BusinessLawandPracticeCoursework LAW6009
- Subject Code :
LAW6009
- University :
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LAW6009
BusinessLawandPracticeCoursework
AssignmentBrief.
Aspart oftheformalassessmentfortheprogramme youarerequiredtosubmit aBusiness Law and Practice assignment. Please refer to your Student Handbook for full details of the programme assessment scheme and general information on preparing and submitting assignments.
LearningOutcomes:
Aftercompletingthemodule,youshouldbeableto:
- Identifyandevaluatethedifferenttypeofbusinessmediums
- Applypartnershipregulationinauthenticscenarios
- Formacompanyandadviseonregulatory
- Criticallyanalysepersonalandcorporateinsolvencyregulation
GraduateAttribute:DisciplineExpertise
- KnowledgeandunderstandingofbusinesslawandStudentswillpossessa range of skills to operate within the legal sector, have a keen awareness of current developments in working practice and be well positioned to respond to change.
Alllearningoutcomesmustbemettopassthemodule.
Guidance
Your assignment should include: a title page containing your student number, the module name, the submission deadline and the exact word count of your submitted document; the appendices if relevant; and a reference list in (see referencing section for more information). You should address all the elements of the assignment task listed below. Please note that tutors will use the assessment criteria set out below in assessing your work.
YoumustnotincludeyournameinyoursubmissionbecauseArdenUniversityoperates anonymous marking, which means that markers should not be aware of the identity of the student. However, please do not forget to include your STU number.
Maximumwordcount:3000 wordsPleaserefertothefullwordcount policywhichcanbefoundintheStudentPoliciessection here:Arden University | Regulatory Framework
The word count includes everything in the main body of the assessment (including in text citations and references). The word count excludesnumerical data in tables, figures, diagrams, footnotes, reference list and appendices. All other printed words ARE included in the word count.
Students who exceed the wordcount up to a 10% margin will not be penalised. Students should note that no marks will be assigned to work exceeding the specified limit once the maximum assessment size limit has been reached.
AssignmentTask
YoushouldanswerBOTHquestions.
1)Explain:
- howashareholdercantransfertheirsharesinaprivatelimitedcompany;
(5 marks)
- restrictionsonsharetransfersthatcanbeincludedinacompanysarticlesandwhy such restrictions may be imposed;
(5 marks)
- howapersonmaybecomeliableforinsiderdealingundertheCriminalJusticeAct1993 and the possible penalties.
(15marks)
(1000Words)
(Total25marks)
(LOs:3, 4&5)
Ardenley Packaging Limited (APL) was incorporated in 2014, with unamended Model ArticlesforPrivateCompanies.APLmanufacturesfullyrecyclableproductsforthecatering industry, including food and drink containers.
APL has an issued share capital of 480,000 fully paid ordinary shares of 1 each, held by fourshareholders.Threeoftheseshareholdersarealsodirectors, whoworkfulltimeforthe company. The fourth shareholder is Lesley Tracey who owns 100,000 shares. APLs latest accounts showed 875,000 in distributable profits, and APL has recently been valued at about 2.2 million.
APL needs to expand its research and development department as the sector technology is constantlyevolving.It is,thereforelookingforexternalinvestmentfromaventurecapitalfirm to whom APL would issue new preference shares with a cumulative dividend of 4%.
Unfortunately,LesleyTraceydoesnotagreewiththeaboveproposals.
However, sincehehasinsufficientvotingpowertoblockthem, Lesleywishestowithdrawhis investment by means of APL buying back his shares for about 480,000. APL has provisionally agreed to do this but is concerned about complying with any legal restrictions on a company buying its own shares.
Explain the limitations imposed on the company in relation to paying the dividends to the venture capital firm and buying back its own shares, and how APL can comply with such limitations. Include relevant procedural steps in your answer.
ThismoduleismarkedusingtheArdenUniversityCategoricalMarkingCriteria
FormativeFeedback
Youhavetheopportunitytosubmit anassignmenttoreceiveformativefeedback. Youcan submit a draft plan of no more than 500 words by email to your Module Tutor up to two weeks prior to the submission deadline.
You can opt to receive feedback via email or through one-to-one feedback via an online appointment but not both. Your work will not be marked or graded and only one draft will be reviewed.
ReferencingGuidance
You MUST underpin your analysis and evaluation of the key issues with appropriate and wide-rangingcaselawandensurethisisreferencedusingtheOSCOLAsystem.Youmust use the OSCOLA referencing method in your assignment.
SubmissionGuidance
Assignmentssubmittedlatewillnotbeacceptedandwillbemarkedasa0%fail.
Yourassessment canbesubmittedasasingle Word(MSWord)orPDF file,or,asmultiple files.
Ifyouchosetosubmitmultiplefiles,youmustnameeachdocumentasthequestion/part you are answering along with your student number ie Q1 Section A STUXXXX.If you wish to overwrite your submission or one of your submissions, you must ensure that your new submission is named exactly the sameas the previousin order for the system to overwrite it.
You must ensure that the submitted assignment is all your own work and that all sources used are correctly attributed. Penalties apply to assignments which show evidence of academic unfair practice. (See the Student Handbook which is available on the A-Z key information on iLearn.)
AssessmentCriteria(Learningobjectivescoveredall.
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Level6studyrepresentsthestudentsincreasingautonomyandindependence inrelationtotheirknowledge,understandingandskills.AtLevel6, students are expected to demonstrate problem solving skills in both practical and theoretical contexts. This should be supported by an understanding of appropriate theory, creativity in expression and thought based on independent but informed judgments. Students should demonstrate the ability to seek out, invoke, analyse, and evaluate competing theories and claims to knowledge and work in a critically constructivemanner.Workatthislevelisarticulate,coherent,andskilled. |
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|
Grade |
Mark Bands |
GenericAssessmentCriteria |
|
First(1) |
80%+ |
An outstanding knowledge base exploring and analysing the discipline, its theory, and any associated ethical considerations. Theworkdemonstratesoutstandingindependenceofthoughtandoriginality.Thereisoutstanding lmanagementoflearning resources, and a high degree of autonomy is demonstrated which goes above and beyond the brief. The work demonstrates intellectual originality and creativity. Writing is exceptionally well structured and accurately referencedthroughout.Whereappropriate,outstandingprofessionalskills aredemonstrated.Theworkisoriginalandwith some additional effort could be considered for internal publication. |
|
70-79% |
Anexcellentinformationbasewithinwhichthedisciplineisexploredandanalysed. Thereisconsiderableoriginalityintheapproachandtheworkdemonstratesconfidenceandautonomyandextendsto considerethicalissues.Learningresourceshave been managedwith exceptionalconfidence andthe workexceedsthe assessment brief. Writing is exceptionally well structured and accurately referenced throughout. Whereappropriate,anexcellentlevelofprofessionalskills aredemonstratedandtheworkdemonstratesahighlevelof intellectual and academic skills. |
|
|
Upper second (2:1) |
60-69% |
Averygoodknowledgebasewhichexploresandanalysesthediscipline,itstheory,andanyassociatedethicalissues. Thereisevidenceofsomeoriginalityand independenceofthought. Averygoodrangeoflearningresourcesunderpinthework and there is clear evidence of self-directed research. The work demonstrates the ability to analyse the subject and applytheory with good academic and intellectual skills. Academic writing skills are very good, expression is accurate overall, and the work is consistently referenced throughout. |
|
Lower second (2:2) |
50-59% |
A good understanding of the discipline which supports some analysis, evaluation and problem-solving within the discipline. Theremaybereferencetosomeoftheethicalconsiderations.Theworkshowsasoundlevelofcompetenceinmanagingbasic sources and materials. Academic writing skills are good and accurate overall, and the work is planned and structured with some thought. Professional skills are good (where appropriate). The work may lack originality, but academic and intellectual skills are moving into the critical domain. The work is referenced throughout. |
|
Third(3) |
40-49% |
Satisfactory level of performance in which there are some omissions in the understanding of the subject, its underpinning theory,andethicalconsiderations.Thereislittleevidenceofindependentthought,andtheworkshowsabasicuseofsources and materials. Academic and intellectual skills are limited. The work may lack structure overall. There are some difficulties in developingprofessionalskills(whereappropriate).Thereisanattempttoreferencethework. |
|
MarginalFail |
30-39% |
A limited piece of work in which there are clear gaps in understanding the subject, its underpinning theory, and ethical considerations.Theworkshowsalimiteduseofsourcesandmaterials.Academicandintellectualskillsareweakandthereare errors in expression and the work may lack structure overall. There are difficulties in developing professional skills (where appropriate).Theworklacksoriginalthoughtandislargelyimitative. |
|
Clearfail |
29%and Below |
Apoorperformanceinwhichtherearesubstantialgapsinknowledgeandunderstanding,underpinningtheoryandethical considerations. The work shows little evidence in the use of appropriate sources and materials. Academicwritingskillsareveryweakandtherearenumerouserrorsinexpression.Theworklacksstructureoverall. Professionalskills(whereappropriate)arenotdeveloped.Theworkisimitative. |
