LAW 2450 COMPANY AND FINANCE LAW ASSESSMENT 2

PART 1:

This assessment is an individual assessment and consists of TWO parts.

The total mark for the assessment is 40 and is made up of:

Written assessment: 30 marks

And

Video presentation 10 marks.

PART 1:

This part consists of a written advice report where you will be required to provide written advice (supported by legislation, case law and where appropriate regulatory guidelines)

To obtain marks for this assessment, BOTH the written report and the Video must be completed. If both items are not done, then NO marks will be awarded at all for the assessment.

Part 1 is worth 30 marks

The assessment is available from Wednesday 14 September 2022 at 9 am.

The due date is Thursday 22 September 2022 5.00 pm via Turnitin.

The word limit for the written report will be 2,500 words plus or minus 10%. This excludes the bibliography or referencing.

Expectations in preparation of the report:

The organisation that you work for has a growing profile in the profession and therefore expects all staff to demonstrate a high degree of professionalism.

In the advice that you are to prepare you are expected to demonstrate that you understand the relevant law and how the law applies to the issues raised by the client and come to a logical conclusion.

You are also expected to be able to justify your conclusion by reference to the relevant legislation in the Corporations Act, ASIC Act, or any other legislation you think appropriate, ASIC regulatory guidelines and case law.

Your senior manager has high expectations of you and she will not accept:

any grammatical errors or unsubstantiated statements or conclusions made in your report.
Incorrect spelling or references to the client
She will not tolerate any material copied from textbooks, google or any other source which you attempt to pass off as your own material.
Any references you make to articles, journals or other textbooks must have been reviewed or read and understood by you and correctly referenced.

You must use the RMIT Harvard System for referencing. Here is the link to how to use the above referencing system.

Referencing – RMIT University

You have been with the organisation for six months and you are in line for a pay rise and promotion. Your performance on this task could determine whether you get them or not.

Background:

You have recently graduated as an accountant/ financial adviser and your first position is with medium sized integrated accounting and financial services organisation in Melbourne.

The directors of Metrix Pty Ltd (Metrix) a large private company that is involved in the building of residential homes throughout Australia has sought an appointment. You have been asked by your senior manager (Megan) to sit in on a meeting of the client and the directors and to take notes on the issues raised and then to prepare a written report on the matters for review by your senior manager. The meeting is scheduled for Tuesday 13 September at 8 am. You will be expected to take notes of the meeting and then prepare a statement of advice for Megan to review. Once she is happy with it, she will send out to the client.

Format of report

You will be preparing a statement of advice addressed to Megan where you will be expected to identify the corporate or finance legal issues that arise from the meeting. You will then be required to apply the law to the issues and support your opinion by reference to case law, legislation, or regulatory guidelines.

We are NOT looking for a legal dissertation on Corporate and Finance Law. We are looking for you to be able to demonstrate that:

You understand the law
You understand how to apply the law to the issues raised in the meeting by the client
You come to a conclusion.

You are preparing a statement of advice to be read by a client who is not a corporate and finance law expert.

However in your answering when you make a statement you need to be able to quote the relevant law to justify your answer.

Below is the suggested template for the report you are to write to Megan

TEMPLATE FOR REPORT TO MEGAN

Memorandum of Advice:

To: Megan

From: (Your name)

Client: Insert Client name

Date:

Introduction:

Further to the meeting with (insert name of client) on Tuesday 13 September 2022 I now set out my advice based on my understanding of the matters raised by the client. Where the information from the meeting was not clear to me I have stated the assumptions upon which my advice is based.

Issue 1:

Answer all the questions raised identifying the issues raised from your understanding of the facts, apply the relevant law (case law and legislation) to the issue and come to a conclusion.