Purpose
To enable you to research and explore an aspect of corporate law governance and regulation. It is important for you to have time to think through how to structure and present arguments, and to review and discuss what the law is or should be in a particular area. Whilst discussion with others is encouraged, the final piece of work must be your own.
The Assignment will be marked out of 100 and is worth 35% of your total mark for the BULAW5915 course.
Word Limit
2,300-2,500 (assignments exceeding the word limit may not be marked and may be returned to the student for re-writing; assignments less than the required length will risk not covering the topic adequately and may result in a fail). Do not include synopsis, references or bibliography in the word count.
Note: All Federation University Australia rules relating to referencing, citation and acknowledgement must be complied with.
Due Date
Please consult your lecturer for the due date. Please ensure you re-read the Course Description for details of the assignment criteria.
Required – Complete both Task A and Task B
Task A (55 marks)
Explain the intended purpose, or role, of the Annual General Meeting (AGM), and discuss whether the AGM fulfils that role. In your response consider challenges of shareholder engagement and the impact and effectiveness of the ‘two strike rule’.
SUPPORT YOUR ANSWER BY REFERENCE TO RELEVANT CASES AND LEGISLATION.
Hint
You may find it useful to read relevant chapters of the 2012 report by CAMAC (Corporations and Markets Advisory Committee) addressing issues of the AGM and shareholder engagement, and to consider similar publications.
Task B (45 marks)
In March 2015 the Senate considered – and passed – the Corporations Legislation Amendment (Deregulatory and Other Measures) Bill 2014 (Cth). If the Bill receives Royal Assent, what impact, if any would there be on the ‘100 member rule’ and do you consider this to be a positive or negative impact? Why?
Hint
Consider s249D of the Corporations Act 2001 (Cth).