LLM IBCL

International Business Law

Summative Assessment (Coursework)

Deadline for submission: 10am on 21 June 2024

FIT TO SIT POLICY – IMPORTANT

By submitting this assessment, you are declaring yourself ‘fit to sit’ the assessment.If you are not `fit to sit`, you should not attempt this assessment.

This is important.It means that you may not later submit an extenuating circumstances or appeal application on the grounds that you were not ‘fit to sit’ unless very exceptional circumstances apply. Please see the University Policies and Procedures for further details.

General instructions for all assessments

Please ensure that you have read the LLM IBCL Assessment Rules and that you follow the instructions carefully.Not following the instructions may lead to your submission not being marked and you failing this assessment.

Instructions for this assessment

·This coursework contains TWO QUESTIONS.Each question contains a number of PARTS,namely:(a),(b),(c) and (d) in Question 1 and (a),(b),

(c) and (d) in Question 2.You must answer ALL OF THE PARTS OF ALL OF THE QUESTIONS.

·The maximum word count for this coursework is 3,000 words.Words exceeding the stipulated word limit for this coursework will not be marked.

· Each question and each part of each question is weighted equally. Although there is no formal word limit for each question or for each part of each question, we suggest that you aim to write around 1500 words for each question, within the overall limit of 3,000 words for your submission as a whole.Order now

·When answering each question, you are expected to use parts (a), (b), (c) and (d) as sub-headings.There is no need for an introduction or conclusion on any of the questions.

·For the purposes of this assessment, you are expected to provide a draft client note in response to the questions and/or issues raised by the client(s).

·You are also expected to use words that a regular client will understand and not legal jargon.There is no need to include academic references.

· The pass mark that you must achieve to successfully pass the assessment is 50%.Our samples

Godiva and Rosenbauer, two brothers, incorporated Fire Rescue Ltd (“FRL”) under the laws of England and Wales in 2018 to provide emergency services training in the UK.The brothers each took 100 shares in the company and became the company’s initial directors. In 2020 their sister, Merlin, who has 20 years’ experience as an operational firefighter was filmed saving 3 horses from a burning barn in Oxford. The video went viral, and she is now world-famous, having also been awarded a number of medals for bravery.

To leverage this fame on social media, the brothers asked Merlin to become a spokesperson for their business.She began helping with the management of the business and the company accounts, and began attending board meetings, although she was not allotted any shares, nor formally appointed director. Since then, FRL has expanded its operations massively, providing specialised search and rescue training for fire departments throughout the world.

With the expansion of the company, FRL has attracted new investment.There are now six new shareholders taking the total number of members up to 8 shareholders. All 8 shareholders own equal shares in the company.There are also two new directors, taking the total number of directors on the board to 4.

(a) With the expansion of the company to 8 shareholders and 4 directors,Godiva and Rosenbauer consult you to explain the implications for the exercise of control and the balance of power within the company.

(b) Godiva and Rosenbauer are concerned that the company is growing a bit too fast and ask you to suggest necessary corporate governance measures to ensure effective management and compliance.

(c) What might be the potential implications of failing to comply with any relevant corporate governance rules and practices?

(d)Please draft a note setting out the different ways in which FRL might be able to raise the capital it needs and the advantages and disadvantages of each option.

- End of Question 1-