LAW5206 Corporations Law

LAW	5206	78139	2, 2008	EXT	Corporations Law	1.00	Toowoomba
Subject	Cat-nbr	Class	Term	Mode	Description	Units	Campus

Academic group:	FOBUS
Academic org:	FOB010
Student contribution band:	3
ASCED code:	090901

Staffing
Requisites
Other requisites
Synopsis
Objectives
Topics
Texts
Reference materials
Student workload
Assessment details
Important assessment information
Assessment notes
Production date
PDF version

STAFFING

Examiner: James Mayanja
Moderator: Craig Burgess

REQUISITES

Pre-requisite: LAW5201

OTHER REQUISITES

Students are required to have access to a personal computer, e-mail capabilities and Internet access to USQConnect. Current details of computer requirements can be found at <http://www.usq.edu.au/business/aboutfob.htm>.

SYNOPSIS

The objective of this course is to introduce students to the legal principles associated with partnerships, associations, trusts and corporations. In particular, students will be exposed to the Partnership Act and Corporations Law in detail and shall be required to be able to describe all appropriate legal principles dealing with such entities and the internal and external relationships thereof.

OBJECTIVES

The course objectives define the student learning outcomes for a course. The assessment item/s that may be used to assess student achievement of an objective is/are shown in parentheses after each objective. On successful completion of this course, students should be able to:

1.: define, analyse, illustrate and apply principles of partnership law (Assignment)
2.: describe, analyse and apply the basic principles of law affecting trusts (Assignment)
3.: identify problem areas of the law affecting unincorporated bodies and the consequences of having incorporated associations (Assignment, Examination)
4.: define, illustrate and apply principles of corporations law including those applicable to: the incorporation of companies; relations with third parties; membership; corporate governance; meetings and procedures of companies; finance of companies; external administration of companies (Assignment, Examination)
5.: demonstrate satisfactory skills in communication (Assignment, Examination).

TOPICS

	Description	Weighting (%)
1.	Partnerships	10.00
2.	Trusts	10.00
3.	Associations	5.00
4.	Incorporation of companies (background, significance, procedure)	10.00
5.	Relation with outsiders	10.00
6.	Membership (including shareholders' rights and minority protection)	10.00
7.	Corporate governance	15.00
8.	The life cycle of the company (meetings, reporting)	10.00
9.	Finance	10.00
10.	External administration	10.00

TEXT and MATERIALS required to be PURCHASED or accessed

ALL textbooks and materials are available for purchase from USQ BOOKSHOP (unless otherwise stated). Orders may be placed via secure internet, free fax 1800642453, phone 07 46312742 (within Australia), or mail. Overseas students should fax +61 7 46311743, or phone +61 7 46312742. For costs, further details, and internet ordering, use the 'Textbook Search' facility at http://bookshop.usq.edu.au click 'Semester', then enter your 'Course Code' (no spaces).

Partnership Act 1891 (Qld), Government Printer, Queensland.

2008, Australian Corporations Legislation, LexisNexis Butterworths/CCH, vol 1.

Lipton, P & Herzberg, A 2008, Understanding company law, 14th edn, Lawbook Co, Sydney, New South Wales.

REFERENCE MATERIALS

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.

Austin, RAP & Ramsay, IM 2007, Ford's principles of corporations law, 13th edn, LexisNexis Butterworths, Chatswood, New South Wales.

Baxt, R, Fletcher, K & Fridman, S 2003, Corporations and associations: cases and materials, 9th edn, LexisNexis Butterworths, Sydney, New South Wales.

Fletcher, KL 1986, The law relating to non-profit associations in Australia and New Zealand, The Law Book Co Ltd, North Ryde, New South Wales.

Fletcher, KL 2001, Higgins and Fletcher the law of partnership in Australia and New Zealand, 8th edn, LBC Information Services, Pyrmont, New South Wales.

Hanrahan, P, Ramsay, I & Stapledon, G 2007, Commercial applications of company law, 8th edn, CCH Australia, North Ryde, New South Wales.

Krever, R 2006, Mastering law studies and law exam techniques, 6th edn, LexisNexis Butterworths, Chatswood, New South Wales.

Sievers, AS 1996, Associations and clubs law in Australia and New Zealand, 2nd edn, The Federation Press, Leichhardt, New South Wales.

STUDENT WORKLOAD REQUIREMENTS

ACTIVITY	HOURS
Assessments	20.00
Directed Study	52.00
Private Study	93.00

ASSESSMENT DETAILS

Description	Marks out of	Wtg(%)	Due date	Notes
ASSIGNMENT	50.00	50.00	12 Sep 2008
PART A EXAM (MULTI-CHOICE)	10.00	10.00	END S2	(see note 1)
PART B EXAM (THEORY)	60.00	40.00	END S2

NOTES

1.: The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date for Exam (Parts A and B) after the timetable has been finalised. The total working time for Exam (Parts A and B) is 2 hours.

IMPORTANT ASSESSMENT INFORMATION

Attendance requirements:
If you are an international student in Australia, you are advised to attend all classes at your campus. For all other students, there are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
Penalties for late submission of required work:
If students submit assignments after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded.
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.
Examination information:
This will be an open examination. Candidates may have access to any material during the examination except the following: electronic communication devices (eg mobile telephones, pagers), bulky materials, devices requiring mains power and material likely to disturb other students.
Examination period when Deferred/Supplementary examinations will be held:
Any Deferred or Supplementary examinations for this course will be held during the next examination period.
University Regulations:
Students should read USQ Regulations 5.1 Definitions, 5.6 Assessment, and 5.10 Student Academic Misconduct for further information and to avoid actions which might contravene university regulations. These regulations can be found at <http://www.usq.edu.au/corporateservices/calendar/part5.htm>. Students should also read the Faculty of Business Policies and Procedures which can be found at <http://www.usq.edu.au/business/aboutfob.htm>.

ASSESSMENT NOTES

1.	Assignments: (i) The due date for an assignment is the date by which a student must despatch the assignment to the USQ. The onus is on the student to provide proof of the despatch date, if requested by the examiner. (ii) Students must retain a copy of each assignment submitted for assessment. This must be produced within 24 hours if required by the examiner. (iii) In accordance with university policy, the examiner may grant an extension of the due date of an assignment in extenuating circumstances. (iv) Assignments are to be submitted in the appropriate assignment folders. (v) The examiner will normally only accept assessments that have been written, typed or printed on paper-based media. (vi) The examiner will not accept submission of assignments by facsimile. (vii) Students who do not have regular access to postal services or who are otherwise disadvantaged by these regulations may be given special consideration. They should contact the examiner to negotiate such special arrangements. (viii) In the event that a due date for an assignment falls on a local public holiday in their area, such as a show holiday, the due date for the assignment will be the next day. Students are to note on the assignment cover the date of the public holiday for the examiner's convenience.
2.	Course weightings: Course weightings of topics should not be interpreted as applying to the number of marks allocated to questions testing those topics in an examination paper. The examination may test material already tested in assignments.
3.	Deferred work: Students who, for medical, family/personal, or employment-related reasons, are unable to complete an assignment or to sit for an examination at the scheduled time may apply to defer an assessment in a course. Such a request must be accompanied by appropriate supporting documentation. One of the following temporary grades may be awarded: IDS (Incomplete - Deferred Examination); IDM (Incomplete Deferred Make-up); IDB (Incomplete - Both Deferred Examination and Deferred Make-up).

This version produced 28 Aug 2009.