Registry

Module Specifications

Current Academic Year 2012 - 2013
Please note that this information is subject to change.

Module Title	Company Law 2
Module Code	LG236
School	School of Law & Government
Online Module Resources
Module Co-ordinator	Semester 1: Cliodhna Murphy Semester 2: Cliodhna Murphy Autumn: Cliodhna Murphy
Module Teacher	Cliodhna Murphy
NFQ level	8	Credit Rating	5
Pre-requisite	None
Co-requisite	None
Compatibles	None
Incompatibles	None

Description

This module will consider the legal mechanisms through which a company can obtain finance for its business and the legal response to solvency problems associated with failing businesses. The module will consider three broad theses: equity finance, debt finance and corporate insolvency law.

Learning Outcomes

1. Identify the principal sources of finance for commercial enterprise and explain the principal rules of company law which impact on financing a commercial venture through the corporate form.
2. Apply the rules of capital maintenance to practical transactions and critique the continued application of these rules to Irish companies.
3. Evaluate and explain the role of examinerships as a legal response to corporate failure.
4. Critically appraise the role of liquidators in winding-ups.

Workload	Full-time hours per semester
*Type*	*Hours*	*Description*
Lecture	24	No Description
Independent learning	101	No Description
Total Workload: 125

All module information is indicative and subject to change. For further information,students are advised to refer to the University's Marks and Standards and Programme Specific Regulations at: http://www.dcu.ie/registry/examinations/index.shtml

Indicative Content and Learning Activities

The legal nature of the share and the regulation of share transfer.
The rules of share capital maintenance.

Debt finance: unsecured credit.
Debt finance II: secured credit including the registration of charges.

Debt finance III: the role and function of receivers.
Modes of winding-up a company.

Members’ and creditors’ voluntary wind-ups.
The court ordered winding-up process.

The impact of winding-up on corporate transactions.
The role and function of examiners.

Assessment Breakdown
Continuous Assessment	50%	Examination Weight	50%

Course Work Breakdown
Type	Description	% of total	Assessment Date
Assignment	Problem Based Assignment	50%	n/a

Reassessment Requirement
Resit arrangements are explained by the following categories; 1 = A resit is available for all components of the module 2 = No resit is available for 100% continuous assessment module 3 = No resit is available for the continuous assessment component
This module is category 1

Indicative Reading List

Thomas B. Courtney,: 2002, The Law of Private Companies, 2nd, Bloomsbury, 978-1845923679
Thomas Courtney (Editor), Lyndon Maccann (Editor): 2010, Companies Acts 1963-2006, Bloomsbury, 978 1 84766 481 5
Eilis Ferran,: 0, Corporate Finance Law, OUP, 978-0199230518
A Hudson: 2009, Law of Finance, Sweet & Maxwell, 9780421947306
Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry B. Hansmann, Gérard Hertig, Klaus J. Hopt, Hideki Kanda, Edward B. Rock,: 0, The Anatomy of Corporate Law, 2nd, OUP, 978-0199565849
Professor Sir Roy Goode, Louise Gullifer (Contributor): 0, Goode on Legal Problems of Credit and Security, 4th, Sweet & Maxwell, 978-0414042148

Other Resources

None

Array

Programme or List of Programmes

BCL

BCL (Law and Society)

EPL

BA in Economics, Politics and Law

EPLYA

BA in Economics, Politics and Law

Timetable this semester: Timetable for LG236

Date of Last Revision