Intent: “Research a specified topic, reading and interpreting cases, journal articles and law reform/policy reports, analysing the effect and operations of these laws and policies on companies and their stakeholders, and using knowledge to report on corporate legal issues in Report format.”
Objective(s): This task addresses the following subject learning objectives: 1 and 3
This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0
Due: Assignment is divided into Part 1 and Part 2.
(1) Draft of Part 1 of Report to be submitted to your lecturer/tutor in your designated class in Week 7 (week beginning 7th September 2015) for feedback purposes. Draft with feedback will be returned in Week 8 (to be collected from Law Reception (Level 3 Building 5B)). Every student has to submit the draft Part 1.
(2) Complete Report (incorporating both Part 1 and Part 2) is due 6 pm Tuesday 6th October 2015 (first Tuesday after the Vice-Chancellor’s week) at Law Reception (Level 3 Building 5B).
Length: 2,250 words
Task: Discuss whether to extend the crowd-sourced equity funding (CSEF) framework to proprietary companies in the form of a Report. This will require reading the following Consultation Paper, Discussion Papers, Reports, and the Corporations Act 2001 in order to gain an understanding of the issue of crowd-sourced equity funding and the funding of proprietary companies.
Your Report is to be drafted in two Parts. Part 1 will be submitted for feedback purposes to your lecturer/tutor in your designated class. Part 1 will be incorporated into the final /completed Report.
Do not consider any other statute unless as specified.
Note: Feedback for Part 1 should be used to rewrite/improve Part 1, inform how you write Part 2 and, both improved Part 1, and Part 2, must be combined into final Report for final submission
Research, read, and consider the crowd-sourced equity funding in the context of, and the possible application to, proprietary companies in Australia.
In August 2015, the Treasury of Australia released a Consultation Paper, Facilitating crowd-sourced equity funding and reducing compliance costs for small businesses, in which the Treasury seeks the following:
The Government is seeking your views on whether to extend the crowd-sourced equity funding (CSEF) framework to proprietary companies, ….
You are asked to prepare a Report with summaries concerning crowd-sourced equity funding and a “mock” submission to the Treasury on “whether to extend the crowd-sourced equity funding (CSEF) framework to proprietary companies”. Please consider the following as a guide to the content of your Report (word length is given as an approximation and a guide; you can vary from the suggested word length but remember to ensure your Report is on the whole balanced and coherent):
I. Introduction (150 words) [note: you should write this last and should not be included in Part 1 for submission as draft for feedback purposes.]
II. What is “”crowd sourced funding’ (or alternatively as ‘crowdfunding’ or ‘crowdsourcing’” and in particular, crowd-sourced equity funding?
Summarise from Corporations and Markets Advisory Committee, Crowd sourced equity funding — Discussion Paper September 2013; Corporations and Markets Advisory Committee, Crowd sourced equity funding — Report May 2014; Treasury, Crowd-sourced Equity Funding — Discussion Paper December 2014 (300 words).
Note: You can also consult other sources and materials.
III. What are the barriers to crowd-sourced equity funding for proprietary companies in Australia and in the Australian corporations legislation context?
Summarise from Corporations and Markets Advisory Committee, Crowd sourced equity funding — Discussion Paper September 2013; Corporations and Markets Advisory Committee, Crowd sourced equity funding — Report May 2014; Treasury, Facilitating crowd-sourced equity funding and reducing compliance costs for small businesses — Consultation Paper August 2015; the Corporations Act 2001 (Cth) (600 words).
IV. Prepare a “mock” submission on the question: “whether to extend the crowd-sourced equity funding (CSEF) framework to proprietary companies and what model to be adopted for CSEF for proprietary companies” (1000 words).
You should refer to Treasury, Facilitating crowd-sourced equity funding and reducing compliance costs for small businesses — Consultation Paper August 2015.
V. Reflections on what you have learned writing your Report (summaries and mock submission) based on your research and reading and critical analyses (200 words).
Further information: The assignment requires independent thinking, evaluation and critical analysis. You will be assessed on the originality of your discussion and analysis. Merely paraphrasing or summarising existing authors on these issues will not lead to high marks.
To achieve good marks, students will need to show evidence of their analysis and evaluation of the problem. You must not simply provide long regurgitation of judgments, facts or sections. These do not show evidence of your own independent thinking at a post graduate level.
Learn what is plagiarism and avoid it!
Criteria: The task requires the detailed examination of a discrete area of law. This builds research, information gathering and legal writing/reporting skills as well as critical analysis.