HA3021 Corporations Law Homework- HOLMES INSTITUTE
Length: 2,000 words and a 10 minute presentation.
Purpose
The purpose of the Group Homework is to provide students with an opportunity to work in a collaborative environment in solving two case problems by citing the relevant legal rules and cases and applying these to the facts of the case.
In this Group Homework, students are required to:
1) Demonstrate the legal principles for managing a company in particular the company's relationship with others.
2) Critically analyse the concept of corporate internal rules and management.
3) Analyse the role and responsibility of directors and members in the management of the company.
4) Analyse the interaction between members' rights, directors' duties and corporate governance.
Homework Specifications
Purpose: The Group Homework aims to provide students with an opportunity to work in a collaborative environment in reporting on a recent Australian Corporations Law case relating to Directors Duties and breaches of Directors Duties.
You would need to form your own groups of between 3 and 5 students per group. You had been provided an instruction manual on how to create your groups via BB. Once a group has been created, please ensure you elect a leader in your group. The homework consists of 2 parts: a 2,000 word written report and a 10 minute (maximum) in-class or video presentation.
Holmes is aware of the issues that some students are facing in forming groups for the Group Homework. If there are extenuating circumstances which prevent you from forming a group for the Group Homework then please contact your Unit Coordinator.
Instructions: Please read and re-read carefully to avoid mistakes.
General instructions: Read the following scenario and answer the questions that follow. There are three questions that requires to be answered.
James Burden is considering buying shares in a company, Saturday Night Live Ltd (SNL). After purchasing 1,000 shares of SNL, James received a letter (via email) from the company secretary advising him of a forthcoming annual general meeting (AGM). As a new shareholder of SNL, James has plenty of questions to SNL's company secretary.
James rings and asks SNL's company secretary to explain to him what is meant by the terms ‘member' and ‘shareholder', and the different ways in which a person may become a member. He also asks to explain who may be eligible to become a member, and how many members a company is permitted to have. Finally, James asks: how does a person cease to be a member of a company?
1) Pretend that you are the company secretary and provide advice to James regarding his questions above. Use relevant sections of the Corporations Act 2001 and/or case laws to support your answer.
At the company's annual general meeting, James bumps into the company secretary. James had observed that the notice he had received advising him of his company's annual general meeting had stated that it would commence ‘at 1 pm'. Yet, on the day, the annual general meeting had not commenced until 1.10 pm because the chair had been delayed in traffic while trying to reach the meeting's venue. James surmised that this delay in starting the meeting could constitute a procedural irregularity that could only be rectified by his company conducting the whole annual general meeting again.
2) Pretend that you are the company secretary and provide advice to James regarding his question on procedural irregularity. Use relevant sections of the Corporations Act 2001 and/or case laws to support your answer.
Alan, who is the Chief Financial Officer of SNL, has become aware that the company is seeking to tender for some major renovation work needed by the company. Alan's cousin is in the renovation business so Alan tells him of the possibility of work at SNL. Alan tells his cousin the price range that SNL will consider and something about other companies that are tendering. Alan attends the meeting where they consider who will get the tender for the repair work, but does not disclose his connection with his cousin, who has put in a tender and actually wins the contract.
3) Does Alan have any potential liability for what he has done or not done?
Group report
1) The Group is required to write a commentary regarding the scenario above.
2) The Group report must be submitted via SafeAssign on Blackboard. Only the Group Leader will upload.
3) The word count for the report is strictly up to 2,000 words ONLY. Write the total word count for your report on the homework cover sheet.
4) A minimum of eight scholarly and academic references must be cited. One of these sources must be the case that is the topic of the report. The references must be cited both in-text and in a reference list at the end of the report.
Group presentation
1) Present the report as a video recording.
• In the video presentation, groups must show to the satisfaction of the lecturer that all group members made a reasonable contribution to the group work.
• Non-compliance with this requirement may result in a failing mark for the entire group.
2) Your video link must be uploaded to a publicly-viewable video sharing platform (ex. Youtube, Dropbox, Google drive) and the video link uploaded on Blackboard.
3) The video presentation must be a minimum presentation length of 10 minutes and should not exceed 15 minutes.
IMPORTANT REMINDERS:
1) All group report submissions must be de done online and run through SafeAssign. No hard copies are to be submitted. Only one group member needs to submit for the whole group.
2) Fill in the "Rubric Group Report" sheet (available in Blackboard under "Homeworks and Due dates) and attach as a cover sheet to your group report and upload on Blackboard.
3) Each team member also must also submit to their lecturer a "Peer Evaluation of Individual Participation in Group Homework" sheet (available in Blackboard under "Homeworks and Due dates) with their video.
4) No submission of either the group report or video presentation link on Blackboard / SafeAssign is equivalent to non-submission, which will merit a mark of 0 (zero) for the whole group for this assessment.
5) Late submissions will be subject to Holmes Institute policy on student assessment submission and late penalties (please refer to subject outline and Student handbook).
6) All reports are expected to observe proper referencing in accordance with the Australian Guide to Legal Citation (AGLC).
Format your homework according to the following formatting requirements:
(1) The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
(2) The response also includes a cover page containing the title of the homework, the student's name, the course title, and the date. The cover page is not included in the required page length.
(3) Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.