Corporate Control Transactions - LAWS8091

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230

Excluded: JURD7791

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

Description

This course explores the concept of corporate control through a study of the legal doctrines defining control and affecting its exercise, and of the regulation of transactions touching its acquisition and transfer. The provisions of Chapters 6 to 6C of the Corporations Act 2001 are at the centre of this study. In addition to key issues in the form and conduct of transactions effecting control transfers, the course also examines theories shaping legal regulation and the policies and interests which influence its contours.


LLM Specialisations


Recommended Prior Knowledge


None

Course Objectives


The course seeks to develop an understanding of the law, policy and practices concerning transactions that affect corporate control and its transfer. This study is primarily informed by legal analysis, but also involves an appraisal of theoretical approaches to corporate control and especially the policy foundations for regulation and takeover practice. Its aim is to ensure that students understand the rationale for takeover regulation and the practices and policies of takeover practitioners, the takeover regulator and the panel charged with resolving takeover disputes.

Main Topics


  • The concept of corporate control and the legal mechanisms for its transfer
  • Issues prompting the regulation of takeovers
  • The structure of takeover regulation
  • Prohibited acquisitions of relevant interests in voting shares
  • Exceptions to the prohibition upon acquisitions
  • Takeover offers
  • Conducting the takeover bid

Assessment


Class Participation   10%
Essay Synopsis 1,000 words 20%
Research Essay 5,000 words 70%
 

Course Texts


Prescribed
Refer to the Course Outline which will be provided prior to the start of the relevant semester.

Recommended
Refer to the Course Outline which will be provided prior to the start of the relevant semester.