Company Law Assessment Brief
| Qualification | OTHM Level 7 Diploma in International Business Law (603/7722/7) |
| Unit Reference Code | J/618/7920 |
| Unit Name | Company Law |
| Credit | 20 |
| GLH | 100 |
| TQT | 200 |
| Sector Subject Area (SSA) | 15.5 Law and legal services |
| Unit Grading Type | Pass / Fail |
Unit Aim
This unit aims to provide information to learners about English Law relating to registered companies including both private and public limited companies. Learners will gain knowledge and understanding about the legal issues affecting companies, the rights and obligations of shareholders and directors and the legal procedures relating to corporation liquidation.
Learning Outcomes and Assessment Criteria
| 1. Understand legal issues affecting companies through the analysis of characteristics, incorporation, functions and regulatory frameworks. | 1.1 Analyse the characteristics of:
o the sole trader 1.2 Evaluate different functions of EU companies. 1.3 Evaluate regulatory frameworks of incorporation of UK and EU companies. 1.4 Evaluate the articles of association and how these can be enforced. 1.5 Analyse the effect of the corporate veil and how this can be lifted. |
| 2. Understand the rights and obligations of directors. | 2.1 Evaluate the legal nature, roles, powers and liabilities of shareholders and directors towards the company.
2.2 Assess the consequences of a breach in directors’ duties in company law. 2.3 Analyse the directors’ responsibilities to creditors of the company in financial distress. 2.4 Analyse the mechanisms for disqualifications of directors. |
| 3. Understand the rights of shareholders and minority shareholders. | 3.1 Analyse the rights of shareholders in public and private limited companies.
3.2 Explain the rights of members in voting 3.3 Analyse minority shareholder protection. |
| 4. Understand the legal procedures relating to corporation liquidation. | 4.1 Evaluate the role of the auditor.
4.2 Analyse the winding up process and dissolution including powers and duties of the liquidator. 4.3 Assess the priority of creditors in a winding up process. 4.4 Evaluate the role of licensed Insolvency Practitioners. |
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the standards specified by all assessment criteria.
| Learning Outcomes to be met | Assessment criteria to be covered | Type of assessment | Word count |
| All 1 to 4 | All AC under LO 1 to 4 | Portfolio of Evidence | 4000 words |
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