Module Details

Module Code: LAWS H4002
Module Title: Company Law 2
Title: Company Law 2
Module Level:: 8
Credits:: 5
Module Coordinator: Eileen Doyle
Module Author:: Sadhb Reddy
Domains:  
Module Description: The aim of this module is to equip students with a thorough and integrated knowledge and understanding of the concepts, principles and rules of Company Law in Ireland in relation to governance and insolvency of the private limited company, and to
assist the student in developing the analytical skills required to apply their legal knowledge to various problem scenarios.
 
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Critically evaluate the responsibilities of company officers and the role of external agencies in the governance of the private limited company and demonstrate an integrated and applied knowledge of the laws relating to that company governance.
LO2 Demonstrate an in-depth comprehension of the laws dealing with receivership, examinership and liquidation, and demonstrate the ability to assess the impact of such events on a company.
LO3 Demonstrate an ability to research aspects of company law either independently or as part of a group and apply the knowledge gained to formulate solutions to case studies involving company law.
Dependencies
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.
No recommendations listed
Co-requisite Modules
No Co-requisite modules listed
Additional Requisite Information
No Co Requisites listed
 
Indicative Content
Corporate Governance
Company Secretary- Appointment, Status, Functions and Duties. Auditors- Appointment, Qualifications, Removal, Resignation and Replacement. Office of the Director of Corporate Enforcement - function and powers; Restriction and Disqualification. Companies Registration Office - function and powers.
Accounting Records
Introduction; Filing and Audit Requirements; Application to Different Size Companies; Liability for Failure to Keep Proper Books of Account. The Directors’ Report. The Auditors’ Report
Company Borrowing and Security
Borrowing powers; Loan agreements; Mortgages and Charges; Fixed Charges; Floating Charges; Fixed Charges over Book Debts; Quasi Security. Events of Default. Registration of Charges. The Law of Priorities.
Insolvency
Examinership - Appointment of Examiner; Consequences of Appointment; Functions, duties and powers of Examiner. Receivership - Appointment of Receiver; Functions, duties and powers of Receiver. Liquidation - Voluntary and Official - Appointment of Liquidator; Functions, duties and powers Liquidator; Asset swelling provisions available to Liquidator; The Law of Priorities.
Module Content & Assessment
Assessment Breakdown%
Continuous Assessment30.00%
End of Module Formal Examination70.00%

Assessments

Full Time

Continuous Assessment
Assessment Type Project % of Total Mark 30
Timing Ongoing Learning Outcomes 1,2,3
Non-marked No
Assessment Description
Project. This will assess the student’s ability to use analytical and research skills gained to apply knowledge of statute, case law and commentary to a relevant established or evolving area of the law relating to companies, through research, critical analysis and reasoning. Students will be expected to demonstrate an ability to argue for both sides of a given hypothesis or problem.
No Project
No Practical
End of Module Formal Examination
Assessment Type Formal Exam % of Total Mark 70
Timing End-of-Semester Learning Outcomes 1,2,3
Non-marked No
Assessment Description
End-of-Semester Final Examination

SETU Carlow Campus reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Workload Category Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact No Description 12 Weeks per Stage 3.00 36
Independent Learning Time Non Contact No Description 15 Weeks per Stage 5.93 89
Total Weekly Contact Hours 3.00
Workload: Part Time
Workload Type Workload Category Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact No Description Every Week 1.50 1.5
Total Weekly Contact Hours 1.50
 
Module Resources
Recommended Book Resources
  • G. Brian Hutchinson,Ronan Keane. (2016), Keane on Company Law, 2nd Ed.. Bloomsbury Publishing, p.791, [ISBN: 9781780435428].
  • Gráinne Callanan. (2015), An Introduction to Irish Company Law, Gill Education, p.336, [ISBN: 9780717158454].
  • Michael Forde & Hugh Kennedy. (2017), Company Law (5th Edition), Round Hall.
  • Thomas B. Courtney,G. Brian Hutchinson,Dáibhí O'Leary. (2016), The Law of Companies, 3rd. Bloomsbury Publishing, p.2944, [ISBN: 9781780438405].
Supplementary Book Resources
  • Dr. Deidre Ahern. (2009), Directors Duties Law & Practice, Round Hall (Thompson Reuters).
  • Ronan Keane &Ailbhe O’Neill. (2009), Corporate Governance & Regulation : An Irish Perspective, Round Hall.
  • Michael Forde &Hugh Kennedy & Daniel Simms. (2008), Law of Company Insolvency, Round Hall.
  • Nessa Cahill. (2008), Company Law Compliance and Enforcement, Tottel.
  • Eavan Murphy. (2015), Make that Grade: Irish Company Law (5th edition), Gill and Macmillan.
  • Christopher Doyle. (2002), The Company Secretary : A Guide to the Law (2nd Edition), Round Hall.
  • Paul Dobbyn. (2007), Restriction and Disqualification of Directors : Companies Act 1990: A Digest of Cases, Clarus.
Recommended Article/Paper Resources
  • Commercial Law Practitioner(Westlaw).
  • See library internet database for non Irish comparative journals etc.
Other Resources
  • Company Law Review Group,
    http://www.clrg.org/
  • www.irishstatutebook.ie/.
  • http://www.odce.ie, Office of the Director of Corporate Enforcement.
  • http://www.cro.ie, Companies Registration Office.
  • www.oireachtas.ie/.
  • www.courts.ie/.
  • http://www.basis.ie.
  • http://www.cid.ie/, Company Information Direct.
  • http://www.insolvencyjournal.ie/index.as px.
Discussion Note: