LAW00004: Company Law- Research Report Assignment

Internal Code: MAS1054

Research Report Assignment:

Question: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 Australian 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 is its purpose? (2) Can a company’s constitution be amended and, if so, what are the requirements? Do you think the requirements are sufficient to protect minority shareholders? (3) In regard to amending a company’s constitution, are there limits on the power of the majority shareholders regarding the variation of member rights? Research: 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: 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: 1. integrate and evaluate relevant knowledge from the material covered in this unit; 2. develop and sustain a concise and convincing legal argument through to a logical conclusion; and 3. importantly, answer the specific question asked.