Code
CW_HRCYL_S
Location
Carlow
Campus
Kilkenny Road
- Level Level 8
- Duration 12 weeks
- Credits 10
- Delivery Part-time
- Application Status Open
The Certificate in Company Law 1 aims to equip students with a thorough and integrated knowledge and understanding of the concepts, principles and rules of Company Law in Ireland in relation to formation and operation of the private limited company, and to assist the student in developing the analytical skills required to apply their legal knowledge to various problem scenarios.
On completion of the course learners will be able to distinguish between the different types of companies recognised by the Companies Act 2014 (the private company limited by shares (“LTD”); the designated activity company (“DAC”); the public limited company (“PLC”); the company limited by guarantee (“CLG”); unlimited companies (“UC”), and external companies) and partnerships and sole traders, and be able to critically analyse the advantages and disadvantages associated with the various types of business organisations. They will be able have an enhanced understanding of the importance of the Promotion, Formation and Registration requirements of companies and the consequences of incorporation for a business. Learners will be able to critically evaluate the rights and duties of corporate members and shareholders and demonstrate an integrated and applied knowledge of the laws regulating corporate management and administration.
Company Formation and Separate Legal Personality
Distinguishing different forms of Business Organisation-Companies, Partnerships & Sole Traders, Formation and Legal Personality • Types of Companies • Formation of a company • Constitution of a Company and its alteration, statutory contract and shareholders agreements. The Consequences of Incorporation – Separate Legal Personality/Disregarding Separate Legal personality.
Company Management
The Division of Powers: Members and Directors; Delegation of Powers to Directors; The Resurgence of Members’ Powers. Directors Duties; Fiduciary Duties; Statutory Duties. Directors Meetings. Corporate Capacity.
Company Members/Shareholders and Membership/Shareholding
Members/Shareholders; Rights and Duties of Shareholders; Register of Members/Shareholders. Shares; The Legal Nature of Shares; Formal Requirements Relating to Shares; Allotment of Shares; Share Transfer – Transferability and Restrictions; Directors’ Powers to Refuse Registration; Pre-Emption Rights on Share Transfer and Allotment; Minority Shareholder Protection.
Capital Maintenance
The Rationale; Redemption of Shares; Acquisition by a Company of Its Own Shares; Assisting the Purchase of a Company’s Own Shares; Court Sanctioned Capital Reduction; Court Ordered Capital Reduction; Distributions and the Payment of Dividends; Miscellaneous Capital Maintenance Rules.
All applicants will considered on a case-by-case basis. Lifelong Learning reserves the right to require applicants to attend for an interview to determine their suitability for the course.
PLEASE NOTE: Company Law 1 must be completed before taking Company Law 2
Course Leader
