HA3021 : Corporations Law - Apply Legal Principles to real Case Situations - Law Assignment Help

Assignment Task:

Task:

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.

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.

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?

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