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Justin Tips

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16 views3 pages

Justin Tips

Uploaded by

ctee0227
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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There will be 2 parts:

1. Essay
2. Problematic

CLO1 & CLO2


- As far as areas of law – He cannot tell u exactly what is coming out – but tell us focus
on which area. But whatever he says is important:
o Financing a company
 Tutorial questions
 The marks allocated is indication of how much u should write/include.
 U need to write more if mark is more.
- All questions are 25 marks – need proper structure
o Introduction, indicating what topic it comes under.
o Content
o Conclusion – can say whether new amendment is applicable & so and so forth
in conclusion
o

Topics
CLO1
- Financing a company
o Main is CMSA & some Companies Act provisions
o Focus on protecting interest of investors, ie investors protection.
o Might ask:
 How does law ensure investors are protected?
 In your opinion, what other mechanism should be in place to protect
investors? – that could be your conclusion.
o Mostly it comes from acts, not many cases
- Corporate Rescue Mechanism (essay question – straightforward)
o MUST FOCUS
o Make a table of comparison, so u know which one applicable / suitable for a
given situation
o Not many cases also, only two or three – most important is the provision
o Know where to find relevant provisions & u know three things – when
advising client, these three should be included:
1. Legal provisions
2. Procedure
3. Penalty
o Don’t take for granted on how u present answers, it should be in order – what
is 1st step, 2nd step etc.
o Once u do comparison, u know for this situation, e.g.: cannot use JM, the type
of company is diff.
CLO2 is problematic questions
- Shareholding shares & diff types of shareholding & how each one is affected when a
situation occurs:
o Shares
 Should know how to apply the concepts given the different scenarios –
eg: Somebody is shareholder.
 Shares – Fully paid, partially paid etc – he cannot emphasize  this is
relevant also for our legal attachment.
o Ordinary shares, preference shares – which one is given preference and so on.
- Membership & members’ remedies
o It was in your midterm & Project 2 – u can benefit from that also
o U can include cases if feel relevant
o Even if no taught about it, he will look it up the cases in the scenarios given.
- Charges
o Debenture & loan capital
o Two main types of charges: fixed & floating
 These are big main types, but underneath there are various issues – eg:
 Each would hv their own characteristics/features
 the diff between the two,
 which one should be given priority,
 when does one type of charge change in force/ crystalized into
another type of charge
o This with shareholding topic got lots of cases. – Try to look into the cases
o No one going to tell u this is fixed or floating charge
 We should know by looking at the characteristics/nature of charge –
how to tell the nature is other than the provision is the cases
o Should know when to find the relevant provisions

- Topics which are not mentioned not to say not important – at least u should know
where to find them. This is for our flow of thoughts become smoother.
- CVA & SOA question – if he were to deal – which one
o Go through concept of elimination, stick to the one thinking most applicable
given the facts
o Facts got some hints usually, not necessarily.
- All in all, there is no reason why u should fail, u did your Project 1.
- Companies (Amendment) Act cannot be printed out – not allowed to bring in
o Don’t bring in anything other than CA 2016 & apply the law as in that
particular Act, wont be penalized for not putting new provisions
o Can put it in the conclusion to show that u know
- Compulsory usually is essay
- Second part is the optional.

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