Beruflich Dokumente
Kultur Dokumente
Corporate Law
Corporations Act of 2001 & related laws
Expectations
Understand company law and business
entities
Identify issues relevant to corporations
law
Resolve this issues
Decision making
Materials
Corporations Act of 2001
Corporations Law: In Principle (9th Ed),
Tony Ciro and Christopher Symes (2009),
Thomson Reuters Australia Ltd., NSW
Case law
Method of teaching
Class discussions
Recitations
Lectures
Your grades
Assignment 30%
Mid-semester test 10%
Final Examination 60%
House Rules
No eating
No sleeping
No
Facebook/instagram/youtube/websurfing
Maximum of two absences
15 minute rule
Always come to class prepared.
Failure to prepare is preparing to fail.
Preliminaries
What is a corporation?
A corporation is an artificial being
created by operation of law, having the
right of succession and the powers,
attributes and properties expressly
authorized by law or incident to its
existence.
Tax collection
Futures trading most of these publicani would
buy future taxes and pocketed whatever they
would collect.
Pre-1991
Administration of AU Company law has been complicated by
Australias political system.
New South Wales v. Commonwealth (1990)
Whether the commonwealth has the power to prescribe laws for the
formation of corporations.
the corporations power was confined to making laws with respect to
companies that had commenced trading and could not be interpreted so
as to support laws providing for the formation of companies.
Formed
"The Parliament shall, subject to this Constitution, have power to make
laws for the peace, order, and good government of the Commonwealth
with respect to...(xx) foreign corporations, and trading or financial
corporations formed within the limits of the Commonwealth...
the section was meant to apply to already formed companies
Cooperative scheme
The Commonwealth Parliament passed a
package of legislation regulating
companies and securities that directly
applied in the Australian Capital Territory.
Each state then passed statutes applying
the Commonwealth acts as part of the
law of that State.
Pre-2001
The Constitution gives the
Commonwealth government a limited
power to make laws with respect to
formation of corporations and trading or
financial corporations formed within the
limits of the Commonwealth.
The power to legislate for the registration
(formation) of corporations belong to the
States.
Each State passed and administered its
own companies act.