LAW2450 Company and Finance Law Assessment 2

This assessment is an individual assessment and consists of TWO parts.

The total mark for the assessment is 40 and is made up of:

Written assessment: 25 marks

And

Video presentation 15 marks.

PART 2:

This part consists of a video presentation to the senior partner/director of the accounting practice/financial organisation that you work for

To obtain marks for this assessment, BOTH the written report and the video must be completed. If both items are not done, then NO marks will be awarded at all for the whole assessment.

Part 2 is worth 15 marks

The assessment is available from Wednesday 26 April 2023 at 9 am.

The due date is Friday 5 May 2023 by 5:00 pm via Turnitin.

The video presentation has a minimum time of 5 minutes and a maximum time of 15 minutes. If it is less than the minimum time or more than the maximum time, then no marks will be awarded.

Requirements in preparation of the video:

Requirement in preparing and presenting the video:

1. You must show on camera your RMIT ID which must contain your photo.
2. Introduce yourself to Humphrey.
3. Dress professionally (no tee shirt or casual dress)
4. The background to your oral presentation must be a professional scene and not your bedroom, lounge, holiday scene or coffee shop
5. You must look at the camera. We must see your face. Do not look away from the camera.
6. You must NOT READ from notes. If you read from notes, you will be heavily penalised ie no marks will be awarded
7. No PowerPoint presentation to be included
8. Practice your presentation before you attempt the final oral presentation.
9. You can use any electronic media to upload the video eg MPV, Zoom, you tube etc.
10. It is your responsibility to ensure that the video can be uploaded. If you have IT issues you need to speak to RMIT IT to resolve.

Rationale for video presentation:

As accountants/financial advisers you will spend the majority of your time explaining issues to people. The purpose of the video is to give you the opportunity in a safe environment to develop that skill.

In presenting to clients or your employer you DO NOT read from a script. You are expected to know the topic and the issues raised and be able to talk about them confidently. You are expected to maintain eye contact with Humphrey.

The questions that you will be required to answer may take more than 15 minutes to respond so you will need to develop the skill to summarise.

Background to video presentation:

Humphrey Singh is the senior partner/managing director of the firm. He is partner/managing director responsible for the provision of advice and services to the client BMW Ltd. They are a valued client of the firm.

He is currently in Western Australia on business and will not be back until Monday 8 May 2023.

He has read the report prepared by you and reviewed by Serena.

ISSUES THAT HUMPHREY WANTS YOU TO ADDRESS AND PRESENT IN THE VIDEO:

1. Given the financial markets are in turmoil and the share price of BMW has fallen dramatically from $2.05 to .20c per share is it likely that the public will take up a share issue?
2. Is a preference share issue a better option?
3. The company received a letter from a solicitor 5 days ago stating that a consumer suffered a severe and fatal reaction to one of the products on the basis the product contained toxins and not natural products as claimed. Who is liable, the company or the senior management?
4. The recent case of Cassimatis v ASIC [2020] FCAFC 52 involved the application of s180 of the Corporations Act by the Full Federal Court. Can you explain why the court came to the view the directors breached s180 of the Corporations Act. Does it apply to the directors of BMW?
5. KM has a financial planning division which has many high-net-worth clients each with funds in excess of $3,000,000. Would it be easier for BMW to ask these clients to invest than asking the public? What does the company have to do?

In your oral video presentation please answer these questions from Humphrey.