Module: Company Law 2

Module Specifications.

Current Academic Year 2024 - 2025

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Date posted: September 2024

Module Title	Company Law 2
Module Code	LG236 (ITS) / LAW1020 (Banner)
Faculty	Humanities & Social Sciences	School	Law & Government
Module Co-ordinator	Emma Mcevoy
Module Teachers	-
NFQ level	8	Credit Rating	5
Pre-requisite	Not Available
Co-requisite	Not Available
Compatibles	Not Available
Incompatibles	Not Available

Repeat examination

Description

This module will consider the legal mechanisms through which a company can obtain finance for its business and the legal response to solvency problems associated with failing businesses. The module will consider three broad theses: equity finance, debt finance and corporate insolvency law.

Learning Outcomes

1. Identify the principal sources of finance for commercial enterprise and explain the principal rules of company law which impact on financing a commercial venture through the corporate form.
2. Apply the rules of capital maintenance to practical transactions and critique the continued application of these rules to Irish companies.
3. Evaluate and explain the role of examinerships as a legal response to corporate failure.
4. Critically appraise the role of liquidators in winding-ups.

*Type*	*Hours*	*Description*
Workload	Full-time hours per semester
Lecture	24	No Description
Independent Study	101	No Description
Total Workload: 125

All module information is indicative and subject to change. For further information,students are advised to refer to the University's Marks and Standards and Programme Specific Regulations at: http://www.dcu.ie/registry/examinations/index.shtml

Indicative Content and Learning Activities

The legal nature of the share and the regulation of share transfer

The rules of share capital maintenance

Debt finance: unsecured credit

Debt finance II: secured credit including the registration of charges

Debt finance III: the role and function of receivers

Modes of winding-up a company

Members’ and creditors’ voluntary wind-ups

Restriction of directors and section 819 of the Companies Act 2014

The impact of winding-up on corporate transactions

The role and function of examiners

Assessment Breakdown
Continuous Assessment	100%	Examination Weight	0%

Type	Description	% of total	Assessment Date
Course Work Breakdown

Reassessment Requirement Type
Resit arrangements are explained by the following categories: Resit category 1: A resit is available for both* components of the module. Resit category 2: No resit is available for a 100% continuous assessment module. Resit category 3: No resit is available for the continuous assessment component where there is a continuous assessment and examination element.
* ‘Both’ is used in the context of the module having a Continuous Assessment/Examination split; where the module is 100% continuous assessment, there will also be a resit of the assessment
This module is category 1

Indicative Reading List

Thomas Courtney: 2016, The Law of Companies, 4th, 9781780438405
Brian Hutchinson: 2016, Keane on Company Law, 5th, 9781780435428
A Hudson: 2009, Law of Finance, Sweet & Maxwell, 9780421947306
Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry B. Hansmann, Gérard Hertig, Klaus J. Hopt, Hideki Kanda, Edward B. Rock,: 0, The Anatomy of Corporate Law, 2nd, OUP, 978-0199565849

Other Resources

None