SUNDERLAND BUSINESS SCHOOL
BTEC Higher National in Business
ASSESSMENT BRIEF
Unit 7
Business Law
2018
UNIVERSITY
OF
SUNDERLAND
Higher National Diploma in Business
Assignment Brief Number
Student Name /ID Numbe
Unit Number and Title
7 Business
Academic Yea
2018/19
Unit Tuto
Kenneth Chang
Assignment Title
Business Law
Issue Date
27 August 2018
Formative Assignment Due Date
15 November 2018
Assignment Due Date
06 December 2018
Submission Format:
The submission is in the form of an essay. This should be written in a concise, formal business style using single spacing and font size 12.
You are required to make use of headings, paragraphs and subsections as appropriate and all work must be supported with research and referenced using the Harvard referencing system.
Please also provide a bibliography using the Harvard referencing system.
The recommended word limit is 3,000–4,000 words, although you will not be penalised for exceeding the total word limit.
Unit Learning Outcomes:
LO1 Explain the nature of the legal system
LO2 Illustrate the potential impact of the law on a business
LO3 Examine the formation of different types of business organisations
LO4 Recommend appropriate legal solutions to resolve areas of dispute
Assignment Brief:
Task 1:
You are working in a law firm advising new start-up companies on the legal system and key legislation that they are required to know and apply. You have been asked to produce a handbook for new companies in order to support your business advice and guidance.
The handbook must include the following sections:
1. An explanation of the legal system in the Hong Kong Special Administrative Region (HKSAR).
Rule of law in HK purpose
· Legality
· Equality
· Independent judiciary
· Restriction of discretionary Powe
Common law legal system
· S
· C
· A
2. An overview of the sources of law in the HKSAR.
· 8
· 18
· A III
3. An explanation on the role of government in law-making.
· Explain the law making process
· Explain the role of gov in this process
4. An explanation of how statutory and common law is applied in the justice courts in the HKSAR.
· How statutory law is applied in the justice courts in the HKSAR
· How common law (case law ) is applied in the justice courts in the HKSAR
5. Using specific examples illustrate how company, employment and contract law has a potential impact upon business in the HKSAR.
· What type of business-
· Impact by-
· Contract law-specific example
· Company law- specific example
· Employment law- specific example
Formative Feedback Opportunity
Students will be given one opportunity to receive formative feedback. Please submit your assessment through the Canvas module assignment submission link on or before the formative assignment due date. You will then receive formative feedback from your assessor one week before the assignment submission date. Please note that any assessment submitted after the formative assignment due date will not be given any formative feedback.
Important: Students who submit on the assignment submission date will not be given any feedback or guidance if the module assessment was Refer. We therefore strongly recommend students to submit their assessments by the formative assignment due date in order to receive feedback from the assessor.
Task 2:
You are an IT expert and want to set up a new business with your friends David (an accountant) and Evia (a marketing specialist) to provide IT solutions to business firms.
You are faced with some business problems below. For each problem case presented, you must apply the law and justify a legal solution to the problem. You may assume and add some new facts in answering the questions, such as the name of the new company, its address and whether or not David has a residential house worth $ 10 million.
Problem A
You are now considering whether to form a partnership or a registered company. Explore how a partnership is legally formed in the HKSAR.
David suggests to form a registered company as there are a number of advantages of registered companies over partnership. Identify those advantages and describe the procedures in forming a company under the Companies Ordinance. Please complete the standard form required by the Companies Registry and attach it in the Appendix. And also discuss what other documents you need to submit. What type of registered company would the new company be? Explain.
1. Explore how partnership is legally formed in the HKSAR.
2. Identify those advantages.
3. Describe the procedures in forming a company under the Companies Ordinance.
4. Please complete the standard form required by the Companies Registry and attach it in the Appendix.
5. And also discuss what other documents you need to submit.
6. What type of registered company would the new company be ? Explain.
· Private company
Problem B
Discuss how you would a
ange the management structure of your company and in particular, including a discussion of the appointment of directors, company secretary and auditors.
As Evia has a full time job in a marketing firm, she only agrees to work part-time for your new company. She is deciding whether to be a director of the new company or just register as a shareholder. Explain to Evia the different roles of director and shareholders in a company.
Discuss the management structure of your company, discussion of the appointment of
· Directors,
· Company secretary and
· Auditors.
Explain different roles of director and shareholders in a company.
· Advise Evia
Problem C
Your registered company requires an initial capital of HKD 3 million for starting up the business. Discuss how your company is going to be funded and the problems it will face in raising capitals.
Problem D
Fanny has been employed by David as a personal secretary for two years. One morning, Fanny forgot to
ing her wallet to office and she had no cash with her. She knew that David had some cash inside a box in the drawer. Before David came back, Fanny took $200 from the box leaving a note saying that she has taken $200 and will return the next day.
When David returned office and saw the note, David was furious and dismissed Fanny immediately. Fanny thought she would be entitled to have one month’s notice on termination as well as the long service payment.
Advise Fanny of her rights as an employee.
Problem E
Johnson Ltd had a contract with your company under which your company agreed to write a software business programme for them on or before a Completion Date. However, there was a delay in submitting the software programme to Johnson Ltd.
Under the contract, your company had to pay Johnson Ltd a fixed sum of $1,000 per day each day after the Completion Date until the programme is submitted. There was also an a
itration clause in the contract.
Your company argued that and they should not pay the fixed sum which was a penalty and in any event, the delay was not due to their fault, but due to delay in providing instructions by Johnson Ltd.
Assess the different legal solutions to the problem including alternative dispute resolution.
Formative Feedback Opportunity
Students will be given one opportunity to receive formative feedback. Please submit your assessment through the Canvas module assignment submission link on or before the formative assignment due date. You will then receive formative feedback from your assessor one week before the assignment submission date. Please note that any assessment submitted after the formative assignment due date will not be given any formative feedback.
Important: Students who submit on the assignment submission date will not be given any feedback or guidance if the module assessment was Refer. We therefore strongly recommend students to submit their assessments by the formative assignment due date in order to receive feedback from the assessor.
Grading Criteria:
This component is related to Learning Outcomes 1 to 4 and all these outcomes must be achieved in order to pass the module.
Further Guidance:
1. You should write this assignment as an essay.
2. You must ensure that the submitted assignment is all your own work and that all sources used are co
ectly attributed. Penalties apply to assignments which show evidence of academic unfair practice.
3. You MUST underpin your analysis and evaluation of the key issues with appropriate and wide ranging academic research and ensure this is referenced using the Harvard system.
4. You should use diagrams and tables of figures where appropriate ensuring to reference their source using the Harvard Referencing method. Please refer to Cite them right online which shows you how to create the reference in the style you need (www.citethemrightonline.com). You can login using your Canvas password.
5. Although you will not be penalised for exceeding the total word limit, you are required to write your assignment within 3,000–4,000 words in order for your research and summarising skills to be developed, and for effective time management. You are required to ensure that the assignment addresses all of the assessment tasks.
The word count excludes the title page, reference list and appendices. Where assessment questions have been reprinted from the assessment
ief these will also be excluded from the word count. ALL other printed words ARE included in the word count. Printed words include those contained within charts and tables.
6. Your assignment should be submitted as a single document.
7. You may show your assignment outlines (formative) to your teacher in class for feedback.
8. You could access HN Global for additional resources support and reading for this unit. For further guidance and support on report writing please refer to the Study Skills Unit on HN Global. Link to www.highernationals.com
NNC1 - Incorporation Form (Company Limited by Shares) 法團成立表格 (股份有限公司)
公 司 註 冊 處
Companies Registry
法團成立表格
(股份有限公司)
Incorporation Form
(Company Limited by Shares)
表格
Form
NNC1
註Note
4
1
建議採用的公司名稱Proposed Company Name
建議採用的公司英文名稱Proposed English Company Name
建議採用的公司中文名稱Proposed Chinese Company Name
2
公司類別Type of Company
請在適用的空格內加上 ( 號 Please tick the relevant box
私人Private
公眾Public
3
公司在香港的註冊辦事處的建議地址
Proposed Address of the Company's Registered Office in Hong Kong
香港/HONG KONG
(本處不接納「轉交」地址或郵政信箱號碼 ‘Care of ’ addresses or post office box numbers are not acceptable)
4
電郵地址Email Address
提交人資料Presentor’s Reference
請勿填寫本欄For Official Use
姓名Name:
地址Address:
電話Tel:
傳真Fax:
電郵Email:
檔號Reference:
指明編號1/2014 (2014年3月) Specification No. 1/2014 (March 2014)
表格
NNC1
Form
5
公司組成時的股本及最初的股份持有情況
Share Capital and Initial Shareholdings on the Company’s Formation
股份的類別
(如普通股/優先股等)
Class of Shares
(e.g. Ordinary/Preference etc.)
建議發行的
股份總數
Total Number of Shares Proposed to be Issued
貨幣
Cu
ency
創辦成員認購的
股本總額
Total Amount of
Share Capital to be Subscribed by
Founder Members
建議發行的股份的將要繳付或視為
已繳付的總款額
Total Amount to be Paid Up or to be Regarded as