Students pursuing corporations law course have to deal with assignments that ask them to guide clients. For that, they have to study and use the statute law and general common law practices to answer a set of questions related to a case or situation. Have to guide client in registering a company in your assignment? Get TLAW202 assessment answers here!
This assessment holds 40% weighting in the course.
There are two questions in this assessment that you have to answer. Every answer will be prepared in 1000 words. To answer this question, you need to know about –
- Incorporating and registering a company in Australia.
- What are the consequences of a company being a separate legal entity?
- What are the limitations of a separate entity doctrine?
To answer this question, you have to divide the assignment question into 3 different parts. These will be a discussion of the case, steps to incorporate a company and the tax benefits that Richard will enjoy from operating the business in a company structure.
Discussion of the case
Here, you need to tell the readers what all is given to you in the question. Do not repeat the entire question over again. Try to give a summary of what has been asked of you in this question. Do not forget to mention the role the characters in the case, Richard, David and Liam.
Incorporation of a company
Do not jump straight to the steps to register a company. Give it time and thought and talk briefly about what is the need of company incorporation. Also, you can discuss what all are the consequences when a business is registered as a company.
Then, discuss the steps that you, as a corporate lawyer, need to follow and guide the clients to register their small business as a company.
Every step has to be discussed and needs to define what Richard, the owner of the company, will do and what will the consequences be. To get an idea of what I am talking about, here is a snapshot of the TLAW202 assessment answer I prepared for a student.
This is the first step of the company registration that Richard needs to follow.
Similarly, the other steps need to be talked about.
Tax benefits from operating of business through a company structure
You have to take into account the fact that the company is a separate legal entity. Therefore, all the rules and regulations related to tax benefits that Richard and his sons will enjoy will be as per the laws in Corporations Act for the separate legal entity.
Unlike the answer to question 1, the TLAW202 assessment answer of question 2 is divided into 4 different sections. And the names of the sections also differ in this one. These are the case discussion, what are the rights of an employee, what are the penalties that would be paid and what other rights do the case needs to take into account.
Discussion of the case
Here, you need to talk about everything that you can about the case but in a limited space and words. The primary details that the question gives have to be mentioned as per your understanding. Afterwards, you need to tell what you have to do in the question. For example, talk about the relationship between Terry, Cosmo Mining Services Pty Limited and Cosmo Mine.
Rights of an employee
Here, you need to take a dive in the sea of Corporate Act. This is because you have to decide if the employees, current and former, have the right to sue the company or not for what they did. You need to identify which law gives the employees this power. Then, talk about the law and what section gives the power to the employees to take the action proposed.
If you have established above who and how can sue the company for the wrongdoings mentioned in the case, you need to now identify what will be the penalty that needs to be paid. Here you need to identify why is the company liable to pay penalty and how much do the employees can sue the company for.
For this, you need to search which law defines these situations and what all can the employees expect.
All these laws and rules that you discussed above are limited to when the case filing is done against CMS. But, the board decided to sell off the organisation to a Lazarus Pty Limited. So, to sue this organisation for the actions, there are other statutes that you need to look into.
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