company law

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LAW00004 — Company Law

Assessment Details: Research Assignment

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Session 3 2018

Due: 14th January 2018

Length: 2,400 words

Weighting: 50%

Submission method: turnitin

TOPIC*

The assignment statement is as follows:

Section 140(1) of the Corporations Act 2001 (Cth) enshrines the long-time position that

a company’s constitution forms a statutory contract between, amongst others, the

company and each member and the company and each director.

Required

With reference to the above statement, relevant case law and legislation, answer the

following:

(1) What is the governing document of a company registered under the Corporations Act 2001 (Cth) and what are its purposes? ( 10 marks)

(2) Can a company’s constitution be amended and, if so, what are the requirements? (10 Marks)

(3) In regard to amending a company’s constitution —

(i) Do you think the requirements are sufficient to protect minority shareholders? (ii) Are there limits on the power of the majority shareholders regarding the

variation of member rights?

(30 marks)

Total (50 marks)

*NB*: Please ensure you read and understand the material on pages 7 – 10 of the Unit

Information Guide. http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s140.htmlhttp://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/

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MARKING CRITERIA

Important information:

You are advised to consider the following information carefully before starting your

assignment.

The assignment will be marked according to the following criteria:

Research (40%)

You are expected to demonstrate a comprehensive review of the primary law sources

(legislation, case law) as well as an adequate review of secondary sources (for

example textbooks, journal articles, case commentary, explanatory memoranda, Law

Reform Commission reports). Your research should be used to identify and clearly

state the relevant issues and legal principles and support your analysis.

Analysis (50%)

You are expected to analyse the information gathered and evaluate the relevant legal

principles. You are expected to demonstrate a logical development of your argument

through clear analysis and by applying relevant legal principles to the resolution of

the issue(s). Your analysis should also:

 integrate and evaluate relevant knowledge from the material covered in

this unit;

 develop and sustain a concise and convincing legal argument through to a

logical conclusion; and

 importantly, answer the specific question asked.

Technical aspects (10%)

You are expected to:

o correctly reference and acknowledge sources. Please note the reference

system adopted in this assignment can be either the AGLC 3 (Australian

Guide to Legal Citation 3rd ed) or the Harvard referencing system. The

referencing system adopted must be used correctly and consistently;

o use fluent, clear, concise writing that contains clear expression, correct

grammar, syntax, sentence structure and spelling; and

o use headings and subheadings (where appropriate), an introduction, conclusion

and bibliography or reference section.