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Elements and Performance Criteria

  1. Identify laws and principles of corporation law
  2. Enhance professional practice through application of relevant corporation law principles to business structures
  3. Undertake administrative tasks associated with corporation law

Required Skills

Required skills

communication skills toprovide clear and specific instructions about information required

literacy skills to

follow complex legal procedures

consider aspects of context purpose and audience when generating and formatting documents

edit and proofread to ensure accuracy consistency clarity of meaning and conformity to enterprise requirements

research skills to

locate necessary information from external sources

identify and evaluate status of information

organisational skills to prepare complete and despatch documents in a timely fashion

technology skills to

operate office equipment

use a range of common software packages

Required knowledge

scope of job role in the context of legislation regulations and codes of practice in relevant jurisdictions

relevant court processes current legislation legal processes and required documentation

organisations required policies and procedures for the full range of tasks covered

legal terminology including that specific to corporation law

accepted codes of practice relevant to the workplace including those relating to

privacy and confidentiality

use of company property

duty of care

ethical behaviour

nondiscriminatory practice

conflict of interest

compliance with reasonable direction

Evidence Required

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge range statement and the Assessment Guidelines for the Training Package

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the ability to

prepare and lodge appropriate and accurate information and documents at the required stages of the legal process

conduct all duties within accepted codes of conduct including those relating to maintaining confidentiality use of company property duty of care ethical behaviours privacy nondiscriminatory practice conflict of interest and compliance with reasonable direction

apply knowledge of relevant court processes current legislation legal processes and required documentation

Context of and specific resources for assessment

Assessment must ensure access to

an actual workplace or simulated environment

appropriate legislation and regulations relevant to corporation law matters

workplace manuals and reference materials such as company policies procedural manuals checklists and sample forms

background information on courts their jurisdiction and behavioural requirements

appropriate technology such as computers with relevant software

appropriate texts and people with expert knowledge such as legal practitioners

appropriate legislation and regulations relevant to common legal matters

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge The following examples are appropriate for this unit

analysis of responses to case studies and scenarios

direct questioning combined with review of portfolios of evidence and thirdparty workplace reports of onthejob performance by the candidate

observation of role plays

review of documentation outlining the legal obligations criteria and purpose of proprietary companies public companies and franchises

review of forms documents and annexures prepared for appropriate parties for review and signoff

oral or written questioning to assess knowledge of legal terminology and practice specific to corporation law

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector workplace and job role is recommended


Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Legislation includes that relating to:

area of law

Australian Taxation Office regulations

client and firm

relevant federal corporation law

relevant state and territory corporation law

schedules of fees and duties payable

taxation and banking requirements

tort, equity and statute law

trust accounts.

Different types of business structures and business arrangements include:

association

company limited by guarantee

company limited by shares

company limited by shares and guarantee

franchise

holding company

no-liability company

partnerships, including joint ventures, formal and informal

registrable Australian corporation

shelf company

subsidiary company

trusts, including express, discretionary and bare

unlimited company.

Consequences of incorporation relate to:

formalities, publicity and expense

limited liability

perpetual succession

property

separate legal entity

suing and being sued

transfer of shares.

Specified activities within corporation law relate to:

annual general meeting

auditing

cessation of business

class meeting

extraordinary general meeting

liquidation

statutory meeting

take-overs

winding up.

Forms involved in incorporation may include:

application for:

registration as a company

registration of a business name

reservation of a name

notice of resolution

notification of:

allotment of shares

consenting directors

initial appointment of office holders

statement of change in certain particulars, such as persons in relation to whom the business name is registered.

Designated person may include:

legal practitioner

practice manager

supervisor.

Appropriate parties involved in the incorporation of a company include:

company secretary

director

manager

shareholder

subscriber

witness.

Search documents may include:

certificate of incorporation

certificate of title.

Relevant agencies include:

Australian Securities and Investments Commission to confirm company details and prior charges

land titles office to check if borrower's property is subject to any outstanding dealings, charges and/or mortgages.

Forms and documents related to the administration of charges include:

charge document, which an organisation may have in its precedent bank

equitable charge document

mortgage document

notification of details of change

notification of discharge or release of property from a charge

prior charge documents

priority agreement with previous mortgagees or chargees

prospectus

stamp duty compliance form.

Appropriate parties involved in arranging charges include:

borrower's solicitor

company secretary

director

lender

lender's solicitor

manager

previous mortgagee or chargee

previous mortgagee or chargee's solicitor

shareholder

subscriber

witness.