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Course:- Business Law and Ethics
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Reference No.:- EM13841433




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a) Identify and evaluate the principles of company law as they apply to various business structures and organisations

b) Describe business structures and the associated legal implications

c) Compare and contrast the fiduciary and statutory responsibilities of persons involved in various business organisations towards one another and third parties

d) Apply basic concepts and principles of company law to commercial situations. Analyse and synthesise information in accordance with those concepts and principles and select appropriate courses of action

e) Evaluate and describe current corporate law in public policy

Assessment 1

Purpose: This assessment is designed to allow students to demonstrate an understanding of the laws covered in the subject, and the implications of these laws for business situations and structures, so as to identify issues and develop solutions. This contributes to Learning outcomes a and d.

Topic: Legal implications for business structures.

Purpose: To allow students to demonstrate their ability to research and apply basic concepts and principles of company law, and to analyse and synthesise information in accordance with those concepts and principles. This assessment relates to Learning Outcomes b, d and e.

Assessment 2

Topic: Company Director's and responsibilities

Task Details: Take home assignment consists of number of problem scenarios where students are required to find the law and analyse the legal implications.

The analysis and recommendations are to be presented in a professionally presented report of 2000 + words.

Assessment 3

Purpose: The purpose of the final examination is to test your understanding of course concepts and your ability to apply these concepts. The examination may cover materials used in tutorials, class discussions and/or from the readings. This assessment contributes specifically to Learning Outcomes a, b, c, d and e

Topic: The examination may cover content from any part of the entire subject.

Task Details: The exam may consist of short answer and problem-based questions, where students will be required to apply business law to a range of given situations, explaining the implications and proposing recommendations/appropriate courses of action.

1. Advise KOI administration by phone and in writing as soon as possible, but no later than three (3) working days after the exam date, that they will be / were absent and the reasons. They will be advised in writing (email) as to whether the circumstances are acceptable.

2. Complete a Request for Deferred Exam Form (available from the Reception Desk and on the KOI Website (Forms), as soon as possible and submit to Reception - this may be sent as an email attachment to extensions@koi.edu.au if the student is unable to attend KOI in person.

3. Provide acceptable documentary evidence in the form of a medical certificate, police report or some other form that will be accepted by KOI 4. Agree to attend a deferred exam as set by KOI - please note that there will only be one deferred exam - failure to attend this may mean students are unable to complete (pass) the subject and will need to re-do the entire subject.

PART 1:

Register a Proprietary Limited Company. You should refer to Section 117 of the Corporations Act, complete an application form and prepare all relevant consents.

You must have a share register for each class of shares - refer to section 169.

Prepare a constitution; see Section 134 & 135 so that your company's internal management is governed by a combination of replaceable rules ( NB DO NOT REPRODUCE THE REPLACEABLE RULES IN YOUR ASSIGNEMENT) and a constitution. The constitution should make a provision for a class of preference shares -refer to section 254A (2) of the Corp. Act

PART 2

Explain the reason and justification for the following sections of the Corporations Act :- Section 254M (1); Section 124; and Section 232. Your explanation of each of the section carries 5 marks - total 15% WORD LIMIT - 200 words per explain.

Answered:-

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Winding Up:

If the Directors think that they cannot have a going concern assumption of their company then they should plan to wind up the company. For winding up, liquidator needs to be appointed who will ensure that all the dues and obligations are met before the company gets liquidated. Liquidator can only be appointed only after passing a special resolution and this resolution needs to be passed only at the general meeting by the members of the company.

After all the dues are paid to company’s creditors then the balance amount will be paid to the members of the company. If any property or asset is not yet sold then members have the option to take over such assets of the company. But if the company failed to pay the dues to its creditors then members are liable to pay the due amount to its creditors. Members cannot escape from such liability. It is compulsory for members t o pay the due amount.




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