Course Title: Apply legal principles in corporations and trusts law

Part B: Course Detail

Teaching Period: Term2 2014

Course Code: BAFI5205C

Course Title: Apply legal principles in corporations and trusts law

School: 650T TAFE Business

Campus: City Campus

Program: C6113 - Advanced Diploma of Accounting

Course Contact : Colin Byron

Course Contact Phone: +61 3 9925 5464

Course Contact Email:colin.byron@rmit.edu.au

Name and Contact Details of All Other Relevant Staff

Nominal Hours: 60

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

None

Course Description

This unit describes the performance outcomes, skills and knowledge required to apply legal principles in corporations and trusts law matters.

This course will commence from Semester 2 2014. The course will be co-delivered with ACCT5316C Monitor Corporate Governance activities.

National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:	FNSTPB501A Apply legal principles in corporations and trusts law
Element:	3. Apply knowledge of law to business structures.
Performance Criteria:	3.1 Collect and collate business information for analysis 3.2 Interpret, analyse and process available information to obtain required knowledge 3.3 Seek advice and guidance of specialist expertise where required, to interpret, analyse and synthesise 3.4 Provide advice based upon identified facts and relevant law.
Element:	4. Maintain legal knowledge.
Performance Criteria:	4.1 Relavant legal sources are reviewed regularly and any changes are applied in daily work 4.2 Systems for maintaining up-to-date knowledge about relevant legal aspects of corporations and trusts lawe are put in place and used.
Element:	1. Research legal aspects of corporations and trusts law.
Performance Criteria:	1.1 Research corporation and trusts law and related legislation, regulation and practice 1.2 Identify different types of corporations and trust transactions and clearly outline their legal context, establishment procedures and purpose 1.3 Identify relevant legal principles applying to corporations and trusts matters.
Element:	2. Analyse issues and risks associated with the operation of a business
Performance Criteria:	2.1 Identify areas of risk in the application of law in corporations and trusts matters 2.2 Analyse how legal issues impact on different types of business structures 2.3 Evaluate the relevance and implication of risks for the structure, operation and performance of different types of business structures 2.4 Assess the ways in which risk mitigation is addressed in the formation and operation of different types of business structures.

Learning Outcomes

- Gain knowledge and understanding of the corporations and trusts law such that current statute, common law and equitable principles can be applied, to particular fact circumstances in order to provide advice.

- Draw conclusion having regard to the facts and relevant law.

- Access information on relevant legislation, statutes, regulation and legal judgements.

Details of Learning Activities

In this clustered / co-delivered, holistic course comprising two units and using the textbooks and other materials, students will be progressively introduced to skills and knowledge required to research corporate governance reporting trends, examine corporate governance standards and practices, and review compliance to develop and implement processes and procedures for meeting corporate governance obligations. They will also develop skills and knowledge required to apply legal priniples in corporations and trusts law matters. With respect to the full-time students, in-class activities will account for some of the nominal hours allocated to this course and will include a range of self-paced and collaborative learning activities such as class discussion, completion and review of set exercises and work, tests, team presentation and a comprehensive assignments in which parts involve a simulated/real workplace environment.

The hours of self-directed/self-paced learning by students will be taken up with reading, research, set work on exercises and the completion of the assignment outside scheduled class time. Please note that the format of the classes will in total, three hours per week. The learning activities described above will be covered in these classes and we expect you to participate and contribute in all scheduled learning activities..

Teaching Schedule

Please note that this course is clustered/co-delivered holistically as a group of two courses those being, ACCT 5316C - Monitor Corporate Governance Activities and BAFI5205C Apply legal principles in corporations and trusts law. As a result, other than the elements and the critical aspects specific to this course, the two course guides will depict the same information.

 

Week	Week Commencing	Topic Outline	Class Work	Assessment
1	July 7th 2014	Course support documents                                                           Online learning environment including Blackboard Grading Plagiarism Appeals/ Extensions Feedback / Privacy Submission requirements / Resubmission policy Where to get support Student responsibilities Corporate Governance Introduction Definition      Need for Good Corporate Governance Corporate Collapses Corporate Governance structures in Australia Corporate Governance Regulators Good Corporate Governance Standands	Lehman Video & Enron Case       Monitor Corporate Governance Activities (MCGA) text - Chapter 1 - Self starters, Review Questions 6, 7, 8, 9, 11 Assignment 1
2	July 14th 2014	Corporate Ethics Definition Importance of Ethics Ethical professional self regulation Company Code of Conduct	Develop a Code of Conduct for RMT Advanced Diploma students Read Modern Perils of Business Ethics article Review HIH case MCGA text Chapter 2 - Self testers, Review questions 2, 3, 4, 5 Assignment a
3	July 21st 2014	Internal Controls, Risk & Compliance Internal Control systems definition Controls The Control environment Types of Internal Controls Risk definition Types of Risk GFC Risk management Governance, Risk & Compliance	Read Internal Control framework at AMP MCGA txt Chapter 3 - self testers, Review questions 1, 2, 4, 5, 9, 11, 17 Chapter 4 self testers, review questions 1, 2, 3, 5, 8, 11, 12, 18, 10 Assignment Chapter 3 Barings Bank disaster
4	July 28th 2014	ASX Guidelines for Listed Companies  The role of the ASX ASX Corporate Governance Council Corporate Governance Principles and Recommendations	Review ASX Corporate Governance Principles and Recommendations (Ed 3) and Board of Directors Charter MCGA text Chapter 5 -self testers, Review questions 1, 2, 4, 5, 6, 8, 9, 10, 11, 12, 14
5	Aug 4th 2014	Chosing a Business Structure Types of Business structures Advantages / Disadvantages of Business structures	Corporations & Trusts Law (CTL) text Chapter 1 - self test exercises 1-7, True/False questions, Review questions 1, 2, 3, 5, 6, 7, 8, 9, 10	Complete and submit on-line test 1 assessment   Team presentation assignment available to students
6	August 11th 2014	The Company The Corporations Act 2001 Seperate Legal Entity Shareholders and Limited Liability Classification of Companies Registration Company obligations Promoters and Pre-incorporation contracts	CTL text Chapter 2 - True/False questions, Review questions 1, 2, 3, 4, 5, 7, 8, 10, 17, 20, 25, 26	Final assignment available to students
7	August 18th 2014	Management Division of power within a Company Types of Directors How directors are appointed Resignation and removal from office Appointment of Company Secretary Remuneration of Directos Membership	CTL Text - Chapter 3 - True/false questions, Review questions 1, 2, 3, 4, 5, 7, 8
8	August 25th 2014	Directors’ Duties Fiduciary Duties Statutory Duties The insolvent trading rule	CTL txt Chapter 4 - True / False questions, Review questions 1, 2, 3, 4, 5, 7, 8, 10, 11, 12, 13, 15, 16, 17
	Sept 1 - 7th 2014	MID SEMESTER BREAK
9	Sept 9th 2014	Share Capital & Fundraising Financial resources of a company Classes of shares Issuing of shares Retention of Capital Share buy-backs Going Public	CTL text Chapter 5 True/False questions, review questions 1, 2, 3, 4, 5, 7, 8, 12, 13, 16, 17, 18, 19
10	Sept 15th 2014	External Administration of Companies Voluntary Administration Receivership Winding Up or Liquidation	CTL text - Chapter 6 True / False questions, Review questions 1,2, 3, 5, 6, 7, 8, 10, 11, 12, 13, 14, 16, 17, 20
11	Sept 22nd 2014	Associations Unincorporated Associations Incorporated Associations Eligibility Not-for-profit Advantages and disavantages of Incorporation	CTL test - Chapter 7 True/false questions, Review questions 1, 2, 3, 4, 6, 7, 8, 9, 10
12	Sept 29th 2014		Legislation / Compliance Team presentation assessment
13	Oct 6th 2014	Trusts Elements of a Trust Types of trusts Continuity of Existence Winding up Trusts	CTL text Chap[ter 8, True /False questions, Review questions 1, 2, 3, 5, 6, 7, 9, 10, 11, 15, 17, 18, 20, 21, 22, 25, 26, 27
14	Oct 13th 2014	Accounts, Reporting & Auditing Corporate Repoprting Record keeping Financial Reporting Directors Report Continous Disclosure Main function of an Audit Independence Appointment and removal, duties and responsibilities of an auditor	MCGA text Chapter 16 - Self testers, Review questions 11, 12, 13 Chapter 17 Self testers, Review questions 5, 6, 7
15	Oct 20th 2014	Environmentally Sustainable Work Practices Sustainability Sustainability Policies & Legislation Developing Strategies and Implementing Change	MCGA text Chapter 20 Seld testers, Review questions 1, 2, 3, 4, 5, 8, 9, 11 Chapter Assignment	On-line submission of Final assignment   Complete and submit On-line test 2
16	Oct 27th 2014	Resubmissions

Learning Resources

Prescribed Texts

The Application of Legal Principles in Business - Corporations and Trusts Law - Penelope McCann	9781579905
Monitor Corporate Governance Activities - Mathew Fawcett	9781921579639

References

Other Resources

All othe resources are provided on Blackboard.

Overview of Assessment

Assessment may incorporate a variety of methods including technical requirements documentation, homework, assignments, projects,on-line exercises, on-line tests, problem solving exercises, direct observation of actual and simulated work practice, presentation of a portfolio of evidence which may comprise documents, and/or photographs and/or video and audio files, review of products produced through work-based or course activities.

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met. Students will be provided with feedback throughout the course to check their progress.

This unit is designed to meet regulatory requirements of the Tax Practitioners Board; assessment must reflect the constraints described by the regulator.

Assessment Tasks

Assessment may incorporate a variety of methods including technical requirements documentation, homework, assignments, group and/or individual projects, in class exercises, written and practical tests, problem solving exercises, presentations, direct observation of actual and simulated work practice, presentation of a portfolio of evidence which may comprise documents, and/or photographs and/or video and audio files, review of products produced through work-based or course activities.
Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met. Students will be provided with feedback throughout the course to check their progress

Assessment Tasks

You are required to complete the following:
1. Presentation
A practical case study will be provided to students. In teams of 2 , the students will be allocated a legislation topic for them to research and identify compliance shortcomings in the case study. The teams will present their recommendations and research to the class. A hard copy of the presentation (Powerpoint) will need to be handed to your instructor and a copy to be submitted online via Blackboard. To be successful in this unit of competency a student must be able to demonstrate competency in the required task.

2. 2 On-Line tests
The tests will incorporate muliple choice and true/false questions covering both units of the cluster. Both will be on-line tests (available in Blackboard) scheduled in week 5 and 15. These tests will be compentency based assessments with a Compentent (CA) grade required. Students will have multiple attempts to achive a CA grade. However more than one attempt will limit the student to a CA-Ent grade only..
Your teacher will discuss the assessment matrix for each assessment with the class at the beginning of the semester and prior to the assessment taking place. Each student will also receive this document completed by the teacher a the feedback with regard to performance in each assessment.

3. Assignment.
Students will be allocated a series of major assignment question to be completed and submitted on-line by week 15. The questionswill be a simulated work place scenarios that the students will need to carefully plan and address all relevant issues. The student must present their answers in the form of a business report as though providing advice to accounting or business clients. This assignment is used to determine competency. To be successful in this unit of competency a student must be able to demonstrate competency in the required tasks as outlined by the assignment.

Submission Requirements

Assessment tasks need to be submitted via Blackboard.
You should:
• Ensure that you submit assessments on or before the due date. If your performance in the assessment is affected by unexpected circumstances, you should consider applying for Special Consideration. Information on the process and application forms is available at http://rmit.edu.au/browse;ID=ls0ydfokry9rz website.
• Always retain a copy of your assessment tasks. (hard copy and soft copy)
• When you submit work for assessment at RMIT University you need to use a cover sheet that includes a declaration and statement of authorship. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of work for assessment is available on blackboard.

Marking Guide (competency):

Vocational Education and Training (VET) is based on current industry needs and the focus on preparing you for the workplace. Because VET courses are informed by practical application of knowledge and skills, they are based on a system known as ‘competency based training’ (CBT). So when you are assessed in VET it is about whether you are competent to do the job, as well as having a firm grasp on the knowledge and skills required to do that job, as opposed to traditional curriculum based education settings that are often based on knowledge retention.
You need to demonstrate you are competent in each element of the unit of competency you are studying.
You will receive feedback on each assessment task that will inform you whether you are competent or not and how well you are performing. Once competent in all elements of the unit you receive a competency grading.
Please refer to the Final Grades table below.
Marking Guide (Grading)
After achieving competency we then grade your performance in the unit; this gives you the opportunity to have the level of your performance formally recognized against industry standards and employability skills.
The grading is according to the following criteria:
1. LEVEL OF INDEPENDENCE, INITIATIVE, ENTERPRISE AND PERFORMANCE OF WORK TASK
We are looking for a high level of ability to complete all tasks independently as per the specifications as well as demonstrating a high level of initiative in your approach to your tasks
2. DEMONSTRATED BREADTH OF UNDERPINNING KNOWLEDGE AND A WILLINGNESS TO CONTINUE LEARNING
We are looking for depth of understanding of the key concepts and knowledge required in completing your tasks. You should be able to demonstrate a thorough understanding of all applicable requirements in all the assessment tasks.
3. TECHNIQUES & PROCESSES, TECHNOLOGY SKILLS AND PROBLEM SOLVING
We are looking for appropriate use of technology to assist in presenting all tasks clearly and suitable for the intended audience.
4. WORK ORGANISATION, PLANNING AND SELF MANAGEMENT
We expect to see timely submission of all required assessment tasks.
5. COMMUNICATION, PEOPLE NETWORKING, LANGUAGE AND INTERPERSONAL SKILLS AND TEAMWORK
We expect to see contributions to relevant discussions and scheduled collaborative sessions. In addition your team tasks will provide opportunities to demonstrate how well you work in a team.
Final Grades table:
CHD Competent with High Distinction
CDI Competent with Distinction
CC Competent with Credit
CAG Competency Achieved – Graded
NYC Not Yet Competent
DNS Did Not Submit for assessment
Further information regarding the application of the grading criteria will be provided by your teacher.

Late Submission Procedures

You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.
If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days.
More Information: http://www.rmit.edu.au/students/assessment/extension
Form to use: http://mams.rmit.edu.au/seca86tti4g4z.pdf
Where an extension of greater than seven days is needed, you must apply for special consideration. Applications for special consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination.
More Information: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
Form to use: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf
Resubmissions (VET Programs):
If you are found to be Not Yet Competent in a Course Assessment Task you will be allowed one resubmission only. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. The highest grade you will receive if your resubmission is successful is “CAG”.
If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.
Adjustments to Assessment
In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:
More Information: http://rmit.edu.au/browse;ID=7usdbki1fjf31

Assessment Matrix

Other Information

Late Submission Procedures

You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.
If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days.
More Information: http://www.rmit.edu.au/students/assessment/extension
Form to use: http://mams.rmit.edu.au/seca86tti4g4z.pdf
Where an extension of greater than seven days is needed, you must apply for special consideration. Applications for special consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination.
More Information: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
Form to use: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf

Resubmissions (VET Programs):
If you are found to be Not Yet Competent in a Course Assessment Task you will be allowed one resubmission only. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. The highest grade you will receive if your resubmission is successful is “CAG”.
If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.
Adjustments to Assessment
In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:
More Information: http://rmit.edu.au/browse;ID=7usdbki1fjf31

Course Overview: Access Course Overview