Collinsville

In: Business and Management

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EMA – Processo Penal

Perdi duas aulas

06/03/12

Açao Penal pode ser classificada em publica ou privada.

(...)

Para haver o oferecimento de uma acao penal ha necessidade de existir a justa causa. O órgão acusador necessita de prova de existência do crime (geralmente materialidade) e indícios mínimo de autoria. Em regra devem estar presentes no inquérito policial.

É no inquérito policial que devem estar os elementos básicos para o oferecimento da ação penal.

Hipoteses de instauração do inquérito policial:

1- De ofício: pelo delegado, mas deve haver um objetivo definido. 2- Requisicao do MP ou juiz requisita a instauração de inquérito policial. 3- Requerimento da vítima: noticia de crime. Se for acao penal incondicionada o delegado pode instaurar o inqueriro.

Policia militar: estadual – policiamento extensivo preventivo
Policia Civil: estadual – apuração dos crimes `policia judiciaria`
Policia Federal: ambas as funções no âmbito federak

(...)

Excecao ao Inquerito policial: termo circunstanciado

(...)

Peça

Enderecamento no cabeçalho

Excelencia: tratamento dado a qualquer autoridade que tenha poder de estado.

Quando nao ha tratamento de excelência, ha o tratamento de ilustríssimo.

Delegado de Policia: opcional tratar como excelentíssimo.

Senhor Doutor – facultativo

Estado do Rio de Janeiro ou RJ

Falar sempre em 3a pessoa.

Inicia com o nome da parte, apos qualificação, vem, por seus advogados, apresentar noticia de crime (destacar o nome da peca) em face de xxx, qualificar a parte, pelos fatos que passo a expor/pelos fatos e fundamentos/pelo que passo a narrar.

Ordem: dos fatos, do direito, do pedido. Pode ser dividido em capítulos ou nao, questão de estilo. Mas tem que seguir esta ordem.

Convencer o delegado de policia que a narrativa configura o crime.

Pedir instauração de inquérito se for crime comum e pedir lavratura de termo…...

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American Chemical

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American Chemical Corp Case Analysis

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Dixon Corporation

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American Chemical Cooperation

...chemical company in US, is considering the purchase of a sodium chlorate plant located in Collinsville, Alabama. The Collinsville plant is now managed by American Chemical Corporation (American), one of largest diversified chemical companies in US. Acquisition of the Collinsville plant fit well with Dixon’s strategy of supplying chemicals to paper and pulp industry. Dixon and American had reached an agreement of $12 million purchase price to acquire the Collinsville plant’s net asset. As a part of the deal, American would give Dixon an ongoing technical support of the laminate technology, a new technology developed by American to reduce the power cost by 15% to 20% and eliminate graphite cost. American ensured to realize laminate technology and make it available to the Collinsville plant. The installation of laminate was scheduled for December 1980 and would charge Dixon $2.5 million, one-time cost depreciated over a period of 10 years. Dixon planned to fund the $12 million purchase price entirely with debt capital. This funding plan would temporarily increase Dixon’s book debt-to-total capital ratio to approximately 47% and would initially raise Dixon’s book debt ratio above its target deb ratio for the consolidated company of 35%. To determine the viability of the acquisition, Dixon needs to conduct net present value (NPV) analysis to determine whether Dixon can purchase Collinsville plant and whether Dixon can invest laminate technology. Under the NPV analysis,......

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American Chemical Corporation

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American Chemical

...1979, American Chemical Corporation (ACC) avoided a preliminary injunction from the US government by agreeing to divest its sodium chlorate plant in Collinsville, Alabama. The result of this action was ACC executing a hostile takeover of Universal Paper Corporation. Now that ACC is required to sell its Collinsville plant, there is an opportunity for Dixon Corporation to acquire the plant for $12 million along with a $2.25 million investment for upgrading to a new technology. Statement of the Problem The CEO and Board of Directors at Dixon Corporation need to decide if they will approve the acquisition of the Collinsville plant at the price and on the terms proposed. Discussion Dixon Corporation The Dixon Corporation is a specialty chemicals company that sells primarily to the paper and pulp industry. Its main plant is located in Calhoun, Georgia, and its sales are focused in the Southeastern United States. Dixon's principal line of products includes sulfuric acid, aluminum sulfate, and liquid sulfur dioxide. The company has been consistently profitable for years, and sales at Dixon have grown from $19 million in 1975 to over $42 million in 1979 . The profits after taxes have nearly quadrupled from 1975 to 1979, and the stock price has gone up five-fold in the same period. The Collinsville Plant The Collinsville plant can produce 40,000 tons of sodium chlorate per year. The facility has 20 cell tanks that house the "D cells". These cells use graphite......

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American Chemical

...Introduction Dixon Corporation, a U.S.-based chemical company, is mulling on buying a plant from American Chemical Corp. American Chemical’s Collinsville plant makes sodium chlorate for the paper and pulp industry. Dixon will have to pay $12 million as purchase price for the plant. It may also pay $2.25 million to complete the laminate technology developed by the plant’s research and development staff, which is expected to improve the plant’s efficiency. Dixon already has transacted business with some of American Chemical’s major customers. Dixon, however, believes that the acquisition will enable it to widen product lines and penetrate the paper and pulp industry. Analysis To determine the economic feasibility of the acquisition, we can compute for the NPV of the acquisition, with or without the new technology. The NPV will show whether the Collinsville purchase will increase shareholder’s wealth or lead the company to insolvency. Under the net present value method, the weighted average cost of capital is used as the discount rate to calculate the present value of future cash inflows. Hence, for the case study, we will compute for the WACC, prepare projected cash flows then compute the NPV. Solution WACC The all-equity beta (β) of Dixon is 1.06. We assume that we could have a beta of 1.9 for the production of sodium chlorate, basing from the betas of other chemical firms. We could re-lever Dixon’s beta by using its 35% target......

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American Chemical Corporation

...1. Executive Summary Dixon, an American specialty chemical producer, wants to buy Collinsville plant from American Chemical Corporation, another typical chemical company in 1979. Dixon wants to diversify its product line buy acquiring the aforesaid plant, which produces sodium-chlorate to supply to paper producers in Southeastern part of the US. This plant initially cost 12 mln. USD and additional 2,25 mln. USD needed to buy laminate technology to increase efficiency and profitability of the plant in order. Dixon has conducted thorough marketing research for the industry providing cash flow analysis on purchase of the plant. The cash flow analysis based with and without laminate technology cases, where the company should decide whether it should go on further to buy that plant and technology. 2. Calculating of WACC 2.1 Assumptions for calculations in the case:  Plant life is 10 years (p.4)  Salvage value of plant is 0 (p.4)  Book value of plant at end of 1979 is 10.6 million (=12 million purchase price - 1.4 million working capital)  Tax rate is 48% (calculated from Exhibit 7)  For the period from 1980 to 1984: all data of sales, depreciation and manufacturing and other costs are given in the case (Exhibit 8)  For the period from 1984 to 1989 we use the below assumption: - Price growth rate is 8% (p.4) - Power cost growth rate is 12% (p.4) - Net working capital is always 9% of sales (Exhibit 8, current asset and liability items remain historical to sales) ...

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Collinsvile Case Study

...Collinsville case study 1. Which firms are the “identical twins” of the Collinsville investment? Using the β’s for those assets and the methodology learned in this course, determines the appropriate discount rate for the Collinsville investment. We are interested in obtaining the asset beta for Collinsville investment. Here from the reading material, we find there were altogether 6 chemical companies that produce sodium chlorates. They are Hooker, Pennwalt, American, Kerr-McGee, Brunswick and Southern. However, since we are evaluating the addition of a sodium chlorate plant, the two firms (Brunswick and Southern) who specialize in producing sodium chlorate are likely the best “twins”. To determine the asset betas of each company, we need to debt and equity. Here we just use the average number (from year 1977-1978) of debt and equity of each company to calculate it. Since the beta for debt is 0, by plugging these into the unlevering beta calculation of E/(D+E) * βE giving the asset beta column in Table 1. Taking simple average of asset betas giving the number of 0.91. Then we just need to calculate the proper discount rate using CAPM model. Given the risk premium of 6% and risk free rate of 8.5% (9.5%-1%), we get the discount rate (Opportunity cost of capital of the project) which is 14.87%. 2. Calculate the net present value of the Collinsville plant without the laminate technology. Remember that the transaction takes place at the end of 1979. To calculate the...

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Dixon Corporation

...Corporation: The Collinsville Plant (Abridged) Case Analysis Prepared by Renee Meier, Cohort B November 12, 2010 Prepared For Brett Hunkins MBA 634: Measurement II Richard DeVos Graduate School of Management Meier, 2 Dixon Case Analysis Introduction Dixon Corporation, a specialty chemical company is considering the purchase of a sodium chlorate plant in Collinsville, Alabama. This opportunity will allow Dixon to expand its market and product line. Because of the location of the plant and its’ current market share, the Collinsville plant seems to be a good fit with the current business already established at Dixon. Dixon has a successful track record in the specialty chemical business and is evaluating the impact of the purchase. A case analysis is provided to understand the financial implications and to determine under what conditions the purchase should be made if made at all. The Collinsville plant is being sold by American Chemical Company as a condition of their purchase of Universal Paper. They are eager to sell. The asking price is $12 million and they are offering new laminate technology for an additional $2.25 million. The technology has not been fully implemented and is expected to roll out in late 1980, almost a year after the original purchase. American Chemical has pledged product information and technical support throughout the year with full support upon roll out. The case is prepared with two scenarios: Purchase of the Collinsville plant without......

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