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Roles and responsibilities of key organisations

Roles and responsibilities of key organisations

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Question:

Research Report

For this task, you must research the following topics of interest, and complete a detailed report on your findings.

Instructions

You will need to research information to assist with your responses for this task.

What you will need to complete this task

  • Research materials such as books, internet, magazines, workplace documentation etc.
  • Access to legislative and regulatory documentation relevant to own state or territory.

You are required to provide information about the following points. You must prepare a written response to each point, which can be supported by example documentation as required. Ensure material is referenced appropriately.

You will need to respond to each of the following questions and or tasks in your project:

Use the following questions as a guide to your research:

  1. Describe the operation of the Australian legal systems and processes relevant to corporations and trust law including:
    1. The basic principles, current statute,   Common Law 

       

      and equitable principles

    2. Roles and responsibilities of key organisations
    3. Constitutional considerations
    4. Separation of powers
    5. Basic principles of the law of torts, particularly relating to negligence and negligent misstatement
    6. Courts and regulatory bodies
  2. Outline how laws are enacted and their underlying policy aims.
  3. Explain how those laws may be interpreted by existing common law and equitable rules and applied to corporations and trusts
  4. Analyse legal concepts of business organisational structures, and underlying regulation including the application of these to:
    1. Sole traders
    2. Partnerships
    3. Corporations
    4. Trusts
    5. Agencies/franchises
    6. Joint ventures
    7. Incorporated associations
  5. Examine legal aspects of superannuation with reference to:
    1. Ways in which superannuation can be accumulated and taken
    2. Who can provide superannuation products and how those providers and their products are prudentially licensed and regulated?
    3. Duties of superannuation trustees
    4. How superannuation interests are protected and litigated
    5. Current and future developments in superannuation law and policy
  6. Identify and reference the key features of Australian corporation’s law and requirements to analyse issues and risks relating to:
    1. Nature of a company
    2. Company registration
    3. Promoters and pre-registration contracts
    4. Company constitution and replaceable rules
    5. Contracting with others
    6. Fundraising
    7. Share capital
    8. Member meetings
    9. Corporate management
    10. Directors’ duties
    11. Member remedies
    12. Bankruptcy and insolvency
  1. Examine legal concepts and scope of law covering trusts with particular reference to:
    1. Structure and types of trusts
    2. Trust deed
    3. Common law duty
    4. Role and responsibilities of a trustee
    5. Member meetings
    6. Corporate management
    7. Member remediation
    8. Bankruptcy and insolvency.

Short Answer Questions

Answer the questions below by writing in the space provided. If you require more space, use a blank sheet of paper. Alternatively, you may like to use Microsoft Word and print out your answers to each question.

What you will need

  • Research materials such as books, internet, magazines, workplace documentation etc.
  • Access to legislative and regulatory documentation
  • Your Learner Guide for this unit of competence
  1. How should you research corporation and trusts laws?
  1. Identify four different types of corporations and trust law transactions and clearly outline their legal context, establishment procedures and purpose. Use the following table to help you.
  1. Briefly describe what common law is, and how legal principles work.
  1. What are four areas of risk that you would need to consider?
  1. Provide an example of how legal issues may impact on a business.
  1. List the four types of specialists or experts that may help you to understand and mitigate risks.
  1. What are the four different reasons why a business will need to collect and collate information?
  1. What are four reasons for having legislative and regulatory requirements in a business?
  1. Describe how you would provide advice based upon identified facts and relevant law.
  1. When you receive word of a change in relevant laws, acts and regulations that you specialise in, what process should you take?
  1. How could you set up a system for maintaining up-to-date knowledge about relevant legal aspects of corporations and trust law?

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