Question
BM054-3.5-3 Company Law Assignment 1 Page 1 of 3 QUESTION
Richard has been a shareholder of Trabell Sdn Bhd for the last five years. He owns 20,000
ordinary shares in it. His wife Rossa has been a shareholder since 2004 in which she own
10,000 RM1.00 cumulative preference shares which carry a fixed divided of 8% per annum.
The company declared a dividend of 10% for the year 2006 but no divided were declared for
year 2005 as the company had been making losses. His wife, Rossa did not receive any
divided except for the year 2006 which is only 8%.
Besides that, the company has also proposed to alter the article of association to delete the
rights of preference shareholder to receive cumulative dividends. The proposed alteration is
to be considered at an extraordinary general meeting scheduled to be held next month. Rossa
strongly objects to the proposed alteration but feels helpless as the meeting is only among the
ordinary shareholders.
Richard wishes to transfer half of his shares to Rossa so that she could attend the meeting and
raise the objection herself. However the board of directors rejected the transfer without giving
any reason relying on the article which states that, “the directors may in their absolute
discretion, refuse to register a transfer of shares”.
Rossa wishes to take action against the company for the undeclared divided as well as to
challenge the alteration of the article of association in respect of cumulative preference
shareholders in the general meeting. Richard on the other hand wishes to challenge the
company on his rights to transfer his shares to Rossa.
Advise Richard and Rossa. (30 marks) LEARNING OUTCOMES
This assignment will assess your ability to:
1. Address issues relevant to the conduct of companies;
2. Conduct directed research into rights and liabilities arising from affairs of companies;
3. Analyse the given problem situation; and
4. Apply relevant legal authorities to provide appropriate solutions.
TASK
1. You are required to write your answer within the word limit of 2,500 words. This word
limit excludes citations and bibliography.
2. In the event the maximum word limit of 2,500 words is exceeded, any part or parts of the
answer in excess of the word limit will be disregarded.
3. The following is a general guide as to the report layout: Level 3 Asia Pacific University College of Technology & Innovation 2015 BM054-3.5-3 Company Law Assignment 1 Page 2 of 3 (a) Introduction: general identification of the legal issues that will be discussed;
(b) Body: elaboration of the legal issues (identified at the “Introduction” stage) and
application of those legal issues to assist your client; and
(c) Conclusion: summary of the arguments presented and a persuasive conclusion as to
why your client should win this case.
4. Your attention is also drawn to UCTI’s regulations on plagiarism; these regulations apply
to this coursework. Any information taken from another source (e.g. lecture notes, text
books, Internet sites) must be referenced using the Harvard Referencing method.
5. Please state your word count at the end of your answer.
ASSESSMENT CRITERIA
This assessment will be marked based on the following criteria:(a) Depth of research
Use of proper research materials and credible sources for the purpose
of discussion and reasoning
(b) Overall impact/ persuasiveness
Ability to convince the examiner with the reasoning presented
(c) Documentation
Clarity and flow of discussion and the ability to consider the issues
within the constraints of the word limit; ability to support views
presented with proper reasoning; use of Harvard Referencing method
to identify the source(s) of information
(d) Others: work must be type-written, neat and presentable; proper use of
language
TOTAL 30%
20%
40% 10%
100% PERFORMANCE EXPECTATION
Marks are awarded based on the following guidelines:
Grade
75% – 100% 65% – 74% Level 3 Description of performance level
Good analysis of the problem situation. Clear and convincing application of
legal issues and legal authorities to solve the issues identified. Citations must
be from between 5 to 8 solid references and interesting arguments are
presented based on selected reference sources. Legal arguments are coherent
and convincing, based on reflective reading. Points are supported with valid
explanation and good reasoning. Shows analysis, understanding, thought and
reflection of subject matter.
Sufficient points are raised and valid explanations are provided based on Asia Pacific University College of Technology & Innovation 2015 BM054-3.5-3 Company Law 50% – 64% Below 50% Level 3 Assignment 1 Page 3 of 3 accurate identification of legal issues. Arguments presented are adequate,
based on selected text and relevant areas of legal research. Citations must be
from at least 5 solid references. There is adequate analysis of problem and
possible solutions, reflecting understanding of subject matter.
Basic requirements fulfilled, reflecting some understanding of legal issues
and possible solutions. Recommendations given are based on selected texts.
Basic examples are used to illustrate points. Arguments given are elementary
and explanations may either be unclear or unhelpful in clarifying points.
Citations must be from between 3 to 5 reference sources.
No understanding of the subject matter and failure to address the needs of the
question. Points are off-topic and are not related to selected text or areas of
legal research. No understanding of theories and concepts taught. Weak or no
referencing of sources. Asia Pacific University College of Technology & Innovation 2015
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