Module: Company Law 2

Latest Module Specifications

Current Academic Year 2025 - 2026

Module Title	Company Law 2
Module Code	LAW1020 (ITS: LG236)
Faculty	Law & Government	School	Humanities & Social Sciences
NFQ level	8	Credit Rating	5

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

Section Breakdown
CRN	20597	Part of Term	Semester 2
Coursework	0%	Examination Weight	0%
Grade Scale	40PASS	Pass Both Elements	Y
Resit Category	RC1	Best Mark	N
Module Co-ordinator	Emma McEvoy	Module Teacher

Type	Description	% of total	Assessment Date
Assessment Breakdown
Formal Examination	n/a	100%	End-of-Semester

Reassessment Requirement Type
Resit arrangements are explained by the following categories; RC1: A resit is available for both^* components of the module. RC2: No resit is available for a 100% coursework module. RC3: No resit is available for the coursework component where there is a coursework and summative examination element. ^* ‘Both’ is used in the context of the module having a coursework/summative examination split; where the module is 100% coursework, there will also be a resit of the assessment

Pre-requisite	None
Co-requisite	None
Compatibles	None
Incompatibles	None

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

Indicative Reading List

Books:

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

Articles:
None

Other Resources

None