COMLAW 304 : Business Structures for Enterprises

Business and Economics

2023 Semester One (1233) (15 POINTS)

Course Prescription

Business advisers need to be familiar with a wide variety of business structures other than companies. Emphasis is on the most common of these including franchises, joint ventures, trading trusts, partnerships, unincorporated societies and State Owned Enterprises in order to ensure that advisers are familiar with their merits and legal consequences of utilising these structures.

Course Overview

This course is primarily concerned with understanding the law governing business organisations in addition to limited liability companies previously studied in COMLAW203. The course examines a wide variety of structures available to investors in business – comparing and contrasting the advantages and disadvantages from a legal point of view. 

The theme adopted in this course is to contrast the law governing more traditional structures, such as partnerships and joint ventures, with that governing relatively new or developing ones such as state owned enterprises and Maori entities. 

The course is presented by leading academics with experience in practise, making the course highly practical and contemporary.   

Course Requirements

Prerequisite: COMLAW 203

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
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Commerce

Learning Outcomes

By the end of this course, students will be able to:
  1. Select the business structures which are appropriate for the operation of particular businesses, and explain why those particular structures are appropriate (Capability 1, 4.3 and 5.1)
  2. Analyse legal issues including fiduciary obligations that may arise when operating under different legal structures and apply this to solve a legal problem (Capability 1, 2 and 3)
  3. Apply legal problem solving skills and communicate the legal analysis clearly in a variety of professional formats (Capability 3, 4.2 and 4.3)
  4. Identify and analyse legal issues pertaining to partnerships, limited partnerships joint ventures, State Owned Enterprises, Co-operative business organisations, Societies and Trusts (Capability 3, 4.2 and 5.1)
  5. Identify and analyse the issues surrounding the choice of an appropriate Maori Enterprise and Business structure(s) (Capability 3, 4.2 and 6)
  6. Identify and analyse the role that taxation plays in the choice of which legal structure to use (Capability 1, 3 and 4.2)
  7. Apply team work strategies to develop and communicate legal analysis and reflect on this team work experience. (Capability 3, 4.2 and 4.3)

Assessments

Assessment Type Percentage Classification
Test 10% Individual Test
Assignments 25% Individual Coursework
Final Exam 60% Individual Examination
Workshop 5% Group Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6 7
Test
Assignments
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, 24 hours of reading and thinking about the content and 90 hours of self-study, work on assignments and/or test preparation.

Delivery Mode

Campus Experience

Attendance is expected at scheduled activities including lectures and workshops to receive credit for components of the course.
Lectures will be available as recordings. Other learning activities including workshops will be available as recordings.
The course will generally not include live online events.
Attendance on campus is required for the workshop, test and exam.
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.

Power points will be provided for each topic.

Links to recommended readings will be available on Canvas for this course.

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.

Further to student feedback we have included revision on key aspects of company law and reduced the content that focused on franchises.

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.

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 01/11/2022 09:42 a.m.