having them to just turn around and pay for college. The students, parents, and educators all would agree that the cost of obtaining a college degree should indeed be free. Those who are against this issue believe that the students themselves or their parents who are financially able should pay for someRead More A Look at Meditation Essay986 Words à |à 4 Pagesat Meditation à à à à à In this modern day and age, the negative effects of stress are unavoidable. People have tried various methods to help cope with stress, everything from exercise and diet to alternative methods like biofeedback. However, the most effective method to deal with stress is not one of these modern methods but rather a 5,000 year-old idea: Meditation. 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Tuesday, December 10, 2019
Asus Industry Analysis free essay sample
As a leading manufacturer AsusTek is able to perfectly meet the needs of todayââ¬â¢s digital home and office. Inspiring Innovation is the foundation that we stand by. We strictly adhere to our ââ¬Å"Asus way of total quality managementâ⬠within every line we offer. Computer manufacturing company AsusTek offers a wide variety of technology consisting of laptops, personal computers, motherboard, broadband products, graphic cards, liquid crystal display, mobile telephones, pocket pcââ¬â¢s, server motherboards, server systems, computer accessories and peripherals. Jonney Shih (Chairman of ASUSTek Computer Inc. ) ââ¬Å"Success stems from the generation of new ideas to create a world of constant flux and change, an open environment where exciting possibilities emerge. That is inspiring innovationâ⬠is the philosophy that the company stands behind. AsusTek strives to not only be the leading consumer technology brand but to remain focused on safeguarding our planet by producing eco-free products. We produced the industries first lead-free and halogen-free motherboard. Overseas a green supply chain management system maintains an online database of green vendors. According to the RoHS industry guidelines they restrict 6 hazardous substances but we further restrict an addition 31 substances for the safety of our customers, employees, and the earth From Environmental Analysis To Industry Analysis. Environmental to industry analysis * 2008, joined with Intel and Tsann Kuen Enterprise, to launch ââ¬Å"PC Recycling for a Brighter Futureâ⬠(collects and recycles old notebooks, PCs, and LCD monitors) * 1,200+ used products were refurbished and donated to needy users * Produced first lead-free and halogen-free motherboard First notebook manufacturer to receive EPD and EU Flower Eco certificates * Received recognition for efficient design at 2011 Energy Star Award Ceremony Apple products are lead, BFR, PVC, and mercury free. Glass used for production is arsenic-free. Determinants of Industry, Profit, and Competition * I remember you saying something about the chart below 4/15/2011 ASUS Recognized for Energy Efficient Product Design at 2011 ENERGY STAR Award Ceremony 1/6/2011 ASUS Ranked Highest Among Environmentally Friendly Electronic Products in the 2010 Greenpeace Electronics Survey 10/20/2010 ASUS Receives Top Marks from Electronics TakeBack Coalition for Recycling Efforts 10/19/2009 ASUS Produces the Worlds First Notebook Computer to Receive Carbon Footprint Certificate 10/12/2009 ASUS EPD and Carbon Footprint Experience Sharing and Awarding Ceremonyà 7/31/2009 ASUS Releases Corporate Sustainability Report for Fiscal Year 2008, Receiving the GRI-checked Application Level B Icon 4/10/2009 ASUS Strikes EPEAT Gold Again with VH Series LCD Monitors 2/2/2009 ASUS Leads the Way for Greener Computing with Launch of Halogen-free Product Processes across Major Product Linesà 12/26/2008 ASUS N20A Notebook receives WinHEC Award 12/10/2008 ASUS Conferred Worlds First EuP Certification for Portable Notebooks for Its N Series Notebooks 11/21/2008 ASUS Becomes Worlds First to Receive Both EU Flower and Czech Eco Label Awards for Computersà 10/1/2008 ASUS New N series Notebooks First to Earn EPEAT-Gold The Determinants of Industry Profit. Demand and Competition Despite growing consumer demand for PCs and tablets, industry profit will continue to fall because of intense price competition. To boost profitability, manufacturers will shift their focus away from consumer PC ales to more enterprise-oriented offerings, such as servers. The proliferation of cloud computing will prompt companies to increase their server investments. Analyzing Industry Attractiveness Porters 5 Forces of Competition: 1. In a continuously growing industry ASUSTek finds itself among large amounts of competition. Its direct rivals include Apple Inc. , Dell, and HP. 2. Threat of substitutes is low due to a very brand loyal industry with the top 5 manufacturers holding over half of the market share. 3. Threat of new entrants is low considering the top competitors are so powerful. Computer Technology as an industry that seeââ¬â¢s new companies entering and exiting each year, but brand loyal customers who demand cutting edge technology stick with those powerful manufacturers. 4. There isnââ¬â¢t a certain supplier that has control over the market. 5. There is not one customer in particular that has an effect on this industry. Technology: In recent years technological advances have assisted everyone from parents, to businesses and their employees in simplifying everyday tasks. Advanced PCââ¬â¢s, netbooks, tablets, and smartphones of recent years have started becoming our main source of communication and information collection. Computer manufacturers see new trends like touchscreen, wireless capabilities, or voice command enter the industry, and suddenly all of them are altering their products to not only stay competitive but to meet their suppliers derived demand. Extended battery life, overall size, faster processing, cloud computing, and sync capabilities are some of the new technologies that each manufacturer offers in their own way. Competition from Substitutes Taiwanese website NCCC have posted images of what they claim to be the next generation Asus EEE Pad, codenamed ââ¬Å"TF300Tâ⬠. From the images the only specs known are a 10. 1? screen and a rear camera. The model number ââ¬Å"TF300Tâ⬠suggests that this could be the next version in the Transformer lineup after the original Transformer (TF101) and Transformer Prime (TF201). Threat of entry ASUSTek is the worldââ¬â¢s top 3 leading consumer notebook vendor and maker of the best-selling and most award winning motherboards. Operating at such a high level in an industry like computer technology is not an easy task, even more difficult for those companies in their infancy stages. New entrants in computer technology face the daunting task of competing with organizations like ASUSTek whose reputation is as strong as their customerââ¬â¢s loyalty. In an industry as advanced as computer technology, large amounts of funding are necessary to test and develop new pieces of hardware. This also makes competition more difficult for new entrants whose budget may not allow them the ability create and test several lines of product. Asus has not only developed over 16 tried and true product lines, they are now altering them with renewable materials like leather and bamboo, revolutionizing the industry yet again. In order for ASUSTek to succeed in this ultra-competitive IT industry, they focus on speed-to-market, cost and service. Asus has developed a strong advantage in their product design, technology, quality, and value/cost. These strengths are marketed directly to the hearts of our loyal consumers, and have created a formula for success that is hard to duplicate. Rivalry Between Established Competitors * ASUS: Eee Pc VS. Lenovo ThinkPad Trends The current trend has been the tablet pc. It is light-weight, convenient and fairly cheap to purchase. Laptops with the highest performing components are also high in demand. I did some cross-referencing research by looking at who has the best product out today and compared it to the overall leading company in the industry. I found the companies with the best current products They are as follows; 1. HP had 17. 7% market share, compared to 17. 3% in last yearââ¬â¢s third quarter. 2. DELL had an 11. 6% share of the market, compared to 12. 2% last year 3. APPLE took third place, with 12. 9% share. 4. ACER had a 10. 6% share in the third quarter, compared to a 14. 2% share last year. 5. SONY has a 11. 6 share in the third quarter, compared to a 12. 2% last year Then, the leading manufactures (based on consumer reports, link above) 1. ACER had a 10. 6% share in the third quarter, compared to a 14. 2% share last year. 2.
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