Course Title: Corporations Law
Part B: Course Detail
Teaching Period: Term1 2011
Course Code: LAW5136
Course Title: Corporations Law
School: 650T TAFE Business
Campus: City Campus
Program: C6070 - Advanced Diploma of Business (Legal Practice)
Course Contact : Andrew Webster
Course Contact Phone: +61 3 9925 5458
Course Contact Email:andrew.webster@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Nominal Hours: 51
Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
Pre-requisites and Co-requisites
LAW5040 Legal Process [VBM898]
Course Description
This module covers types of companies and development of company law, companies and alternative business structures, regulation of companies, company promoters and pre-registration contracts, company constitution/replaceable rules, a company’s dealings with outsiders, registration of a company, membership – rights, obligations and remedies, capital raising by a company, company management, company takeovers, external administration, winding up and associations.
If you are undertaking this course in Melbourne from semester 2, 2012 onwards your teacher will advise you if you require access to a computer for the course. It is recommended that you have access to a mobile computing device to allow greater flexibility in terms of where you can work on campus outside class times.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VBM910 Corporations Law |
Learning Outcomes
1. Specify and analyse the development of company law, compare alternative business organisations with companies, and contrast different types of companies.
2. Determine, specify and assess the authority, duties and liabilities of company promoters, the nature of a company’s internal governance rules, and specify and apply the procedure necessary to register a company.
3. Examine the nature and regulation of shares and shareholding, and members’ rights, obligations and remedies.
4. Examine the nature and regulation of company finance.
5. Analyse and assess the nature and regulation of company management.
6. Analyse the regulation of company takeovers.
7. Examine the nature and reasons for external administration of a company.
8. Analyse the processes and purpose of liquidation and winding up of a company, and the consequences for the company and its creditors.
9. Analyse the legal nature of associations, and the powers, duties and liabilities of members and office bearers.
Details of Learning Activities
Students will study the principles of Company and Associations Law in class sessions, practical sessions and through prescribed exercises and assessment work. These concepts will also be explored through the investigation of the application in the real world and simulated environments
Teaching Schedule
|
Week 1 7th February |
Define "Company". The development of company law, a comparison of alternative business organisations. | |
| Week 2 14th February |
A comparison of various types of companies | |
| Week 3 21st February |
Company promoters and registration | 5 Portfolio tasks 1 - 5 on Learning Outcomes 1- 4, (Part1) worth a total of 15% to be distributed between weeks 3 - 8 (inclusive). |
| Week 4 28th February |
The Company’s internal governance rules. Dealings with Outsiders. | |
| Week 5 7th March |
Dealings with outsiders. Role of Directors. | |
| Week 6 14th March |
Shares and shareholding. Members rights, obligations and remedies. | |
| Week 7 21st March |
Members rights,obligations and remedies. Th nature and regulation of company finance, debentures and charges. | |
| Week 8 28th March |
The nature and regulation of company finance, debentures and charges. | |
| Week 9 4th April |
Class test (Open Book). | Class test 1 worth 35% on Learning Outcomes 1 - 4 (inclusive). Open Book. |
|
Week 10 11th April |
Directors, Company management | Part 1 Portfolio tasks worth 15% to be submitted with assignment cover sheet |
| Week 11 18th April |
Takeovers | 4 Portfolio Tasks, 6 - 9 on Learning Outcomes 5 -9, (Part 2), worth a total of 15%, to be distributed between weeks 11 - 15 (inclusive). |
| Mid Semester Break 21st April - 27th April | ||
| Week 12 2nd May |
External Administration | |
| Week 13 9th May |
External administration | |
| Week 14 16th May |
External Administration | |
| Week 15 23rd May |
Associations | |
| Week 16 30th May |
Class Test (Open Book). |
Class test 2 worth 35% on Learning Outcomes 5 - 9 (inclusive). Open Book. Part 2 Portfolio tasks worth 15%, to be submitted with Assignment Cover Sheet. |
| Week 17 6th June |
Feedback/Deferred Assessments | . |
Learning Resources
Prescribed Texts
"Company Law", Hinchy, R & McDermott, P. 2nd edition. Pearson Prentice Hall |
9781442503229 |
References
Lipton, P & Herzberg, A. "Understanding Company Law", 13th editions. The Law Book Company |
Other Resources
Australian Securities and Investment Commission http://www.asic.gov.au
Australian Legal Information Institute http://www.austlii.edu.au/
Centre for Corporate Law and Securities Regulation http://cclsr.law.unimelb.edu.au/
Overview of Assessment
Assessment consists of written tests and assignments
Assessment Tasks
1. Written Test 1 (Covering learning outcomes 1-4) - 35%
2. Written Test 2 (Covering learning outcomes 5-9) - 35%
The written tests, under open book conditions, will focus on the student’s ability to solve problems and provide meaningful solutions to a set of questions asked of them. The tests will be conducted in the classroom and will cover the elements set out in the learning outcomes.
3. Portfolio
The portfolio will be based on a collection of newspaper, magazine, journal articles, statutory and/or regulatory documents relating to any of the learning outcomes. Students are expected to determine and set out legal issues set out in the articles and/or to complete the tasks set by the teacher, for example but not limited to, answering questions, filling out documents.
The portfolio will be divided into two parts as follows;
Part 1 covering Learning Outcomes 1 to 4 - 15%
Part 2 covering Learning Outcomes 5 to 9 - 15%
The student will be required to undertake research and assessment practice outside of regular class times. Homework exercises are provided to the student to facilitate their learning in a self-paced manner and form part of the overall achievement of the learning outcomes in this course. Students are reminded that they are expected to conduct an equal amount of time outside of class, research and furthering their understanding of the concepts being taught, as they do in class to be deemed to have passed this course.
To pass this course, students must satisfactorily complete all assessments and have a total mark of not less than 50%
Assessment Matrix
| Learning outcomes | Test 1 | Portfolio | Test 2 |
| 1) Specify and analyse the development of the company, compare alternative business organisations and contrast different types of companies | X | X | |
| 2) Determine, specify and assess authority, duties and liabilities of promoters, the nature of a company’s internal governance rules, specify and apply procedure for registration of company. |
X | X | |
| 3) Examine nature and regulation of shares and shareholdings, members’ rights, obligations and remedies. | X | X | |
| 4) Examine nature and regulation of company finance | X | X | |
| 5) Analyse and assess nature and regulation of company management | X | X | |
| 6) Analyse regulation of company takeovers | X | X | |
| 7) Examine the nature and reasons for external administration of a company | X | X | |
| 8) Analyse processes and purpose of liquidation and the consequences for the company and its creditors | X | X | |
| 9) Analyse the legal nature of associations, the powers, duties and liabilities of members and office bearers | X | X |
Course Overview: Access Course Overview