Students
ACCG751 – Legal Governance for Business Enterprises
2017 – S1 Evening
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Michael Quilter
by appointment
Lecturer
Julian Dight
by appointment
|
|---|---|
| Credit points |
Credit points
4
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| Prerequisites |
Prerequisites
Admission to MRes
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
ACCG951
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| Unit description |
Unit description
This unit focuses on special topics relating to the structure and issues affecting the legal governance regime of a business enterprise. Topics include director’s functions, insolvency and governance takeovers, financial services and markets, and governance structures relating to corporations and insolvency. Topics are chosen to encourage students to explore, and to develop skills, in analysis and investigation that are necessary and required to undertake more advanced research. A sound understanding of legal governance is a requirement for any advanced study of current corporate governance issues. This unit provides students with essential scholarly experiences that develop the concepts and skills necessary for advanced research in legal governance.
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Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- Analyse and comprehend the characteristics and framework of the legal system in which corporations function and in which they are governed.
- Develop professional judgement in the various ways that companies are structured and how this affects the company’s activities and impacts on management, insolvency and governance factors.
- Critically evaluate key corporate governance and corporate social responsibility issues, in particular those that relate to the role and obligations of directors.
- Analyse perspectives on corporate governance and through research critically examine governance issues.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| 1. Article Analysis | 40% | No | 10 April 2017 (Week 7) |
| 2. Research Assignment | 60% | No | 5 June 2017 (Week 13) |
1. Article Analysis
Due: 10 April 2017 (Week 7)
Weighting: 40%
This assessment involves reading and analysing a scholarly article as allocated and thereafter submitting a 1500 word analysis of the article.
No extensions will be granted. There will be a deduction of 10% of the total available marks made from the total awarded mark for each 24 hour period or part thereof that the submission is late (for example, 25 hours late in submission – 20% penalty). This penalty does not apply for cases in which an application for Disruption to Studies is made and approved.
On successful completion you will be able to:
- Analyse and comprehend the characteristics and framework of the legal system in which corporations function and in which they are governed.
- Develop professional judgement in the various ways that companies are structured and how this affects the company’s activities and impacts on management, insolvency and governance factors.
- Analyse perspectives on corporate governance and through research critically examine governance issues.
2. Research Assignment
Due: 5 June 2017 (Week 13)
Weighting: 60%
Your assignment (length 4000 words) must be submitted via iLearn/Turnitin by 6pm Monday 5th June 2017. A hard-copy of the assignment must also be submitted (handed-in) in your class on 5th June 2017.
No extensions will be granted. There will be a deduction of 10% of the total available marks made from the total awarded mark for each 24 hour period or part thereof that the submission is late (for example, 25 hours late in submission – 20% penalty). This penalty does not apply for cases in which an application for Disruption to Studies is made and approved.
On successful completion you will be able to:
- Analyse and comprehend the characteristics and framework of the legal system in which corporations function and in which they are governed.
- Develop professional judgement in the various ways that companies are structured and how this affects the company’s activities and impacts on management, insolvency and governance factors.
- Critically evaluate key corporate governance and corporate social responsibility issues, in particular those that relate to the role and obligations of directors.
Delivery and Resources
Classes
Classes will progress through the various Areas referred to in the Unit Schedule in this Unit Guide. There may be some reorganisation, overlapping, and/or integration of areas to accommodate assessment and unit structure. Texts, readings and unit content will be discussed in the first seminar.
Recommended Texts and/or Materials
Understanding Company Law, Lipton, Herzberg and Welsh, 18th ed. 2016 Thomson Reuters (Lawbook Co.)
Principles of Contemporary Corporate Governance, Du Plessis, Hargovan, Bagaric, Harris, 3rd ed. 2014 Cambridge University Press
You will be referred to other relevant material where appropriate
Both of the above texts can be purchased from the Macquarie University Co-op Bookshop, and are available in the Macquarie University library.
Useful websites
Students should be ready to allocate at least 150 hours during semester time to this Unit. This includes all classes, assessment, personal study and other learning activities. Here is a sample breakdown of a student workload:
|
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Activities
|
Hours |
|
1 |
Weekly Seminars including required assessment |
20 |
|
2 |
Assessment Task 1 - Assignment - Scholarly article analysis (reading, analysing, drafting) |
35 |
|
3 |
Assessment Task 2 - Research Assignment (researching, analysing, interpreting, drafting) |
60 |
|
4 |
General reading and research |
35 |
|
|
|
|
|
|
Total |
150 |
Unit Schedule
Seminars will take place on alternate weeks during session as indicated below - students are to use interim periods to prepare their assignments - Assessment 1 (Article analysis) is to be submitted in Seminar 4 (Week 7 of session) and Assessment 3 (Research assignment) is to be submitted in Seminar 7 (Week 13 of session)
Week 1 of session - Seminar 1 – Introduction to governance issues, corporate framework and core principles
Corporations Act: www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/
Week 2 - Preparation - Assessment 1
Week 3 - Seminar 2 – Concept, principles and history of corporate governance; stakeholders
Week 4 - Preparation - Assessment 1
Week 5 - Seminar 3 - Board structure and directors duties
Week 6 - Preparation - Assessment 1
Week 7 - Seminar 4 – Directors duties and penalties; discussion of assessment 1 – analysis of a scholarly article;
Week 8 - Research and preparation - Assessment 2
Week 9 - Seminar 5 – regulating corporate governance and the regulators; ASX and ASIC
Week 10 - Research and preparation - Assessment 2
Week 11 - Seminar 6 – Insolvency and governance issues
Week 12 - Research and preparation - Assessment 2
Week 13 - Seminar 7 – Discussion of assessment 2 - research assignment
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy_2016.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html
Disruption to Studies Policy (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html
Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Academic Honesty
The nature of scholarly endeavour, dependent as it is on the work of others, binds all members of the University community to abide by the principles of academic honesty. Its fundamental principle is that all staff and students act with integrity in the creation, development, application and use of ideas and information. This means that:
- all academic work claimed as original is the work of the author making the claim
- all academic collaborations are acknowledged
- academic work is not falsified in any way
- when the ideas of others are used, these ideas are acknowledged appropriately.
Further information on the academic honesty can be found in the Macquarie University Academic Honesty Policy athttp://www.mq.edu.au/policy/docs/academic_honesty/policy.html
Grades
Macquarie University uses the following grades in coursework units of study:
- HD - High Distinction
- D - Distinction
- CR - Credit
- P - Pass
- F - Fail
Grade descriptors and other information concerning grading are contained in the Macquarie University Grading Policy which is available at:
http://www.mq.edu.au/policy/docs/grading/policy.html
Grading Appeals and Final Examination Script Viewing
If, at the conclusion of the unit, you have performed below expectations, and are considering lodging an appeal of grade and/or viewing your final exam script please refer to the following website which provides information about these processes and the cut off dates in the first instance. Please read the instructions provided concerning what constitutes a valid grounds for appeal before appealing your grade.
Disruption to Studies Policy
The University is committed to equity and fairness in all aspects of its learning and teaching. It recognises that students may experience disruptions that adversely affect their academic performance in assessment activities. To assist students through their studies, the University provides support services. Whilst advice and recommendations may be made to a student, it is ultimately the student’s responsibility to access these services as appropriate.
http://www.mq.edu.au/policy/docs/disruption_studies/policy.html
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
IT Help
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
Graduate Capabilities
PG - Capable of Professional and Personal Judgment and Initiative
Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.
This graduate capability is supported by:
Learning outcomes
- Analyse and comprehend the characteristics and framework of the legal system in which corporations function and in which they are governed.
- Develop professional judgement in the various ways that companies are structured and how this affects the company’s activities and impacts on management, insolvency and governance factors.
- Critically evaluate key corporate governance and corporate social responsibility issues, in particular those that relate to the role and obligations of directors.
- Analyse perspectives on corporate governance and through research critically examine governance issues.
Assessment tasks
- 1. Article Analysis
- 2. Research Assignment
PG - Critical, Analytical and Integrative Thinking
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Learning outcomes
- Develop professional judgement in the various ways that companies are structured and how this affects the company’s activities and impacts on management, insolvency and governance factors.
- Critically evaluate key corporate governance and corporate social responsibility issues, in particular those that relate to the role and obligations of directors.
- Analyse perspectives on corporate governance and through research critically examine governance issues.
Assessment tasks
- 1. Article Analysis
- 2. Research Assignment
PG - Research and Problem Solving Capability
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Learning outcomes
- Analyse and comprehend the characteristics and framework of the legal system in which corporations function and in which they are governed.
- Develop professional judgement in the various ways that companies are structured and how this affects the company’s activities and impacts on management, insolvency and governance factors.
Assessment tasks
- 1. Article Analysis
- 2. Research Assignment
Changes from Previous Offering
The Unit has changed in 2017 by the inclusion of a research emphasis in the assessment format.
Research, Practice and Global Sustainability
Students are encouraged to consult different sources and search for external reading materials. This will enhance their understanding of the unit concepts and support their learning process. Examples of journals that can be consulted to follow up matters of interest in relation to corporate governance issues are: Australian Journal of Corporate Law; Company and Securities Law Journal.