LAWCOMM 755 : Corporate Finance
Law
2022 Semester Two (1225) (30 POINTS)
Course Prescription
Course Overview
The topic of this course is various restructuring policies that firms carry on around the world. We will analyze their motivation and consequences in an international context. Besides small changes of operations, corporations engage in 3 different types of major restructuring policies: (1) corporate transformations or asset sales; (2) bankruptcy and corporate reorganization; and (3) mergers or large acquisitions. We will cover these three major policies with a focus on their financial consequences in various legal environments.
Capabilities Developed in this Course
| Capability 1: | Disciplinary Knowledge and Practice |
| Capability 2: | Critical Thinking |
| Capability 3: | Solution Seeking |
| Capability 4: | Communication and Engagement |
Learning Outcomes
- Understand the law and finance of bankruptcy, corporate restructuring and takeovers in the US (Capability 1.1, 2.1, 2.2, 3.1, 3.2, 3.3 and 4.1)
- Understand the decision-making processes of corporate managers, shareholders, creditors, unions and financial specialists (Capability 2.1, 2.2, 2.3, 3.1, 3.2, 3.3 and 4.1)
- Understand and critically evaluate the investment law and its potential decision-making process of corporate boards (Capability 2.1, 2.2, 2.3, 3.1 and 3.2)
- Understand raising capital on foreign markets (Capability 2.1, 2.2, 3.1 and 3.3)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Class participation | 10% | Individual Coursework |
| Research outline | 10% | Individual Coursework |
| Research research | 80% | Individual Coursework |
| 3 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |||||||
| Class participation | ||||||||||
| Research outline | ||||||||||
| Research research | ||||||||||
The 10% class participation marks comprises two elements.
1. Each student will “lead” a discussion on a particular seminar topic during the semester. Each seminar topic will have a series of readings allocated to it, along with some guided questions. The student(s) nominated to lead the discussion will be asked to be the main contributor and facilitator of class discussion on that particular topic.
2. Each student is expected to make individual contributions to the seminar discussions throughout the course. Students will be individually assessed on the quality of their contributions as set out below.
Criteria and marking for class participation (10%)
♦ The extent of preparation for leading the discussions, in particular the analysis of the reading materials and guided questions
♦ The depth and thoroughness of understanding of the reading materials and guided questions
♦ The ability to draw worthwhile conclusions in the class discussion
♦ Thoughtfulness of contributions
♦ Generally, engagement in class and respect for fellow students
Research Outline
The research outline component comprises three elements.
1. Each student must submit a research outline to Canvas. The research outline should commence with an abstract that outlines the proposed research question and main thesis of the student’s research essay. The research outline then should provide an outline of the structure of the proposed research essay. This structure should follow Appendix 7 of the New Zealand Style Guide (3rd edition). That is, it should contain Major headings, Minor Headings, Sub-Headings and Paragraph Headings.
2. In the final class, each student will orally present their research question and main thesis to the rest of the class. Each presentation need not be no longer than 5-10 minutes.
Essay
Each student is required to submit a research essay of no more than 12,500 words, including footnotes.
The essay is to be original work, relying on secondary and primary sources, on an evidence or criminal procedure topic of the student’s choosing. It MUST be the work of the enrolled student. Another person, other than the enrolled student, MUST NOT write the essay nor do the research on behalf of the enrolled student. Plagiarism is forbidden and, in that regard, each student should read the University’s plagiarism policy and adhere to it.
Students must also use proper legal citations. The essay should be comprised of properly crafted sentences as note form is unacceptable. The use of sub-headings and a table of contents is encouraged — and footnotes rather than in-text referencing should be used. All essays are to comply with the New Zealand Law Style Guide.
Descriptive essays are not encouraged. Instead students are expected to engage with relevant legal issues (of their own choosing) by: explaining and critiquing the law and its underlying policies; providing a conceptual analysis of the law; examining the operation of the law in practice; and developing proposals for reform.
Extensions will not be granted on the grounds of work commitments (but will be granted on sickness and compassionate grounds) and must be requested formally through the Postgraduate Manager.
Criteria and Marking
Students will be individually assessed on the quality of their contributions with reference to the following criteria:
♦ the extent to which the student has identified the important and relevant issues
♦ the depth and thoroughness of understanding of the seminar material
♦ the strength and clarity of the arguments presented
♦ the extent to which issues are placed in their wider context
♦ the analysis and synthesis of material
♦ the ability to draw worthwhile conclusions
Workload Expectations
Delivery Mode
Online
Attendance is expected at scheduled online activities including seminars to complete the components of the course.
The course will include live online events including group discussions and lectures and the lectures will be recorded.
Study material will be available at course commencement.
This course runs to the University semester timetable and all the associated completion dates and deadlines will apply.
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.
The course will be taught over five days commencing on a Wednesday and concluding at the end of the following Tuesday. Classes will be interactive and hopefully, very friendly. It will, however, be necessary for students to do the pre-reading for the course so that they get the most out of the materials under discussion.
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.
Other Information
Law Student Centre Level 2, 1-1 Short St
postgradlaw@auckland.ac.nz
Study Programme
The course can be studied under an LLM, MLS, MTaxS or a PG Certificate in Law. If you wish to complete this course as a stand alone course you may do so under a Certificate of Proficiency (COP). The Certificate of Proficiency provides students with the opportunity to supplement their current knowledge before proceeding to advanced study, or undertake a small number of courses in specific areas without enrolling in a formal qualification.
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 director, 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 Student Academic and Support Adviser 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.