Solved: HA3021 – Corporations Law
Purpose:
This assignment is designed to assess your level of knowledge of the key topics covered in this unit.
Unit Learning Outcomes Assessed:
• Apply legal principles to real case situations in the context of different types of business organizations and the legal issues that arise in day to day business.
• Analyse the incorporation process and characteristics of corporate legal personality.
• Demonstrate the legal principles for managing a company in particular the company’s relationship with others.
• Critically analyse the concept of corporate internal rules and management.
• Analyse the role and responsibility of directors and members in the management of the company.
• Analyse the interaction between members’ rights, directors’ duties and corporate governance.
• Analyse the procedures regarding external administration and winding up.
• Identify and analyse legal issues arising from the administration of a company.
Description:
Each week students were provided with three tutorial questions of varying degrees of difficulty. The tutorial questions are available in the Tutorial Folder, for each week, on Blackboard. The Interactive Tutorials are designed to assist students with the process, skills and knowledge to answer the provided tutorial questions. Your task is to answer a selection of tutorial questions from weeks 1 to 11 inclusive and submit these answers in a single
document.
The questions to be answered are:
Question 1 (7 marks)
(Note this question is from the Week 1 Tutorial)
Required:
What are the main advantages of a company compared to a sole trader and a partnership? (Word Limit: Maximum 300 words)
Question 2 (11 marks)
(Note this question is from the Week 5 Tutorial)
Required:
Explain the doctrine of the indoor management rule in relation to a company entering into a contract. Refer to the relevant legal sources to support your explanation. (Word Limit: Maximum 600 words)
Question 3 (7 marks)
(Note this question is from the Week 6 Tutorial)
Kelly and Jordan are directors of ASP Pty Ltd and jointly own 70 per cent of the shares. Taj holds the remaining 30 per cent of the shares. The constitution provides that Taj will hold the position of the company’s ‘senior product tester’ for the period 1 January 2015 to 1 January 2020. There is no separate written employment agreement. Kelly and Jordan want to remove Taj from the position of senior product tester.
Required:
Advise Kelly and Jordan. (Word Limit: Maximum 300 words)
Question 4 (11 marks)
(Note this question is from the Week 7 Tutorial)
a) Jacqui and Bruce are the directors of a company called Karate Australia Ltd which runs a number of schools teaching students the ancient art of karate. Chuck is a shareholder of Karate Australia Ltd and has a number of issues concerning the way in which the karate business is being operated. Karate Australia Ltd has not called an AGM for two years.
Required:
Does the company need to hold regular meetings? Discuss.
b) Chuck believes that there are not enough good karate instructors in Australia and he wants to change the constitution of Karate Australia Ltd to provide that the company can only have four (4) karate schools in Australia, thereby maintaining the quality of the schools.
Required:
Can Chuck do this? Provide appropriate advice.
c) Jacqui and Bruce have decided to hold a shareholders’ meeting for Karate Australia Ltd. They want all shareholders to attend. Jacqui and Bruce are concerned, however, since the shareholders of Karate Australia Ltd are located all over Australia. Jacqui comes up with the idea that they should conduct the meeting using Skype, but Bruce thinks meetings need to happen face-to-face with the shareholders.
Required:
Provide a recommendation on how the shareholders’ meeting should be held. (Total Word Limit: Maximum 600 words)
Question 5 (11 marks)
(Note this question is from the Week 8 Tutorial)
Required:
Explain the nature of the fiduciary duties owed by a director. Discuss specifically the four (4) areas relating to the directors’ duty of loyalty to the company. (Word Limit: Maximum 600 words)
Question 6 (7 marks)
(Note this question is from the Week 11 Tutorial)
Discuss the role of a receiver. How does the role of a receiver differ from that of the administrator or liquidator?
(Word Limit: Maximum 300 words)
Submission Directions:
The assignment will be submitted via Blackboard. Each student will be permitted only ONE submission to Blackboard. You need to ensure that the document submitted is the correct one.
Academic Integrity
Holmes Institute is committed to ensuring and upholding Academic Integrity, as Academic Integrity is integral to maintaining academic quality and the reputation of Holmes’ graduates. Accordingly, all assessment tasks need to comply with academic integrity guidelines. Table 1 identifies the six categories of Academic Integrity breaches. If you have any questions about Academic Integrity issues related to your assessment tasks, please consult your lecturer or tutor for relevant referencing guidelines and support resources.
Many of these resources can also be found through the Study Skills link on Blackboard.
Academic Integrity breaches are a serious offence punishable by penalties that may range from deduction of marks, failure of the assessment task or unit involved, suspension of course enrolment, or cancellation of course enrolment.
Table 1: Six Categories of Academic Integrity Breaches
| Plagiarism | Reproducing the work of someone else without attribution. When a student submits their own work on multiple occasions this is known as self-plagiarism. |
| Collusion | Working with one or more other individuals to complete an assignment, in a way that is not authorised. |
| Copying | Reproducing and submitting the work of another student, with or without their knowledge. If a student fails to take reasonable precautions to prevent their own original work from being copied, this may also be considered an offence. |
| Impersonation | Falsely presenting oneself, or engaging someone else to present as oneself, in an in-person examination. |
| Contract cheating | Contracting a third party to complete an assessment task, generally in exchange for money or other manner of payment. |
| Data fabrication and falsification | Manipulating or inventing data with the intent of supporting false conclusions, including manipulating images. |
Source: INQAAHE, 2020
If any words or ideas used the assignment submission do not represent your original words or ideas, you must cite all relevant sources and make clear the extent to which such sources were used.
In addition, written assignments that are similar or identical to those of another student is also a violation of the Holmes Institute’s Academic Conduct and Integrity policy. The consequence for a violation of this policy can incur a range of penalties varying from a 50% penalty through suspension of enrolment. The penalty would be dependent on the extent of academic misconduct and your history of academic misconduct issues. All assessments will be automatically submitted to Safe – Assign to assess their originality.
Further Information:
For further information and additional learning resources please refer to your Discussion Board for the unit.