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Overview

Course Overview

The power dynamics of corporations both internally and externality has been the subject of enquiry since the early iterations of the modern corporation. With the development of the corporation, frameworks have been put in place to manage these relationships between internal and external actors. These tools are often based on efficiency, ensuring that corporations can remain efficient and competitive, but they are also based within legitimacy when evaluating the correlative power which comes with large corporations. Corporate governance includes ‘hard law’ and ‘soft law’ blending together a patchwork quilt to govern corporations. These frameworks attempt to grapple with tensions from varying actors.

This course will explore both legal and theoretical perspectives to corporate governance. It will explore the foundational pillars of company law, the basis for corporations. It then maps these across comparative corporate governance to identify a global framework. The course then explores the normative question as to why we need this framework and the role of corporate law.

Key Topics

· Fundamental Concepts of Corporate Governance

· International Trends in Corporate Governance

· The Role of Law in Corporate Governance

· The Role of Law in Corporate Governance

· The Board and Shareholders

· Corporate Purpose

· Corporate Governance and Stewardship Codes

· the contractarian view of the company

· the concession theory of the company

· the economic concept of the ‘firm

· the concession theory ofthe company

Workload Expectations

This is a 15-point postgraduate course. The intensive, seminar portion will be for 24 hours. The guideline for the total workload for this course is 150 hours.

Advice on Course Limits

This is a limited entry course: there is a limit on the number of enrolments due to staff or space capacity. In cases where the courses is taught under two separate codes (e.g. concurrently taught courses, general education courses) the course limit specified is the total across both versions of the course. For more information, please see the Programme and Course Limitations section of the University Academic and General Statutes and Regulations.

Locations and Semesters Offered

LocationSemester
City

Teaching and Learning

Campus Experience

Attendance is necessary throughout the three day intensive because the course is designed to be participatory, with marks allocated to participation. It is therefore essential that students are present and contributing in order to complete and receive credit for components of the course. Sessions will not be available as recordings.

Learning Resources

Taught courses use a learning and collaboration tool called Canvas to provide students with learning materials including reading lists and lecture recordings (where available). Please remember that the recording of any class on a personal device requires the permission of the instructor.

Additional Information on Learning Resources

Recommended text: Corporate Governance Law, Regulation and Theory: Seconond Edition ISBN: 978 1 03531 574

Copyright

The content and delivery of content in this course are protected by copyright. Material belonging to others may have been used in this course and copied by and solely for the educational purposes of the University under license. You may copy the course content for the purposes of private study or research, but you may not upload onto any third-party site, make a further copy or sell, alter or further reproduce or distribute any part of the course content to another person.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Similarly, research students must meet the University’s expectations of good research practice. This requires:

  • Honesty - in all aspects of research work
  • Accountability - in the conduct of research
  • Professional courtesy and fairness – in working with others
  • Good stewardship – on behalf of others
  • Transparency – of research process and presentation of results
  • Clarity - communication to be understandable, explainable and accessible

For more information on the University’s expectations of academic integrity, please see the Academic Conduct section of the University policy hub.

Disclaimer

Elements of this outline may be subject to change. The latest information about taught courses is made available to enrolled students in Canvas.

Students may be asked to submit assessments digitally. The University reserves the right to conduct scheduled tests and examinations online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.


Assessment and Learning Outcomes

Additional Information on Assessment

Class Participation

Criteria and marking for class participation (10%)

♦ The extent of preparation for leading the discussions, in particular the analysis of the reading materials and guided questions

♦ The depth and thoroughness of understanding of the reading materials and guided questions

♦ The ability to draw worthwhile conclusions in the class discussion

♦ Thoughtfulness of contributions

♦ Generally, engagement in class and respect for fellow students

Team Debate

On the final day you will be randomly allocated into groups, and assigned approaches to take in a debate against other teams of students. There will be in time class for preparation of arguments, which will be assessed, together with initial presentation of arguments and counterarguments.

Course Learning Outcomes

CLO #OutcomeProgramme Capability Link
1
2
3
4
5
6
7

Assessments

Assessment TypeAssessment PercentageAssessment Classification

Assessment to CLO Mapping

Assessment Type1234567

Student Feedback, Support and Charter

Student Feedback

Feedback on taught courses is gathered from students at the end of each semester through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions. Your feedback helps teachers to improve the course and its delivery for future students. In addition, class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Class representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Tuākana

Tuākana is a multi-faceted programme for Māori and Pacific students providing topic specific tutorials, one-on-one sessions, test and exam preparation and more. Explore your options at Tuakana Learning Communities.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course coordinator, lecturer or tutor. Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website.

Wellbeing

We all go through tough times during the semester, or see our friends struggling. There is lots of help out there - please see the Support Services page for information on support services in the University and the wider community.

Special Circumstances

If your ability to complete assessed work is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff as soon as possible before the assessment is due. If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page. This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter.

Student Academic Complaints and Disputes

Students with concerns about teaching including how a course is delivered, the resources provided, or supervision arrangements, have the right to express their concerns and seek resolution. The university encourages informal resolution where possible, as this is quicker and less stressful. For information on the informal and formal complaints processes, please refer to the Student Academic Complaints Statute in the Student Policies and Guidelines section of the Policy Hub.