company law assignment. in this you have to prepare question and answer with a client about business

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company law assignment. in this you have to prepare question and answer with a client about business and strategies to open new business.maximum ques should be 10 to 11 with proper headings client like in tabular form.please provide references and use harvard style. please read assignment properly and also add content page and one page of executive summary describing about whole assignment in begining and its submission is 21 not 23LAWS20059 / LAWS20029 – TERM 3, 2015ASSESSMENT 1 – INDIVIDUAL ASSIGNMENTMarks:30% of the overall assessment for the courseSubmission:Online via MoodleFormat:One file in .doc or .docx (MSWord) format.Submissions in any other file format (e.g. .zip) will be treated asa non-submission.Due date:11.45pm, 23 December 2015Word limit:Word limits are set out below for each part.Extensions policy:The university policy on extensions of time will be strictly enforced. Extensions will usually only beconsidered if made via the online system and based on medical or compassionate grounds. Anyextension application should be made before the due date for submission. Medical conditions shouldbe supported by a medical certificate, and, since students are expected to start the assignment early,temporary or last-minute conditions are usually not grounds for an extension. Professionals areexpected to manage their time to meet their obligations, so work or personal commitments areinsufficient grounds for an extension.Plagiarism:The university’s plagiarism policy will also be strictly enforced. If plagiarism is found, a minimumpenalty is likely to be zero marks for the assessment. It could be worse.Your BriefYour overall task is to advise a client or clients on how to structure their business – either as a soletrader, partnership, joint venture, or company. You do not have to consider all four of these in youradvice – which ones are relevant will depend on the clients’ circumstances. You should not considertrusts, as they are used primarily to minimise tax, and tax law is not part of this course. (Assume thatthe clients instruct you that they had a bad past experience with trusts because of the extraadministration and accountancy fees that trusts create, and they don’t want to do that again). Youshould generally avoid any substantial advice on tax, although you can make some basic comments.The tax implications of business structures are a lot more complicated than websites (such as theATO) suggest, and since tax is not part of this course, it is best to avoid it.In order to provide this advice you need to perform these 4 sub-tasks:1. Draw up a list of questions to ask your client so as to gather the information and instructionsnecessary for you to advise.2. Write down your clients’ answers to the questions, including any follow-up queries to clarifythe answers.3. Research the law relevant to your advice.4. Write an advice directed to the clients’ situation, including a recommendation on the bestform of business structure for their needs.2The ClientThe intention of the assignment is that you will obtain instructions from a real person who is in abusiness, or is interested in setting up a business. The person is likely to be a friend or familymember, but in any event they need to be willing to answer your questions. It doesn’t have to be areal existing business; it may be a business that they dream about setting up. (Perhaps, by talking tothem about it, you will encourage them to fulfil their dream!) You should tell them thatit is animaginary exercise for the purpose of your studies, but you would like real information if they don’tmind giving it. You must make sure that they do NOT think that they are getting real legal advicefrom a qualified person, or that the advice will be verified or approved by the university.If you can’t find anyone to assist, you could try searching the Internet for a business that would besuitable for your advice, but remember that you have to be able to get the necessary information toanswer your questions. You could also ask a few friends to make up a business and talk amongstthemselves about it before answering your questions. The important thing is that the information theygive you should be sensible and consistent, so that the advice is based on a realistic case.PreliminaryProbably the biggest mistake students make in doing assignments is that they do not study as theywould for an exam. Instead, they start by looking at the assignment and then try to look up only theparts of the course that look like they are relevant to the assignment. The trouble is, you cannot saywhat the relevant parts of the course are without knowing the course first. In real life you need tounderstand all the concepts so that you can identify the relevant issues when a client approaches you.So the best preparation for the assignment is simply to study the course properly. Understanding ofthe modules preceding the assignment due date will be sufficient, but you can go beyond that if youwish. You will need a good conceptual understanding of the legal principles before you work outwhat questions to ask your client. You will also need a good conceptual understanding to work outwhat to research and, more importantly, what NOT to research. And you will need a good conceptualunderstanding to formulate your advice. If you try to isolate your study to the areas raised directly bythe assignment, your advice is likely to be disjointed and omit some important aspects.You also need to start work on your assignment early. This is not the sort of assignment that you cando within a day or so of the due date.The QuestionsBefore providing advice to a client, you need to get the necessary information or instructions. Therewill be some information that is essential to your advice, and other information that is useful asbackground. You should have a general understanding of a business before advising on it. You needto think about what a client will want to know in this situation so that they can make their decision,what law will be relevant to it, and what information you need in order to apply that law to the facts.You will be assessed on the quality of the questions you ask, especially on their relevance to theadvice.The Answers to the QuestionsAs stated above, the answers to the questions should be real, or at least realistic. That is why it ismuch better to use a real life situation with a real person, because they are likely to give sensible,consistent information. If you start making things up, it is harder for the information as a whole to be3coherent. The answers should be submitted along with the questions, but you will not be assessed onthe answers. However, clients often give incomplete answers, and as a professional you may have toask extra questions to get the information you need. If you fail to do this, leaving a hole in yourinstructions, your marks for the questions may be reduced. Inevitably, clients are very wordy in theiranswers, so you may have to summarise here to meet the word limit for this section.Legal ResearchIn practice, you would not give a lot of detail about technical law in your advice to a client, but for thepurposes of the course you should describe the law you regard as relevant to your advice, includingreferences to sections of statutes and relevant cases. You also need to explain WHY the law you aredescribing is relevant to the issues in the assignment. Remember, you are advising a client on whatbusiness structure to adopt. This does NOT mean that you simply write out all the law related to thevarious business structures. Not all of it will be relevant to a decision about what business structure toadopt. In marking your research component, the marker will be comparing it to a similar situation inpractice. In practice, unnecessary research is costly to your client and to your employer.Recommendations to the ClientHaving conducted the necessary research, you need to apply it to the facts of your clients’ situationand make a recommendation about the structure that the client should adopt. You need to considerthe pros and cons of the alternatives, firstly because the client will have to weigh up the alternatives(it’s their decision, not yours), and secondly because they may not accept your first recommendation.What you submitYou need to submit one file including:A Title Page – including your name, student number, and total word countPart 1 – Questions with your clients’ answers. Each question should have its own answerimmediately following it: (maximum: 600 words, 7.5 marks)Part 2 – Relevant law: (maximum: 1,000 words, 10 marks)Part 3 – Reasoned recommendations to the client: (maximum: 400 words, 7.5 marks)Presentation (5 marks)A mark between 0 and 5 is available for the professional qualities of your work. This includes thingslike: written presentation, structure and formatting with consistent headings, fonts and pagenumbering; spell-checking; logical flow of explanations; conciseness and relevance; generalreadability. Your answers must be expressed in your own words. You will not receive marks forcopying slabs of text (even if they are referenced) if there is no genuine attempt to summarise.Generally, law in any part of your answer should be properly referenced in accordance with the Guideto Legal Citation linked on the moodle site. Poor referencing will adversely affect your presentationmark. Citations in footnotes or endnotes are not included in the word counts, but substantial text infootnotes or endnotes is.

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