HA3021 T2 2021 Corporations Law
HA3021 T2 2021 Corporations Law
|Assessment Details and Submission Guidelines|
|Unit Title||Corporations Law|
|Assessment Type||Individual Assignment|
|Assessment Title||Case Study on Corporations Law|
|Purpose of the assessment (with ULO Mapping)||The purpose of the Individual Assignment is to provide students with an opportunity to demonstrate their level of learning of the various key concepts taught in the unit and apply them in analysing and answering two case problems by citing the relevant legal rules and cases and applying these to the facts of the case. In this Individual Assignment, students are required to: Reflect critically on the legislation and the relevant case law relating to the different business structures, in particular corporations and partnerships, and apply legal principles to real case situations. (ULO 2)Analyse the incorporation process and explain the laws and regulations that govern the different forms of legal entities including the significance of the concept of separate legal entity. (ULO 3)Analyse the roles and duties of directors in the management of the company and the responsibilities of members in a company. (ULO 4)|
|Weight||40% of the total assessments|
|Word limits||Assignment draft – 1000 words (for answers to Questions 1 and 2) Final Assignment report – 2500 words (for answers to Questions 1, 2, 3 and 4) with full academic references|
|Due Dates||Week 6 – Assignment draft due Week 9 – Final Assignment due Weeks 10 – 13: Individual Oral Presentations|
|Submission Guidelines||All work must be submitted on Blackboard by the due date along with a completed Assignment Cover Page.The assignment must be in MS Word format, no spacing, 12-pt Arial font and 2 cm margins on all four sides of your page with appropriate section headings and page numbers.Reference sources must be cited in the text of the report, and listed appropriately at the end in a reference list using the AGLC style.|
The purpose of the Individual Assignment is to provide students with an opportunity to demonstrate their level of learning of the various key concepts taught in the unit and apply them in analysing and answering two case problems by citing the relevant legal rules and cases and applying these to the facts of the case.
Instructions: Please read and re-read carefully to avoid mistakes.
- The individual assignment is about various topics covered in this unit. There are four questions to be answered. All questions are mandatory.
- The individual assignment is worth 40% of the total marks in this unit.
- This individual assignment comprises two separate submissions: an assignment draft and a final assignment. Each submission is worth separate marks.
- Questions 1 and 2 are included in Part 1 of the Assignment Instructions (see below). These are the two questions that you must answer in your Assignment Draft.
- Questions 3 and 4 will be released at the end of Week 6 in Part 2 of the Assignment Instructions, This is the same time that you must submit your assignment draft. Answers to Questions 3 and 4 must be included with your answers to Questions 1 and 2 and put in your final assignment.
6. For the avoidance of doubt, your final assignment submission must contain answers to
all four questions, Questions 1, 2, 3 and 4.Failure to include answers to any questions in your final submission will cause your assignment to be penalised.
- Assignment draft: you are required to produce a written draft of your answer. The answer must cite relevant sections of law and cases that you specified in your answer plan. In addition, your draft must include a list of academic references that you have researched for your assignment.
- Due date: end of Week 6
- Weight: 15% of the total individual assignment marks
- Length: 1000 words (for answers to Questions 1 and 2)
- Minimum number of references: 6
- Final assignment: you are required to submit the final version of your assignment. The final version must include an official Holmes Institute cover sheet, as well as academic referencing (either in-text or footnotes) and a full Reference List.
- Due date: end of Week 9
- Weight: 25% of the total individual assignment marks
- Length: 2500 words (note: this word count is for the complete assignment and includes your answers to Questions 1, 2, 3 and 4)
- Minimum number of references: 6
- Word count limits are strictly enforced. A deduction of two (2) marks will be imposed for every 50 words over the word count for either part of the report. Anything over the word count will not be read by your lecturer.
- The total word count for the report must be clearly written on the cover sheet of the assignment. A paper will not be marked if the word counts are not written on the cover sheet.
Individual Oral Presentation
You are required to present your answers in a short oral presentation that will be delivered during the live interactive online tutorials. Presentations will run from Weeks 10 to 13. Your lecturer will schedule the particular tutorial when you will present. Each oral presentation will last for five (5) minutes and will involve you briefly presenting the answer to the question and answering questions posed by your lecturer.
- Presentation dates: Weeks 10 to 13
- Weight: 10% of the total mark in this unit
- Length: 5 minutes
The individual oral presentation is an integral part of the assessment schedule in this unit. Any student who submits a written assignment but does not do an oral presentation in class will not have their assignment marked and their mark released until a presentation has been completed.
- All assignment submissions must be done online and run through SafeAssign. No hard copies are to be submitted.
- You must attach the official Holmes Institute cover sheet to your assignment and upload on Blackboard.
- The assignment must be submitted via SafeAssign on Blackboard and show a similarity percentage figure. Any assignment that does not show a SafeAssign similarity percentage will not be marked and be required to re-submit.
- Late submissions will be subject to Holmes Institute policy on student assessment submission and late penalties (please refer to subject outline and Student handbook).
- All reports are expected to observe proper referencing in accordance with the Adapted Harvard Referencing style (please see below).
- In general, for written reports, a SafeAssign similarity percentage of 25% or below is acceptable. Regardless of the similarity figure, all assignments must use in-text citation and observe proper referencing rules.
- All assignments are expected to strictly follow Holmes Institute’s Academic Conduct and Integrity Policy and Procedures. A copy of the Policy is available on the Holmes Institute home page. (About Holmes > Policies) This policy is also explained in your Student Handbook.
- Plagiarism and contract cheating in any form will not be tolerated and will have severe consequences for the students found committing the same, including receiving zero (0) for the entire assignment and possible failure in the unit.
- Any assignment that is found to contain fake or bogus references or references that are clearly irrelevant to the subject matter of the assignment will receive an automatic zero (0) mark.
- You are required to turn on your video camera and show your face during the individual oral presentation. You are expected to wear appropriate business attire during the conduct of your individual presentation.
Adapted Harvard Referencing
Holmes has now implemented a revised Harvard approach to referencing:
- Reference sources in assignments are limited to sources that provide full-text access to the source’s content for lecturers and markers.
- The Reference list should be located on a separate page at the end of the essay and titled:
- It should include the details of all the in-text citations, arranged A-Z alphabetically by author surname. In addition, it MUSTinclude a hyperlink to the full text of the cited reference source.
P Hawking, B McCarthy, A Stein (2004), Second Wave ERP Education, Journal of Information Systems Education, Fall, http://jise.org/Volume15/n3/JISEv15n3p327.pdf
- All assignments will require additional in-text reference details, which will consist of the surname of the author/authors or name of the authoring body, year of publication, page number of content, the paragraph where the content can be found.
“The company decided to implement an enterprise-wide data warehouse business intelligence strategies (Hawking et al., 2004, p3(4)).”
(Hawking et al, 2004, p3 (4))
[author] [year] [page] [paragraph]
Non – Adherence to Referencing Guidelines
Where students do not follow the above guidelines:
- Students who submit assignments that do not comply with the guidelines may be required to resubmit their assignments or incur penalties for inadequate referencing.
- Late penalties will apply per day after a student or group has been notified of resubmission requirements.
Students whose citations are identified as fictitious will be reported for academic misconduct.
- Read the questions below and plan your answers.
- Prepare a draft for your answer. Once you receive your lecturer’s comments and feedback on your draft, you are then required to answer additional questions presented and finalise your answers.
- Follow the word counts specified for each individual component of the individual assignment.
- A minimum of 6 genuine and relevant Australian legal references are required for this part of the report. Examples of relevant references for this question include the Corporations Act 2001 (Cth); the Australian and Securities and Investment Commission’s (ASIC) website (www.asic.gov.au), the website of the Australian Business Register’s (ABR) website (www.abr.gov.au).
- The full citations for all sources cited in your answer must be listed in a Reference list at the end of your answer.
- In addition, any online sources cited in your answer and listed in your Reference List must include a valid hyperlink that allows access to the full text of the source.
Milton Friedman, a famous economist, once said the only purpose of a company was for it to make profits for its shareholders. Many disagree with this statement and believe that a company is a privileged body which must conduct itself for the benefit of society, not just in the interests of shareholders. With reference to the theory of corporations, make a comment on the various roles that could be perceived for a company in Australia. (6 marks; maximum 400 words)
Jacob, a company secretary, wishes to take a holiday. Jacob realises he needs to leave someone in charge of company administration who will also report appropriately to the directors. Jacob asks the head of accounting within the company to carry out his role as company secretary, which includes attending certain company meetings with the directors, particularly when negotiating serious contracts.
When Jacob goes on holiday, the accountant assumes Jacob’s role. He attends certain meetings where he is introduced as the company secretary, even though he has not been officially appointed. The accountant is requested to close a few deals by the directors, which he does, though he forgets certain instructions as to how the company’s customers should pay and. in particular, approves a loan by the company’s bank to a colleague, which he guarantees on behalf of the company.
The directors find the various mistakes made by the accountant on certain contracts and want to cancel those contracts. The loan taken by the accountant’s colleague has not been paid, and is unlikely to be paid in the future. The company directors are refusing to honour any of the commitments made by the accountant.
What are the rights of these particular outsiders when dealing with the company and the directors? Can they enforce these different contracts? (9 marks; maximum 600 words)