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 strong and autonomous work and learning practices.
Module Aim:
The aim of this module is to equip students with a thorough and integrated knowledge and understanding of the concepts, principles and rules of Company Law in Ireland in relation to governance and insolvency of the private limited company, and to
assist the student in developing the analytical skills required to apply their legal knowledge to various problem scenarios.
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1
Critically evaluate the responsibilities of company officers and the role of external agencies in the governance of the private limited company and demonstrate an integrated and applied knowledge of the laws relating to that company governance.
LO2
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.
LO3
Demonstrate an ability to research aspects of company law either independently or as part of a group and apply the knowledge gained to formulate solutions to case studies involving company law.
Pre-requisite learning
Module Recommendations
This is prior learning (or a practical skill) that is recommended before enrolment in this module.
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
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
Corporate Governance
Company Secretary- Appointment, Status, Functions and Duties. Auditors- Appointment, Qualifications, Removal, Resignation and Replacement.
Office of the Director of Corporate Enforcement - function and powers; Restriction and Disqualification.
Companies Registration Office - function and powers.
Accounting Records
Introduction; Filing and Audit Requirements; Application to Different Size Companies; Liability for Failure to Keep Proper Books of Account.
The Directors’ Report. The Auditors’ Report
Company Borrowing and Security
Borrowing powers; Loan agreements; Mortgages and Charges; Fixed Charges; Floating Charges; Fixed Charges over Book Debts; Quasi Security. Events of Default.
Registration of Charges.
The Law of Priorities.
Insolvency
Examinership - Appointment of Examiner; Consequences of Appointment; Functions, duties and powers of Examiner.
Receivership - Appointment of Receiver; Functions, duties and powers of Receiver.
Liquidation - Voluntary and Official - Appointment of Liquidator; Functions, duties and powers Liquidator; Asset swelling provisions available to Liquidator; The Law of Priorities.
Assessment Breakdown
%
Continuous Assessment
100.00%
Continuous Assessment
Assessment Type
Assessment Description
Outcome addressed
% of total
Assessment Date
Project
Project. This will assess the student’s ability to use analytical and research skills gained to apply knowledge of statute, case law and commentary to a relevant established or evolving area of the law relating to companies, 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.
1,2,3
100.00
Ongoing
No Project
No Practical
No End of Module Formal Examination
SETU Carlow Campus reserves the right to alter the nature and timings of assessment