| Dependencies |
Module Recommendations
This is prior learning (or a practical skill) that is strongly recommended before enrolment in this module. You may enrol in this module if you have not acquired the recommended learning but you will have considerable difficulty in passing (i.e. achieving the learning outcomes of) the module. While the prior learning is expressed as named MTU module(s) it also allows for learning (in another module or modules) which is equivalent to the learning specified in the named module(s).
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| It is desirable that company law would be taken in their 3rd year and that students would have taken law as a full subject in each preceeding year. |
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module. You may not earn additional credit for the same learning and therefore you may not enrol in this module if you have successfully completed any modules in the incompatible list.
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| No incompatible modules listed |
Co-requisite Modules
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| No Co-requisite modules listed |
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed. You may not enrol on this module if you have not acquired the learning specified in this section.
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| No requirements listed |
| Indicative Content |
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Membership and Shares
Different categories of shares. The rights of a shareholder. Transfer of shares. Directors' power to refuse a share transfer. Pre-emption rights. Capital maintenance rules.
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Meetings
The rules governing general meetings of the company. Location, notice and quorum. Business of an AGM. Ordinary and special resolutions. Summary approval procedure. Meetings of the Board of Directors.
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Minority Protection
Majority rule and minority protection. The statutory remedy under S212 Companies Act 2014. The meaning of oppression/disregard of interests. Orders under S212.
The common law rule in Foss v Harbottle. Exceptions to the rule in Foss v Harbottle.
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Loan Capital and Charges
Fixed and floating charges. Priority of charges. Negative pledges. The rules governing the registration of charges. Consequences of non registration.
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Company Insolvency and Business Recovery
The appointment of a receiver. Qualifications and powers of a receiver. Duties owed by the receiver.
Appointment of a liquidator. Compulsory and voluntary liquidation. Powers and duties of the liquidator. The winding-up process.
Appointment of an Examiner. Jurisdiction of the Circuit Court/High Court. Role of the Examiner - duties and powers. Conclusion of the process.
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The University reserves the right to alter the nature and timings of assessment
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Module Resources
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| Recommended Book Resources |
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Grainne Callanan. (2015), An Introduction to Irish Company Law, 4th. Gill and McMillan, Dublin, [ISBN: 978 071715845].
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Anthony Thuillier. (2015), Company Law in Ireland, 2nd. Clarus Press, Dublin, [ISBN: 9781905536757].
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| Supplementary Book Resources |
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Nessa Cahill. (2008), Company Law Compliance and Enforcement, 1st. Bloomsbury Professional, Dublin, [ISBN: 978 1 84592 105 7].
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Dr Thomas Courtney. (2012), Law of Private Companies, 2nd. Bloomsbury Professional, [ISBN: 9781847669513].
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Brian Hutchinson. (2016), Kean on Company Law, 5th. Bloomsbury Professional, Dublin, [ISBN: 9781780435428].
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| This module does not have any article/paper resources |
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| Other Resources |
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Website, Department of Enterprise, Trade and
Employment,
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Website, Companies Registration Office [CRO],
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Website, Company Law Reform Group,
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Website, Office of the Director of Corporate
Enforcement [ODCE],
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