LW225-5-FY-CO:
Company Law
2022/23
Essex Law School
Colchester Campus
Full Year
Undergraduate: Level 5
Current
Thursday 06 October 2022
Friday 30 June 2023
30
13 October 2023
Requisites for this module
(none)
(none)
(none)
(none)
(none)
LLB MN10 Law with Finance,
LLB MN11 Law with Finance (Including Year Abroad),
LLB MN12 Law with Finance (Including Placement Year),
LLB MN13 Law with Finance (Including Foundation Year)
Companies are by far the most used vehicle for doing business and an understanding of the rules that govern them is essential for anyone aiming at a career in commerce and industry.
The module will examine the nature of a company, corporate governance in an international perspective, the corporate constitution and institutional setting, corporate management issues, its incorporation and share capital, the concept of separate legal personality, the roles of the stakeholders in a company as well as the duties of directors and the protection of shareholders.
A sound understanding will help students to fully understand the relevant principles and doctrines. The analysis of corporate governance issues will enable students to understand the significance of the relevant debates while the analysis of the relevant legislative framework on insolvency and takeovers along with the relevant case studies on lifting the corporate veil and corporate scandals will provide a thorough examination of the field in question.
The objectives of the module are:
1. To provide students with the necessary foundations of knowledge so that the Learning Outcomes listed below are achieved
2. To provide students with the necessary foundations to comprehend the wide range of issues covered in the course of this module as well as the range of other modules in the relevant field
3. To encourage the development of students skills in legal reasoning and analysis through study of statutes, case law and regulatory practice relating to Company Law
4. To encourage students to engage with Company Law beyond the confines of the module, both academically and in its broader social, political and economic context
Upon successful completion of the module students will be able to:
1. Understand the economic function of the company as a legal structure for business
2. Explain the legal nature and significance of limited liability and separate corporate personality
3. Demonstrate knowledge and appreciation of the major core topics in Company Law including the validity of contracts made with companies, the role of the board of directors and their legal duties as directors as well as the protection of minority shareholders
4. Show appreciation of the legal nature of the relationships between a company and its management on the one hand and the various groups with an interest in the affairs of the company (or stakeholders) on the other including creditors and employees
5. Show awareness of current policy trends and developments in Company Law
6. Understand the essence of corporate governance issues and debates in a comparative manner and within the broader societal, historical, political and economic context
7. Demonstrate awareness of the legal framework that regulates insolvency and takeovers again on the basis of English Company Law while drawing comparisons with the respective EU legislation
8. Show understanding of wider issues of corporate liability and the notion of lifting the corporate veil
Indicative Syllabus
Term I
Corporate Governance
Comparative Analysis of Corporate Governance Systems
Starting a Company: Memorandum of Association and Ultra Vires Doctrine
Articles of Association
Representing the Company: Are the third parties protected?
Corporate Management
Directors Duties
Minority Shareholder Protection
Term II
Groups of Companies
Transnational Corporations and Lifting of the Corporate Veils
Corporate Manslaughter
Insolvency
Takeovers
This module will be taught via weekly lectures and fortnightly tutorials. The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts and PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the lectures and tutorials and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your tutorials. Your tutorials will enable you to discuss the material covered in lectures and the required readings, obtain feedback on your pre-class preparation and deepen your understanding of key concepts. To help you prepare in the best possible way for your tutorials, you will be completing regular Multiple-Choice Quizzes on Moodle. The quizzes will be based on the reading set for that week so that the quiz forms part of your preparation for each tutorial. The quizzes will enable you to track your progress, understand what you are doing well, and give you clear feedback to help you manage your studies and your progress.
This module does not appear to have a published bibliography for this year.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Multiple Choice Questions - Continuous Assessment (LW225 Company Law) |
|
37.5% |
| Coursework |
Participation (LW225 Company Law) |
|
12.5% |
| Coursework |
Formative Essay (LW225 Company Law) |
|
0% |
| Coursework |
Essay (LW225 Company Law) |
|
50% |
| Exam |
Main exam: Remote, Open Book, 24hr during Summer (Main Period)
|
| Exam |
Reassessment Main exam: Remote, Open Book, 24hr during September (Reassessment Period)
|
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Dr Marios Koutsias, email: mkouts@essex.ac.uk.
Dr. Stephen Turner, Dr. Marios Koutsias, Mr. Colin Moore, Dr. Ewa Kruszewska, Mr. Victor Ediagbonya, Ms. Christina Gkampitsaki
mkouts@essex.ac.uk
Yes
Yes
Yes
Dr Emilie Ghio
University of Edinburgh
Lecturer in Law
Available via Moodle
Of 120 hours, 40 (33.3%) hours available to students:
0 hours not recorded due to service coverage or fault;
80 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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