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The incorporation of a company separates it from other business organisations in Australia, such as the partnership. It is important to understand the key differences between these two forms of business organisation.”

After reflecting upon the above statement, please discuss the key features of incorporation relevant to a company limited by shares and compare and contrast these with the features of a partnership. Whilst students are allowed broad scope for the development of discussion in this essay, matters for discussion should not extend beyond the parameters listed in the LAW6501 Unit Plan for the preparation of this essay (see under the heading “Preparation and Resources for Assignment” in the Unit Plan which states that “[b]efore starting this assignment you should already have read and be familiar with the lecture material and readings up to and including at least Lecture 6, and have tackled the questions in the tutorials to at least Tutorial 6).

As this essay requires an analytical approach, you should extend your discussion beyond a mere descriptive posture. Whilst a good descriptive coverage of the relevant matters relating to the business organisations noted above is certainly expected, in terms of the analytical component of your essay you are required to focus on a significant aspect or issue relevant to a key difference between a company limited by shares (as an incorporated entity) and a partnership and to critically analyse that aspect or issue thus chosen by you.

Wherever possible, you should use Corporations Act section numbers and case authorities to support your discussions and arguments, and if possible illustrate with examples of contemporary cases before the courts. You should use a range of secondary authorities (books and articles), consistent in number and quality with a post graduate university essay, and duly acknowledged with proper referencing to support your assertions and arguments. When constructing your essay, reference must be made to the requirements listed in the Unit Plan for this assignment, and you should use the relevant format template provided on Blackboard in due course.

 

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