COMLAW 203 : Company Law
Business and Economics
2021 Semester Two (1215) (15 POINTS)
Course Prescription
Course Overview
Companies are the most dominant legal structure for doing business. Decision makers take advantage of the benefits of a company business structure while avoiding pitfalls and legal liability. Understanding the rules that govern companies is therefore a significant advantage. Includes an analysis of the nature of a company, incorporation and share capital, the concept of separate legal entity, how a company interacts with the world and the roles of the stakeholders in a company including directors and shareholders. Generous provision of tutorials supplements the lectures to provide a learning experience in which key concepts are reinforced and opportunities for discussion are nurtured. Presentation skills are essential within modern companies and consequently they are an essential focus of the learning and assessment. The textbook is authored by department staff which allows a close link between theory and application.
Capabilities Developed in this Course
| Capability 1: | Disciplinary Knowledge and Practice |
| Capability 2: | Critical Thinking |
| Capability 3: | Solution Seeking |
| Capability 4: | Communication and Engagement |
| Capability 5: | Independence and Integrity |
Learning Outcomes
- Explain and apply the fundamental concept of separate legal entity, and critically evaluate its wider social and policy implications. (Capability 1 and 2)
- Decide how the rules regarding the division of powers between shareholders and directors apply to factual situations and recommend solutions. (Capability 1 and 3)
- Analyse the duties and liabilities of directors and the remedies available to shareholders. (Capability 1 and 2)
- Identify the options available for companies to raise finance and determine optimal stakeholder outcomes. (Capability 1 and 3)
- Identify the options available to directors, shareholders and creditors when the company is insolvent. (Capability 1 and 3)
- Present and discuss an assessed team presentation within tutorials and reflect on this from an individual perspective. (Capability 4.1, 4.3 and 5.1)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Final Exam | 50% | Individual Examination |
| Test | 20% | Individual Test |
| Presentation | 30% | Group & Individual Coursework |
| 3 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |||||
| Final Exam | ||||||||||
| Test | ||||||||||
| Presentation | ||||||||||
Workload Expectations
This course is a standard 15 point course and students are expected to spend 10 hours per week involved in each 15 point course that they are enrolled in.
For each week of this course, you can expect approximately 3 hours of lectures, a 1 hour tutorial, 3 hours of reading and thinking about the content and 3 hours of work on assignments and/or test preparation.
Delivery Mode
Campus Experience
Attendance is expected at scheduled activities including tutorials/workshops to complete components of the course.
Lectures will be available as recordings. Other learning activities including tutorials/workshops will be available as recordings.
The course will not include live online events.
Attendance on campus is required for the test/exam.
The activities for the course are scheduled as a standard weekly timetable.
Learning Resources
A coursebook will be available and the textbook is:
Professor Julie Cassidy (general editor), Michael Josling, Dr Benjamin Liu, Dr Alan Toy, Guidebook to New Zealand companies and securities law, CCH New Zealand Limited, Auckland New Zealand, 2018, (Edition 9)
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Digital Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course coordinator, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Learning Continuity
In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.