COMLAW 303 : Receiverships and Reconstructions

Business and Economics

2024 Semester Two (1245) (15 POINTS)

Course Prescription

A business in difficulty may fail or it may be rehabilitated. Receiverships and Reconstructions looks at aspects of business failure and near failure including informal workouts, formal business rescue regimes, company receiverships and personal bankruptcy. Students will develop the skills and expertise to operate in these fields.

Course Overview

All business entities will face insolvency issues, whether as a debtor or creditor.  This course looks at the roles, responsibilities and liabilities of insolvency practitioners. Insolvency practice includes practising as a “company doctor”, overseeing formal and informal workouts for financially distressed businesses and practicing as a company receiver, administrator and liquidator. The course is also designed to be relevant for students not specifically seeking a career in insolvency practice but who are interested in business rescue and business failure generally. Thus, it is highly useful for those working for lenders.  The course also exposes students to some of the ethical issues facing insolvency practitioners.  Course delivery will consist of lectures and workshops.  Class participation is encouraged.  

Course Requirements

Prerequisite: COMLAW 203 or LAW 417

Capabilities Developed in this Course

Capability 1: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Commerce

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify the conflicting policies in insolvency law and critique how their application, by courts and the government, affects stakeholders and society as a whole. (Capability 1.1 and 2.2)
  2. Describe the consequences of personal bankruptcy for debtors and creditors, and recommend the most suitable ways to avoid bankruptcy. (Capability 3.2, 4.1, 5.1 and 6.2)
  3. Identify the legal means by which a company can deal with insolvency (both as a debtor and creditor) and advise which options are most beneficial in given situations. (Capability 3.1, 4.1 and 8.2)
  4. Explain and advise how voluntary administration impacts on companies, creditors, and other affected parties, and recommend ways in which the position of these stakeholders can be optimised. (Capability 5.1 and 8.2)
  5. Describe how a receivership operates, and how it affects the company, secured creditors, and other stakeholders. (Capability 3.2, 4.2 and 6.2)
  6. Identify the legal and socio-economic issues that arise from a corporate restructure and critique how these issues have been addressed by the courts and government. (Capability 1.1, 2.2, 3.2, 4.2 and 5.2)

Assessments

Assessment Type Percentage Classification
Test 15% Individual Test
Practical 20% Group & Individual Coursework
Assignment 10% Individual Coursework
Final Exam 50% Individual Examination
Workshop 5% Group Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Test
Practical
Assignment
Final Exam
Workshop

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 this course, you can expect 36 hours of lectures/workshops, 60 hours of reading and thinking about the content and 24 hours of work on assignments and/or test preparation.

Delivery Mode

Campus Experience

Attendance is expected at scheduled activities including workshops.
Lectures will be available as recordings. Other learning activities including workshops will be available as recordings.
Attendance on campus is required for the test/exam and the practical assignment.
The activities for the course are scheduled as a standard weekly timetable.

Learning 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.

There is no prescribed textbook.  Resources are provided to students, on Canvas, throughout the course, with recommendations for further reading.

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.

Will provide more guidance on assignment requirements.

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 for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

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 course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, 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 students may be asked to submit 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. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 08/11/2023 04:57 p.m.