Module Title: | Corporate Governance and Business Practice |
Language of Instruction: | English |
Teaching & Learning Strategies: |
Lectures - communication of knowledge and ideas from the lecturer to the student.
Problem Solving Exercises - student will work as part of a team and will work together to resolve various legal scenarios.
Class Discussion/Debate - Students will be encouraged to actively participate in the class sessions which will develop their analytical and communication skills.
E-Learning - It is envisaged that the module will be supported with on-line learning materials.
Self-Direct Independent Learning - the emphasis on independent learning will develop a strong and autonomous work and learning practices. |
Module Aim: |
The aim of this course is to give students a thorough appreciation of the regulatory environment within which a corporate management team must operate and an ability to address ethical issues that arise in a Corporate environment. |
Learning Outcomes |
On successful completion of this module the learner should be able to: |
LO1 |
Distinguish between companies, partnerships and sole traders, and be able to critically analyse the advantages and disadvantages associated with the various types of business organisations; Demonstrate knowledge of the legal nature of companies and the consequences of incorporation for a business. Analyse the regulatory framework for corporate governance in Ireland and the EU. |
LO2 |
Critically evaluate the rights and duties of corporate members and shareholders and demonstrate an integrated and applied knowledge of the laws regulating corporate management and administration. |
LO3 |
Demonstrate an in-depth comprehension of the laws dealing with receivership, examinership and liquidation, and demonstrate the ability to assess the impact of such events on a company. |
LO4 |
Work as an effective member of a group in analyzing and solving ethical issues faced by companies in managing business in a competitive market |
LO5 |
Demonstrate an ability to research aspects of corporate governance either
independently or as part of a group and communicate findings and proposals in
written and/or verbal form. |
LO6 |
Identify and evaluate business ethics theory and its applications in diverse leadership
decision making situations. |
Pre-requisite learning |
Module Recommendations
This is prior learning (or a practical skill) that is recommended before enrolment in this module.
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No recommendations listed |
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module. |
No incompatible modules listed |
Co-requisite Modules
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No Co-requisite modules listed |
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed. |
No requirements listed |
Module Content & Assessment
Indicative Content |
INTRODUCTION TO INCORPORATION AND REGULATION
Types of Company Structure – limited and unlimited, public and private Formation of a company, Constitution of a Company, The Consequences of Incorporation, Separate legal personality. Methods and means of Corporate Regulation and Enforcement in Ireland - the role of the Office of the Director of Corporate Enforcement
The role of the Companies Registrar
The Role of the Minister
The Role of the Central Bank Commission
The Role of the Stock Exchange
The Role of the DPP
The Role of the Auditor
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SHAREHOLDERS
Duties of Members and Shareholders
Rights and Powers of Members and Shareholders ,relief in cases of oppression (minority protection).
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CORPORATE MANAGEMENT
Division of Power, Company Directors; Types, Qualifications, Duties – statutory, common law, fiduciary. Director’s powers, Civil and Criminal penalties under the Companies Act. Actions Against Directors - Fraudulent/Reckless Trading, Disqualification and Restriction, Failure to Keep Accounting Records, Company Secretary and Statutory Auditor – Role, Qualifications, Appointment/Removal, Duties, Powers. Criminal and Civil penalties under the Companies Act.
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RECEIVERSHIP, EXAMINERSHIP AND LIQUIDATION
Receivership – role of receiver, qualifications, appointment, effect on the company of appointment, resignation and removal of a receiver, receivers’ duties and powers.
Examinership – role of examiner, qualification, grounds and procedure for appointment, effect on company of appointment of examiner (court protection), examiners’ duties and powers.
Liquidation – role and qualifications of liquidator, effect of appointment of a liquidator on a company
Principal duties of liquidators (duties to Director of Corporate Enforcement and filing duties)
Liquidators’ powers (general powers and powers of investigation and asset realization and distribution, Fraudulent Preference)
Types of Liquidation – Members’ Voluntary Liquidation, Creditors’ Voluntary Liquidation, Compulsory Liquidation.
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INTRODUCTION TO BUSINESS ETHICS & ETHICAL DECISION MAKING
1)Ethics in the World of Business
Business Decision Making
Ethics, Economics and Management
Business Ethics and Ethical Theory
2) Whistle-Blowing
What is Whistle-Blowing?
The Justification of Whistle-Blowing
Is There a Right to Blow the Whistle?
Developing a Whistle-Blowing Policy
3) Trade Secrets and Conflict of Interest
Trade Secret Protection
Competitor Intelligence Gathering
Conflict of Interest
4) Privacy
Challenges to Privacy
The Meaning and Value of Privacy
The Privacy of Employee Records
Privacy on the Internet
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ETHICS IN BUSINESS PRACTICE
1) Marketing, Advertising, and Product Safety
Marketing
Advertising
Product safety
Business Ethics and the Media
2) Ethics in Finance and HRM
Financial Services
Financial Markets
Insider Trading
Hostile Takeovers
Recruitment and Promotion Policies
Downsizing
3) Corporate Social Responsibility
The Debate Over CSR
The Business Case for CSR
Implementing CSR
4) International Business Ethics
Wages and Working Conditions
Foreign Bribery
Cultural Differences
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Assessment Breakdown | % |
Continuous Assessment | 60.00% |
End of Module Formal Examination | 40.00% |
Continuous Assessment |
Assessment Type |
Assessment Description |
Outcome addressed |
% of total |
Assessment Date |
Other |
Critical Research Essay(s). This will assess the student’s ability to use analytical and research skills gained to apply knowledge of statute, codes, case law and commentary to a relevant established or evolving area of the law relating to Corporate Governance, through research, critical analysis and reasoning. Students will be expected to demonstrate an ability to argue for both sides of a given hypothesis or problem. The student will be required to research the law relating to the topic and |
1,2,3,4 |
20.00 |
n/a |
Case Studies |
Two case studies on Business Ethical issues will be used to assess students' decision making skills. One of these will be based on group work and the final case study will be an individual case study assessment. |
4,6 |
40.00 |
n/a |
End of Module Formal Examination |
Assessment Type |
Assessment Description |
Outcome addressed |
% of total |
Assessment Date |
Formal Exam |
End-of-Semester Final Examination |
1,2,3,4,5,6 |
40.00 |
End-of-Semester |
SETU Carlow Campus reserves the right to alter the nature and timings of assessment
Module Workload
Workload: Full Time |
Workload Type |
Frequency |
Average Weekly Learner Workload |
Lecture |
Every Week |
3.00 |
Independent Learning Time |
Every Week |
4.00 |
Total Hours |
7.00 |
Workload: Part Time |
Workload Type |
Frequency |
Average Weekly Learner Workload |
Lecture |
26 Weeks per Stage |
1.50 |
Independent Learning Time |
26 Weeks per Stage |
6.19 |
Total Hours |
200.00 |
Module Delivered In
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