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BM054-3-3-Company Law Individual Assignment

I. QUESTION

1. Honest Sdn. Bhd. is a private limited company incorporated in December 2015. The objects
clause of the company provide that the company specialises in construction, in the
manufacturing of materials for building construction and other services related thereto.
Honest Sdn. Bhd. has adopted the standard Table A of the Companies Act 1965 as its
Articles of Association. Its directors are Luke and Zack. Prior to its incorporation, Elizabeth,
the companys promoter, has entered into a contract with Sands Sdn. Bhd. in November 2015
for supply of 2 tonnes of river sand.

With reference to relevant cases and provisions of the Companies Act 2016, advise Honest
Sdn. Bhd. on the following issues which had arisen:
i) The status of the contract entered into by Elizabeth prior to the incorporation of Honest
Sdn. Bhd. ( 7 marks)
ii) The decision of the Board of Directors to expand the companys business into (real
estate) property investment. ( 8
marks)

2. Is the doctrine of Separate Legal Entity still relevant today? (15 marks)

II. 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,
particularly corporate personality and company constitution (M&A);
3. Analyse the given problem situation; and
4. Apply relevant legal authorities to provide appropriate solutions.

III. INSTRUCTIONS

1. You are required to write in an essay format suitable for an academic report within the word
limit of 1,000.
2. References for answering the questions should include at least two (2) published Journals,
Company Law textbooks and a minimal reference of Internet resources.
3. Both in-text citation and general referencing using the Harvard Referencing system must be
adopted for this assignment.
4. Your essay must adhere to standard documentation requirements:
Font : Times New Roman
Font Size : 12
Spacing : 1.5
5. In the event the maximum word limit is exceeded, any part(s) of the answer in excess of the
word limit will be disregarded.
6. Please state your word count at the end of your answer. Citation and references, as well as
tables and appendices will not be considered as part of the word count.

Level 3 Asia Pacific University of Technology & Innovation Page 1 of 2


BM054-3-3-Company Law Individual Assignment

IV. ASSESSMENT CRITERIA

CONTENT: Acquisition of knowledge, relevance of answer, application of 40%


concepts via reference to solid research sources including journals.

ANALYSIS: Quality of analysis & critical evaluation, expansion of ideas, 30%


ability to support views presented with proper reasoning

LITERATURE REVIEW: Comprehensive review of selected academic 20%


resources; able to apply literature to problem statement

CONSISTENCY: Coherence and the construction of the answer; linguistic 10%


competence; overall quality fulfils expectation of an effective academic report

TOTAL 100%

V. PERFORMANCE EXPECTATION

Marks are awarded based on the following guidelines:

Grade Description of performance level

75% 100% Mature and interesting evaluation, based on selected text and relevant legal
issues. Ideas and information presented are convincing & insightful, based on
reflective reading. Points are supported with valid explanation and sound
academic reasoning. Critical thinking reflected through the choice of research
and rigorous application of law. Flawless citation and referencing of sources.

65% 74% Sufficient arguments were raised, supported with valid research & referencing
of academic sources. Arguments presented contain some critical analysis and
provides adequate insight into the relevant area(s) of company law. There is
adequate understanding of subject matter, with accurate application of law.

50% 64% Basic requirements fulfilled with minimum understanding of selected text and
areas of company law, supported by reasonable range of academic sources.
Basic examples used to illustrate points. Weak arguments may appear in
answer. Explanations may be unclear/ unhelpful in clarifying points.

Below 50% No understanding of the subject matter and fails to address the needs of the
question. Explanations are unhelpful, points are off-topic and are not related to
selected text or areas of company law jurisdiction. Citation and references are
either very limited or non-existent.

Level 3 Asia Pacific University of Technology & Innovation Page 2 of 2

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