Prepare a critical essay that takes a position and answers the question below. Your essay should be informed by at least 5 reliable resources (inclu

Length: 2000 Words

Prepare a critical essay that takes a position and answers the question below. Your essay should be informed by at least 5 reliable resources (including at least 2 of the resources included in Assessment 2). Those resources should be properly referenced in your bibliography. You should support and illustrate your argument. You may decide to change your position from what you included in Assessment 2 provided you are able to clearly argue and support your essay response.

ESSAY Question

In 2023 New Zealand added a new subsection to theNZ Companies Act 1993(subsection 131(5))to expressly state that directors may consider matters other than the maximisation of profit (for example, environmental, social and governance matters) in meeting their duty toact in the best interests of the company. Should such anamendment be adopted in Australia in relation to section 181 of theCorporations Act 2001(Cth)?

Your essay should discuss

* how section 181 of the Corporations Act is currently interpreted

* whether a requirement should be added to take account of environmental, social and governance issues

* the reasons for your position.

You essay should NOT discuss theNZ Companies Act 1993.

Format

Your essay should draw upon academic articles as well as contemporary discussions. Is should develop a legal argument in support of your position.

Your essay should be structured using an introduction, body, and conclusion. The word count does not include your bibliography. You should reference all material relied upon through AGLC4.

Criteria High Distinction Distinction Credit Pass Fail

A clear and informed position on the issue.

20% A clear and decisive position is taken in response to the question posed by the essay question.

The paper demonstrates a sophisticated understanding of the nature of directors duty of loyalty and the scope of the duty. The argument is supported by a detailed understanding of what directors are currently required to take into account in meeting the requirements of the duty and addresses arguments for and against including non-financial matters. The argument is supported by high quality research.

A clear and decisive position is taken

in response to the question posed by the essay question.

The paper demonstrates a clear understanding of the nature of directors duty of loyalty and the scope of the duty. The argument is supported by a strong understanding of what directors are currently required to take into account in meeting the requirements of the duty and addresses arguments for and against including non-financial matters. The argument is supported by strong research.

A clear position is taken

in response to the question posed by the essay question.

The paper demonstrates a solid understanding of the nature of directors duty of loyalty and the scope of the duty.

The argument is supported by a good understanding of what directors are currently required to take into account in meeting the requirements of the duty and addresses arguments for and against including non-financial matters. The argument is supported by solid research.

A position is taken

in response to the question posed by the essay question.

The paper demonstrates some understanding of the nature of directors duty of loyalty and the scope of the duty.

The argument is supported by some understanding of what directors are currently required to take into account in meeting the requirements of the duty and addresses arguments for and against including non-financial matters. The argument is supported by research.

An unclear or indecisive position is taken

in response to the question posed by the essay question.

The paper demonstrates limited understanding of the nature of directors duty of loyalty and the scope of the duty.

The argument is not supported by a good understanding of what directors are currently required to take into account in meeting the requirements of the duty or fails to address arguments for and against including non-financial matters. The argument is not supported by adequate research.

Demonstration of understanding of key concepts regardingof the duty to act in good faith in section 181 of the Corporations Actinformed by research.

20% The paper demonstrates a sophisticated understanding of the duty to act in good faith in section 181 of the Corporations Act.

The paper demonstrates a clear understanding of the duty to act in good faith in section 181 of the Corporations Act.

The paper demonstrates a good understanding of the duty to act in good faith in section 181 of the Corporations Act.

. The paper demonstrates an adequate understanding of the duty to act in good faith in section 181 of the Corporations Act.

The paper does not demonstrate an acceptable understanding of the duty to act in good faith in section 181 of the Corporations Act.

Appropriate use of contemporary corporate resources

20%

Excellent choice of illustrative resources, relevantly applied, and clearly related to the position taken in the paper. The work shows that the student deeply understands the nature of the question and used the resources to cogently illustrate and argue their position.

Good choice of illustrative resources, relevantly applied, and clearly related to the position taken in the paper. The work shows that the student understands well the nature of the question and used the resources to cogently illustrate and argue their position.

Solid choice of illustrative resources, relevantly applied, and clearly related to the position taken in the paper. The work shows that the student understands the nature of the question and used the resources to illustrate and argue their position.

Adequate choice of illustrative resources, relevantly applied, and clearly related to the position taken in the paper. The work shows that the student understands the nature of the question and used the resources to illustrate and argue their position.

.

Poor, inadequate or irrelevant choice of illustrative resources, not relevantly applied, and not suficiently related to the position taken in the paper. The work suggests the student does not understands the nature of the question and has not used the resources to cogently illustrate and argue their position.

Adoption of the conventions of a critical essay. Accurate spelling and grammar are adopted and all sources are properly referenced in accordance with AGLC4.

20%

The paper contains a clear and sophisticated introduction that outlines position and synopsis of the argument. The body is clearly constructed with the argument well sequenced. The work is grammatically correct, with correct punctuation and spelling throughout. AGLC4 is adhered to in referencing all sources.

The paper contains a clear introduction that outlines position and synopsis of the argument. The body is well constructed and grammatically correct, with correct punctuation and spelling throughout. AGLC4 is adhered to in referencing all sources.

The paper contains a clear introduction that outlines the position. The body is, for the majority of the work, well constructed and grammatically correct, with correct punctuation and spelling. AGLC4 is adhered for the majority of sources.

The paper contains an acceptable introduction that takes a position. The body is adequately constructed and for most parts, grammatically correct, with correct punctuation and spelling. AGLC4 is adhered to acceptably.

The paper does not contain an acceptable introduction or has one that fails to clearly state a position. The body is inadequately constructed or there are grammatical errors that detract from meaning or incorrect punctuation and spelling. AGLC4 is not adhered to for an unacceptable portion of the paper.