ACCTN309-19B (HAM)

Law of Business Enterprise

15 Points

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Division of Management
School of Accounting, Finance and Economics

Staff

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Convenor(s)

Joel Manyam

Joel Manyam
4918
N.5.24
To be advised
joel.manyam@waikato.ac.nz

Lecturer(s)

Alberto Alvarez-Jimenez

Alberto Alvarez-Jimenez
6309
N.5.12
To be advised
alberto.alvarez-jimenez@waikato.ac.nz

Anna-Marie Brennan

Anna-Marie Brennan
6351
N.5.26
To be advised
annamarie.brennan@waikato.ac.nz

Jennifer Campion

Jennifer Campion
8233
N.5.19
To be advised
jennifer.campion@waikato.ac.nz

Administrator(s)

Placement Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

Librarian(s)

: clive.wilkinson@waikato.ac.nz

You can contact staff by:

  • Calling +64 7 838 4466 select option 1, then enter the extension.
  • Extensions starting with 4, 5, 9 or 3 can also be direct dialled:
    • For extensions starting with 4: dial +64 7 838 extension.
    • For extensions starting with 5: dial +64 7 858 extension.
    • For extensions starting with 9: dial +64 7 837 extension.
    • For extensions starting with 3: dial +64 7 2620 + the last 3 digits of the extension e.g. 3123 = +64 7 262 0123.
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Paper Description

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This paper will seek to explore the various types of legal entities that can be chosen as the most appropriate entity for the pursuit of a given business venture with a particular emphasis on the company. The course will examine the regulatory and non regulatory framework in which a company operates. The importance of the Companies Office and Registrar of Companies will be discussed as well as the roles of the Financial Markets Authority, Commerce Commission and the New Zealand Exchange Limited(NZX) will be explored. The role of the courts in interpreting and applying the principles of company law including court decisions on the Companies Act 1993, will be the subject of study. The procedural legal rules which must be complied with to ensure a company is registered and consequently a legal entity in its own right will be discussed. The role of shareholders in the affairs of the company will be examined including matters in respect of which only shareholders can decide whether the company will pursue particular courses of action. The issue of company mergers and the pursuit of enterprise via a joint venture arrangement between companies will also be discussed. The critically important legal requirement of recording and reporting on a company's affairs will be commented on in order to ensure business advisers are aware of the legal requirements of the obligations of recording and reporting. Company receiverships and liquidations will be examined ans well as what each of these legal processes entail. Finally, the significance of intellectual property as one of the important assets a company can possess, will be highlighted as well as the protections that are available in respect of such property

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Paper Structure

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This paper will be taught through lectures which will also be delivered through video conferencing. There will be tutorials to enable students to apply their knowledge of the law to further improve their understanding of the legal principles discussed during the lectures.

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Learning Outcomes

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Students who successfully complete the course should be able to:

  • Identify and explain the current law, including statutes, regulations, and common law, of commercial entities and trading structures, especially with regard to concepts of corporate legal entities.
    Linked to the following assessments:
  • Have a basic understanding of the main forms of capital a company may be able to access. This is important particularly at the beginning of a company's life when the company's operations have not yet generated cashflow, but there are still obligations.
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  • Identify and explain the statutory and administrative requirements relating to record keeping, accounting, auditing, reporting and disclosure, in relation to companies.
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  • Understand and communicate duties and responsibilities of directors in relation to companies, and students will be able to apply these to practical examples.
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  • Understand other areas of law impacting on the operations of companies from a practical perspective so that students will be able to identify and apply these various issues in a practical manner.
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  • Recognise and apply concepts of corporate governance so students will be able to understand the importance of a business having a governance framework.
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  • Consider the concept of risk management, with emphasis being placed on the role of directors in terms of their responsibilities as directors charged with governance and management oversight.
    Linked to the following assessments:
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Assessment

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Internal assessment in this paper consists of three components: an assignment; a test; and tutorial homework. None of these assessments are compulsory, but students are strongly advised to complete them - not doing so will place too much emphasis on the examination as a source of grades for this paper.

Students must keep in mind that if there is anything impeding their successful completion of any internal assessment, they should discuss this with the paper convener, who may be able to suggest assistance available to help with the problem. Evidence is required for applications for an extension or special consideration of an assessment.

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 50:50. There is no final exam. The final exam makes up 50% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 50:50 or 0:0, whichever is more favourable for the student. The final exam makes up either 50% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Tutorial Homework and Engagement
10
  • Hand-in: In Tutorial
2. Take home Assignment
9 Aug 2019
11:00 PM
20
  • Online: Submit through Moodle
3. Take home Test
13 Sep 2019
11:00 PM
20
  • Online: Submit through Moodle
4. Exam
50
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Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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Barrett J and Feehily R., Undertsanding Company Law, 4th Edition 2019, LexisNexis NZ Limited, Wellington.

Use the APA Referencing Style. The University of Waikato Library has put together a selection of resources to help you acknowledge your sources properly. http://www.waikato.ac.nz/library/study/referencing

Companies Act 1993 and Amendments

Contents of files in Moodle Blocks

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Other Resources

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Other resources may be provided as appropriate. The scheduled lectures will also be recorded on Panopto, which will be available for students to access.
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Online Support

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If you require online support for mymoodle please email helpdesk at: wmshelp@waikato.ac.nz
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Workload

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1. 3 x one-hour lectures per week
2. 1 x one-hour tutorial per week commencing in week 3 which starts on Monday 22nd July 2019.
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Linkages to Other Papers

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Prerequisite(s)

Prerequisite papers: One of MNMGT201, MNMGT301, ACCT224, ACCT324 or MNGT221

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: ACCT322, ACCT422

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