AYB230 Corporations Law SEMESTER 2, 2019 ASSESSMENT 2: Problem-solving assignment (Weighting Total – 20%) Due: Thursday 10th October 2019, 11.59pm Submission: Turnitin via Blackboard (submit one answer file only) Type: Individual Length: 1000 words Task Based on all of the publicity around the Shebah start up and its successful crowd-sourced funding campaign, write an essay describing and explaining the features of Australia’s crowd-source funding regime for proprietary companies. Structure your essay as follows: a) Provide a brief summary of the crowd-sourced funding (CSF) regime for proprietary companies, the relevant law and legal principles involved (as apply under Part 6D.3A Corporations Act). (That is, from a company’s perspective, not investors’ perspective.) b) Identify the advantages to proprietary companies in using CSF. c) Identify the disadvantages to proprietary companies in using CSF. d) Analyse the Sheba case study and provide an opinion (conclusion) on why CSF was an appropriate fundraising mechanism for Shebah. e) Conclude your essay with one powerpoint slide summarizing your main message as to the benefits of the CSF regime for proprietary companies. A couple of points to think about before you start: ? Although we cover company fundraising in Topic 10, we do not have time to cover Part 6D.3A. Therefore, everyone has to engage in some independent research and reading. ? QUT encourages authentic assessment exercises; in using Shebah as a case study, this is not an endorsement of the products, services or investments offered by the case study entity. ? If you prefer to base your assignment answer on a different CSF campaign for an Australian proprietary company, please do so – let your lecturer (Prof Ellie Chapple) know prior to submission to ensure that your case study is suitable for this assessment. ? This may seem challenging to start with, but begin with basic principles. It will be a very fun and interesting journey of discovery for you. ? Format your answer as one file (Turnitin only allows you to upload one file as your answer). A couple of resources to get you started: 1. Corporations Act 2001 Part 6D.3A—Crowd-sourced funding (as amended 21 September 2018 by inserting Corporations Amendment (Crowd-sourced Funding for Proprietary Companies) Act AYB230 SEMESTER 2. 2019 | PROBLEM SOLVING ASSIGNMENT 2 2018 – make sure you consult the latest version of the Act. 2. ASIC website on CSF, especially Regulatory Guide 261 Crowd-sourced funding: Guide for companies (at the time of writing: https://asic.gov.au/regulatory-resources/financial- services/crowd-sourced-funding/). 3. Yolanda Redrup, “Uber competitor Shebah cracks crowdfunding record” 2.4.19 Australian Financial Review 4. The Sheba offer on the Birchal CSF platform: https://www.birchal.com/company/shebah Assignment Overview This assessment requires each student to submit a written answer to a problem style question. The assignment builds on the skills learned in tutorials. It provides another opportunity for further feedback on your problem solving ability prior to the final exam. ? Use the ILAC method. ? You are expected to do additional, independent research beyond the textbook and lecture material in order to complete the assignment. ? You must cite legislation and case law (as appropriate) to support statements of law and your application to the facts. Present your argument / application in a clear, concise and logical manner. Make sure that you reach a conclusion. Please refer to the assessment criteria sheet for further information. ? Try to avoid making assumptions (especially about the law). If you do not understand the facts, undertake additional research prior to asking for clarification. Any general queries about the assignment should be raised through the discussion board on Blackboard. ? For assistance with essay writing, see the QUT cite|write website at www.citewrite.qut.edu.au Referencing You are expected to reference your work and provide a bibliography or reference list. You can choose whether to use the QUT cite/write or QUT APA or QUT Legalreferencing systems. Whatever you choose, you should be consistent and proficient. If you use footnotes, the footnotes must be sequential, not contain substantial material or argument (which should appear in the body of your assignment). Footnotes / end notes if you use them are not included in the word count. Case Citations You must cite a reference, case or legislative section as authority to any primary source legal principles. All cases cited should include the full name of the case and its citation, in the first instance it is referred to. The citation can be given straight after the case name, or referenced in a footnote. Any case names or legislation titles should be in italics. You do not need to refer to the Corporations Act repeatedly. It will be assumed that sections mentioned are from that Act, unless otherwise indicated. The assignment is based on Australian law so only refer to the current version of the Australian Corporations Act. AYB230 SEMESTER 2. 2019 | PROBLEM SOLVING ASSIGNMENT 3 Formatting You must present your problem solving task in a professional format. A professional format includes submitting a Word or PDF document in an easily readable font with appropriate margins and headings. Include a title page with your name and student number, word count, and a title for your assignment that describes the problem that the assignment addresses. Insert page numbers. Style Please use plain English, as this will help you to be concise. The use of colloquial expressions and jargon is inappropriate. The use of ‘SMS speak’ (for example, the letter ‘u’ instead of ‘you’) is particularly inappropriate for formal business communication – use correctspelling and grammar. The use of tables, diagrams etc to communicate your answer is permitted. Submit – upload through Blackboard You must upload your answer to Turnitin via the AYB230 Blackboard site by the due date. Note QUT’s policy on late assignments and extensions: late assignments are not accepted and if not submitted by the due date and time, the student will be awarded a mark of zero. Please make sure that your answer that you upload to Turnitin comprises one file and includes both your name and student number on the title page. This assessment item assesses the following unit learning AOL goals. Higher Order Thinking (HO) 2.2 Exercise independent judgement and initiative in adapting and applying knowledge and skills for effective planning, problem solving and decision making in diverse contexts. Social, Ethical and Global Understanding (SE) 5.1 Demonstrate and apply knowledge of ethical and legal principles and practices in analysing and responding to business issues AYB230 SEMESTER 2. 2019 | PROBLEM SOLVING ASSIGNMENT 4 Frequently asked questions 1. What is included in the word limit and is it plus 10%? Yes. There is a policy to allow a general tolerance up to 10%. Word count does not include any figures, tables, footnotes, and reference list. The words on your PowerPoint slide are not included in the word count. (Note you cannot have any argument in the footnotes. The only material in the footnotes should be legislative references and case names). 2. How do I cite the law? If you are referring to legislation, you only need to state the section number. If you are referring to case law, you should use the case name and the legal principle the case stands for. It is unlikely that case law will be relevant for this assignment question. For example, ? S 140 legislates that a constitution is a statutory contract between member and company. ? A company is a separate legal entity (Salomon v A Salomon & Co Ltd  AC 22.) 3. Can I use dot points and other visual aids in my assignment? The assignment is required to be presented in a professional format. It is up to you what you consider to be a professional format. This may include dot points, tables, figures, graphs, infographics etc. The main point is that you are able to communicate with the marker in a clear and concise manner. 4. How do I write the issue? When you are writing the issue, it should be general. Simply writing out the question is not the same as identifying the issue. 5. Do I need a reference list? As you are required to do independent research, your reference list should include around eight references. 6. Do I use ILAC headings? ILAC is a problem solving tool that we suggest that you use to structure your answer; however for an essay you should aim to use more descriptive headings to help the reader understand the material (that is, it is unlikely that using the headings “issue”, “law” etc will be useful here.) 7. What topic/s are covered? The assignment is based on a combination of topics 2, 4 and topic 10 material. (Do not be concerned about the timing of the Topic 10 lecture. We will not have time to go into detail on CSF in class.)
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