TBB2220

Law of business organisations

Dr Ashraf Kazi and Andrew Coleman

6 points
* One 2-hour lecture and one 1-hour tutorial per week
* Second semester
* Berwick
* Prerequisite: TBB 1202

Objectives The subject aims to provide an understanding of the law applicable to the operation of partnerships, companies and trusts as trading entities. It builds upon the principles developed in contract law. The subject bridges the disciplines of accounting and law and provides the student with a knowledge of the law of business entities thus enabling them to recognise the existence of problems which require use of the law in reaching solutions.

Synopsis Formation of partnership; the contract of partnership and fiduciary obligations; partnership property; liability of partners to third parties; liability of non-partners; dissolution and winding up of partnerships; incorporation of companies and its effect; types of companies, memo and articles of association, share capital, liability to third parties, internal management and duties of directors and majority shareholders, auditors duties, receivership and official management trusts.

Assessment Two assignments (each 2000 words): 40%
* Examination (3 hours): 60%
* Students must obtain a mark of 50% for the examination and for the subject as a whole to pass the subject.

Prescribed texts

Australian Corporation and Securities Legislation (any recent edition)
Baxt R and Fletcher K Afterman and Baxt's cases and materials on corporations and associations Butterworths, latest edn
Graw S An outline of the law of partnership Law Book, latest edn
Higgins PFP and Fletcher KL The law of partnership in Australia and New Zealand Law Book, latest edn
Lipton P and Herzberg A Understanding company law 6th edn, Law Book 1996
The partnership legislation in force in your jurisdiction