LEGS7001 - Company Law Fundamentals

Module Details

Module Code: LEGS7001
Title: Company Law Fundamentals
Long Title: Company Law Fundamentals
NFQ Level: Intermediate
Valid From: Semester 1 - 2016/17 ( September 2016 )
Duration: 1 Semester
Credits: 5
Field of Study: 3800 - Law
Module Delivered in: 1 programme(s)
Module Description: This module is intended to provide students with an understanding of the legal rules governing the formation, capacity and governance of companies in Ireland.
 
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Describe the process involved in the formation of a registered company.
LO2 Explain the meaning and significance of the principle of separate legal personality
LO3 Describe the legal rules governing corporate authority and capacity
LO4 Explain the legal rules governing the appointment, removal and management role of directors.
LO5 Describe the legal duties of a director and explain the effect of a breach of duty
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).
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.
No incompatible modules listed
Co-requisite Modules
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.
No requirements listed
 
Indicative Content
Formation
The incorporation process for registered companies - private, public and designated activity companies. The role of the Companies Registration Office. Company Constitution requirements
Separate Legal Personality
The development of the concept of separate legal personality. The veil of incorporation. The need for regulation of Companies. The role of the CRO/ODCE. Lifting the veil at common law and statute.
Corporate Authority
The legal capacity of the company - private, public and designated activity companies. The objects clause and the ultra vires rule. The indoor management rule,
Directors
The legal rules governing the qualifications, appointment and removal of directors. The role of the director. Powers of the director.
Director's duties
Categories of director recognised under Irish Law. Statutory duties of a director under the Companies Act 2014. Restriction and disqualification orders.
Module Content & Assessment
Assessment Breakdown%
Coursework30.00%
End of Module Formal Examination70.00%

Assessments

Coursework
Assessment Type Short Answer Questions % of Total Mark 30
Timing Week 10 Learning Outcomes 1,2,3,4
Assessment Description
Problem based assessment based on a factual scenario. Students must identify the legal issue, select and then apply the appropriate legal rules to reach a reasoned conclusion
End of Module Formal Examination
Assessment Type Formal Exam % of Total Mark 70
Timing End-of-Semester Learning Outcomes 1,2,3,4
Assessment Description
End-of-Semester Final Examination
Reassessment Requirement
Repeat examination
Reassessment of this module will consist of a repeat examination. It is possible that there will also be a requirement to be reassessed in a coursework element.

The University reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact Class based instruction Every Week 3.00 3
Independent & Directed Learning (Non-contact) Non Contact Study and research Every Week 4.00 4
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 3.00
Workload: Part Time
Workload Type Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact No Description Every Week 2.00 2
Independent & Directed Learning (Non-contact) Non Contact No Description Every Week 5.00 5
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 2.00
 
Module Resources
Recommended Book Resources
  • Grainne Callanan. (2015), An Introduction to Irish Company Law, 4th. Gill and McMillan, Dublin, [ISBN: 978 071715854].
  • Anthony Thuillier. (2015), Company Law in Ireland, 2nd. Clarus Press, Dublin, [ISBN: 9781905536757].
Supplementary Book Resources
  • Brian Hutchinson. (2016), eane on Company Law, 5th. Bloomsbury Professional, Dublin, [ISBN: 9781780435428].
  • Dr Thomas Courtney. Law of Private Companies, 2nd. Bloomsbury Professional, [ISBN: 9781847669513].
  • Nessa Cahill,. (2008), Company Law Compliance and Enforcement, 1st. Bloomsbury Professional, Dublin, [ISBN: 978 1 84592 105 7].
This module does not have any article/paper resources
Other Resources
 
Module Delivered in
Programme Code Programme Semester Delivery
CR_BACCT_8 Bachelor of Business (Honours) in Accounting 7 Group Elective 1