UNIT 37: COMPANY LAW

\UNIT 37: COMPANY LAW

Unit 37:
Unit code: QCF level: Credit value:

Company Law
M/601/1069 5 15 credits



Aim

The aim of this unit is to provide learners with a knowledge and understanding of the law on companies and the skill to apply the rules particularly in business situations.



Unit abstract

In this unit learners develop an understanding of the different types of company, company formation and the required documentation. The unit then considers capital, the creation of shares and the rights of shareholders. It also looks at directors and their powers and duties. Finally, the unit examines the winding up a company.


1 2 3 4

Learning outcomes
Understand the nature of a company Be able to draw up the constitution of a company Understand share capital and capital maintenance Understand about shareholders, directors, charges and insolvency.

On successful completion of this unit a learner will:

BH023329 – Edexcel BTEC Levels 4 and 5 Higher Nationals specification in Business – Issue 1 – April 2010 © Edexcel Limited 2010

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UNIT 37: COMPANY LAW

Unit content

1

Understand the nature of a company Classification: corporations and of registered companies; separate legal personality – advantages and disadvantages; lifting the veil; civil/criminal responsibility; promoters and preincorporation contracts; registration and re-registration; commencement of tradingHND Assignment Help

2

Be able to draw up the constitution of a company Constitution: the memorandum of association; the articles of association; alteration; doctrine of ultra vires and its effect; prospectus and listing particulars

3

Understand share capital and capital maintenance Capital: types of capital; issue of shares; membership; class rights; transfer and disclosure requirements; dividends; capital maintenance; insider dealing

4

Understand about shareholders, directors, charges and insolvency Shareholders and directors: types of meetings and resolutions; powers of directors; management of the company; duties of directors; statutory regulation; minority protection; rights of shareholders and debenture holders; fixed and floating charges and their registration; compulsory liquidation; voluntary winding up; assets and liabilities in liquidation It is important that learners use the most up-to-date textbooks and legislation – currently The Companies Acts 1985 and 2006.

Influences on health and social care organization 

Theories and concept of human development and behavior

182

BH023329 – Edexcel BTEC Levels 4 and 5 Higher Nationals specification in Business – Issue 1 – April 2010 © Edexcel Limited 2010

UNIT 37: COMPANY LAW

Learning outcomes and assessment criteria

Learning outcomes
On successful completion of this unit a learner will: LO1 Understand the nature of a company

Assessment criteria for pass
The learner can: 1.1 explain the concept of corporate personality and lifting the veil 1.2 analyse the advantages and disadvantages of incorporation 1.3 describe the law on promoters and pre-incorporation contracts 1.4 explain the requirements for registration and commencement of trading

LO2 Be able to draw up the constitution of a company

2.1 apply the requirements for the memorandum to a given scenario 2.2 draw up the articles of association in a given scenario 2.3 evaluate the doctrine of ultra vires and its effect 2.4 explain the contents of a prospectus and listing particulars

LO3 Understand share capital and capital maintenance

3.1 explain the different types of capital 3.2 assess the law on issue of shares, class rights and dividends 3.3 discuss the law applicable to capital maintenance and insider dealing

LO4 Understand about shareholders, directors, charges and insolvency

4.1 describe the duties and powers of directors 4.2 explain the rules on the different types of meetings 4.3 discuss the law on minority protection 4.4 evaluate the rights of shareholders and debenture holders 4.5 discuss rights on liquidation.

BH023329 – Edexcel BTEC Levels 4 and 5 Higher Nationals specification in Business – Issue 1 – April 2010 © Edexcel Limited 2010

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UNIT 37: COMPANY LAW

Guidance

Links
This unit has links with the other law units within this specification.

Essential requirements
Learners will require access to a library which contains key texts and materials relating to company law.

Employer engagement and vocational contexts
Centres should develop links with local businesses. Many businesses and chambers of commerce want to promote local business and are often willing to provide visit opportunities, guest speakers or information about their business and the local business context.
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