Glossary

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Corporate Control Transactions - LAWS8091

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

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: JURD7392, JURD7791, LAWS3192

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

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 (Cth) 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 that influence its contours.

LLM Specialisations

Corporate and Commercial Law
Corporate, Commercial and Taxation Law

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

Learning Outcomes

At the conclusion of this course, students should be able to:
1. understand the law, policy and practices concerning transactions that affect corporate control and its transfer
2. appraise theoretical approaches to corporate control and especially the policy foundations for regulation and takeover practice
3. 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

Assessment