Company Law Reflection | Company Law

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Reflective practice exercise 4(week10)
What were the two most challenging weeks in Company Law? Why were
these weeks challenging?
Two topics that were the most challenging to learning and understand in week 5
and week6. There are using ILAC for limitations on the Constitution. On week 5, I
was talking in Reflective practice exercise 2, I have been getting materials from
the teacher but I not really understand Holding, calling and convening directors’
meeting for section 248 A, 248C, and 248F. On the week 6, it is really challenging
to know it. It relied more on legislation, thus this topics to be more complicated.
Such as proper purpose and improper purpose, I always confused.
What steps can you take to address the challenges with these weeks in
preparation for the final exam?
I set a goal to get good mark for this course. Therefore, I take several steps to
preparation for the final exam. Firstly, I need to change my attitude towards
learning that information or learning materials must be provided by the
instructor and learn how to get the materials myself. Secondly, I have to do more
exercise for the case, it will be help me improve study techniques and
understand the principals applied.
What are three things you have learned from Company Law so far that you
can use now in your academic, professional and/or personal life? How can
you use the three things now?
(1) Company Law is important to know because as an employee
of the organization it is important to know the laws that are associated with
the company so if any mistakes are made I will know how to work around the
law to save the company from legal issues. It is the legal concept that should be
known.
(2) Corporate liability in contract. This concepts could help me understand if I
enter into contracts how to dealing with someone.
(3) Dividend is main knowledge on week 4. As a shareholder how to receive a
dividend will not breach the law.

Description

Identify and explain:

  • The circumstances in which a constitution can and cannot be amended
  • The specific and general test for amending a constitution in Gambotto v WCP
  • The characteristics of passive and active promoters
  • The common law and statutory duties of promoters
  • The remedies available for breach of promoters’ duties and when rescission is not available
  • The circumstances in which a pre-registration contract is binding on the company.
  • The liability of the company and the promoter for pre-registration contracts.
  • Organic and Agency Theory at common law
  • The statutory assumptions an outsider can make when dealing with the company