BUSINESS AND CORPORATIONS LAW
Students are to select any ONE of the following topics (MAXIMUM 2,000 WORDS)
1 You are a financial analyst for a large financial institution. Your employer is in the business of lending or investing in a range of companies particularly start-up companies looking for funds.
You have been asked to prepare a paper on the benefits of investing in start-up companies either by way of debt or equity.
Discuss the different types of equity and debt instruments that are available in the market place that can be used as a form of investment in a start up company.
2 The concept of a company being a separate legal entity is a myth and has no relevance in today’s commercial world. Certain people take advantage of this concept to deprive creditors of access to funds. A common practice is the establishment of phoenix companies. Discuss whether you agree with this concept and what you would recommend to make the system fairer to creditors.
3 The legal obligations imposed on directors are not onerous enough. Directors should be under a higher duty of care. Recent cases involving breaches by duties demonstrate that the Corporations Act is not strong enough to punish directors. Discuss whether you agree with this statement or whether you think directors in Australia should face a heavier duty than currently exists.
4 How does Australian Corporations law protect stakeholders other than shareholders (for example, employees and unsecured creditors)? Are these protections adequate? Discuss this in the light of the recent corporate collapses. Compare this to the rules in your own country, if not Australia.
In-text referencing (either Harvard Style or footnotes) must be included. A bibliography must also be included.
The research should be a thorough coverage of the critical legal points in the chosen topic and some conclusions should be drawn concerning the issues. Students should form their own opinions after informing themselves of the different views and relevant issues. Students should assume they are writing for an audience who already has general knowledge of the law. Students should aim to examine an area of interest at a deeper level than the level of the course lecture materials or a textbook.
Your research should contain at least five articles relating to corporate finance law extracted from the following current sources:
a) daily newspapers
b) journals (targeted at professional practitioners) – for example, Law Institute Journal
c) journals (targeted at academics) – for example, Melbourne University Law Review
d) global business data bases
e) internet resources
f) law reports / statutes
YOUR OWN ANALYSIS, EXPLANATION, DISCUSSION AND COMMENT ARE REQUIRED, NOT JUST A SUMMARY OF EXISTING ARTICLES. THE COMMENTARY SHOULD DEMONSTRATE AN UNDERSTANDING OF THE ARTICLE AND THE BROADER ISSUES RAISED AND THEIR RELEVANCE TO CORPORATE FINANCE LAW IN GENERAL.
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