Company Law (LAW3043)

StaffMrs Imogen Moore - Convenor
Credit Value30
ECTS Value15
NQF Level6
Pre-requisitesLAW1000
Co-requisitesNone
Duration of Module Term 1: 11 weeks; Term 2: 11 weeks;

Module aims

The aim of this module is to enable the student to gain a detailed understanding and appreciation of many key topics in Company Law (and associated topics in Financial/Securities Law) and to develop their legal skills of analysis, problem-solving and legal writing.  Having completed the module students should understand the role of the company as a form of business enterprise and have a thorough knowledge and understanding of the key aspects of its legal regulation.  The module aims to enable the student to identify legal issues and problems arising through the life of a company, to consider and analyse areas of legal complexity and advise appropriately on legal resolution of problems, the module covers topics ranging from the formation of a company, through the administration and management of a company, directors’ duties, directors’ liability on insolvency and shareholder remedies, to corporate responsibility, corporate funding and securities law.

ILO: Module-specific skills

  • 1. demonstrate understanding of the role of English company law and financial law (hereafter 'company law') and of companies within the English legal and business system;
  • 2. demonstrate detailed knowledge and understanding of the principal features of companies and company law in the key areas of (a) corporate personality; (b) the corporate constitution and administration/management of companies; (c) directors' duties and liability on insolvency; (d) shareholder remedies; (e) company contracts and corporate responsibility; (f) shares, share capital and loan capital (g) aspects of securities law;
  • 3. identify, explain and critically assess/analyse issues arising in the key areas of company law and identify and apply relevant legal rules to those issues;
  • 4. demonstrate ability to use comprehensive knowledge and understanding to deal with complex issues and problems arising in the key areas of company law, reach appropriate and reasoned conclusions and offer analysis/criticism of legal arguments;

ILO: Discipline-specific skills

  • 5. demonstrate ability to integrate and assess information from primary and secondary legal sources using appropriate interpretative techniques;
  • 6. demonstrate ability to select, integrate and present coherently and reflectively, relevant law and legal/theoretical arguments;

ILO: Personal and key skills

  • 7. demonstrate ability to manage relevant learning resources/ information/ learning strategies and to develop own arguments and opinions with minimum guidance;
  • 8. communicate and engage in debate effectively and accurately, orally and in writing, in a manner appropriate to the discipline and context.

Syllabus plan

It is envisaged that the syllabus will include the following topics in the following order although precise content and order may vary.

Introduction; companies in context - the company as a business enterprise; creation of companies

Corporate personality and lifting the veil of incorporation

The Articles of Association; administration & management of a company

Directors' duties

Directors' liability on insolvency

Shareholder remedies

Corporate contracts & Corporate responsibility

Corporate finance: shares, share capital and loan capital

Securities

Revision session

Learning activities and teaching methods (given in hours of study time)

Scheduled Learning and Teaching ActivitiesGuided independent studyPlacement / study abroad
58242

Details of learning activities and teaching methods

CategoryHours of study timeDescription
Scheduled Learning and Teaching activity48Lectures, including introductory and revision sessions
Scheduled Learning and Teaching activity10Tutorials / Workshops
Guided Independent Study80Preparation for tutorials/workshops
Guided Independent Study22Planning and preparation of formative assignments (written essays)
Guided Independent Study50Planning and preparation of summative assignment (written essay)
Guided Independent Study90Independent reading and research

Formative assessment

Form of assessmentSize of the assessment (eg length / duration)ILOs assessedFeedback method
Various essay and problem solving questions in workshops (number and type of question will vary according to the workshopFortnightly workshops requiring thorough preparation.1-8Discussed in workshops; individual students may seek additional feedback if required.
2 x written assignments2 x 1500 words (one essay per term)1-8Written feedback; additional oral feedback available on individual request

Summative assessment (% of credit)

CourseworkWritten examsPractical exams
25750

Details of summative assessment

Form of assessment% of creditSize of the assessment (eg length / duration)ILOs assessedFeedback method
Essay252,000 words1-8Written feedback ; Individual student may seek additional feedback if required
Examination752 hours and 15 minutes1-8Email communication and/or individual meetings with student if required

Details of re-assessment (where required by referral or deferral)

Original form of assessmentForm of re-assessmentILOs re-assessedTimescale for re-assessment
EssayEssay (2,000 words)1-8Submitted during the August/September assessment period
ExaminationExamination 1-8August/September assessment period

Re-assessment notes

If the module is failed and cannot be condoned the student will:

i) If the exam was failed: resit the exam and be capped at the pass mark (40%)

ii) If the essay was failed: resubmit an essay by the end of the August / September exam period. The mark will be capped at the pass mark (40

Indicative learning resources - Basic reading

Indicative basic reading list:
Mayson, French and Ryan on Company Law (Blackstone Press) 29th ed, 2012;
Davies, P., Gower's Principles of Modern Company Law (Sweet & Maxwell) 9th ed. 2012;
Hannigan, B., Company Law (OUP) 3rd ed., 2012;
Dignam, A. and Lowry, J., Company Law (OUP) 7th ed., 2012

Indicative web based resources e.g.
ELE: http://vle.exeter.ac.uk
www.companieshouse.gov.uk
www.dbis.gov.uk

Module has an active ELE page?

Yes

Available as distance learning?

No

Origin date

1.10.1996

Last revision date

April 2012

Key words search

Company, Law, Companies, Corporate Law, business, corporations, enterprise, entrepreneur, finance, financial, securities