Postgraduate Diploma in Corporate Law

Purpose

The purpose of the Postgraduate Diploma in Corporate Law is to provide students, who are mostly professional in the legal, management and financial fields, operating in the multi-faceted field of Corporate Law, with a complete and systematically ordered, theoretical and practice orientated body of advanced knowledge of corporate law principles. This will enable them to evaluate and convey ideas and resolute advise from both a theoretical and practical perspective and to demonstrate a well-developed judgement, adaptability and responsibility as a practitioner in the field of Corporate Law.

The application of this multi-faceted qualification will equip the qualifying student with an advanced level of constructive knowledge in the interpretation and application of the regulatory framework in each of the respective areas.

Rationale

Competent lawyers and practitioners in the legal field are, in addition to a sound legal system, prerequisites of an efficient and prosperous corporate sector. The legal system provides the rules within which the state's administration, the business world, individuals and organisations operate. In any country in which the law reigns supreme, practitioners should apply legal rules in order to ensure due compliance with the regulatory framework in this burgeoning sector of legal practice.

The relevant sector of law is the all-encompassing field of corporate law which in its various guises is becoming more and more important in terms of economic development and social transformation. Companies are a central feature of the economic landscape and expertise on the legal principles governing them is in high demand, particularly since major reforms took effect in 2011 through a new Companies Act. The Postgraduate Diploma in Corporate Law was previously presented in a different format but substantive recent law reform developments have necessitated a reconsideration of its design.

The Postgraduate Diploma in Corporate Law will allow for a broad analysis of the legal principles and recent legislative reforms relating to the regulatory environment pertaining to companies which form a central feature of the commercial sector.

This Postgraduate Diploma in Corporate Law is a continuous professional development (CPD) orientated and serves to enhance the career of working individual in the field of corporate law. In line with the Higher Education Qualification Sub-Framework (HEQSF) the successful completion of this qualification meets the minimum entry requirement for admission into a cognate Master's Degree. It should however be noted that that the student may be required to complete a module in research methodology prior to entering a Master's Degree.

Recognition of Prior Learning (RPL)

The Faculty of Law accepts Recognition of Prior Learning (RPL) as an integral part of education and academic practice. It is acknowledged that all learning has value and the Faculty of Law will endeavour to assess prior learning and award credit where relevant.

The Faculty of Law manages RPL according to the institution's RPL policy, and will be applied as follow for purposes of this programme as set out in the Faculty of Law's Qualifications and Regulations policy:

• Through Recognition of Prior Learning, a student may gain access, or advanced placement, or recognition of status, on condition that he/she continues his/her studies at the institution.
• Recognition takes place in terms of requirements and procedures applied by the Faculty of Law.
• Recognition of Prior Learning in the case of a student not complying with the formal entry requirements:

> Is based on other forms of formal, informal and non-formal learning and experience.

> Is considered only where prior learning corresponds to the required NQF-level.

> Takes place where prior learning in terms of applied competencies is relevant to the content and outcomes of the qualification.

> Is considered in terms of an assessment procedure that includes a motivated recommendation by an assessment panel to the Dean's Committee of the Faculty of Law.

> Is finally decided upon by the Faculty of Law's Dean's Committee.

Entry Requirements

The admission requirements for this qualification is

• A Bachelor's Degree, Level 7.

Or

• An Advanced Diploma, Level 7.

This qualification comprises compulsory modules at Level 8 totalling 120 Credits.

Compulsory Modules, Level 8, 120 Credits

• Company Law: Fundamental Principles, 30 Credits.
• Business Rescue, 30 Credits.
• Corporate Finance and Securities Law, 30 Credits.
• Corporate Insolvency Law, 30 Credits.

1. Demonstrate the ability to systematically apply the fundamental company law principles affecting professionals in the legal, management and financial fields.
2. Demonstrate the ability to provide advice on the legal aspects which effect the formation and operation of a company.
3. Demonstrate the ability to operate in the recently founded field of Business Rescue, with the theoretical and practice orientated skills required to implement or advise on the business rescue processes, as prescribed and authorised by the legislative provisions contained in the relevant sections of the Companies Act.
4. Demonstrate the ability to apply fundamental knowledge, which is both theoretical and practice orientated in the implementation of the statutory provisions which underlie the principles and application procedures relating to corporate insolvency law.

Associated Assessment Criteria for Exit Level Outcome 1

• Identify and interpret relevant provisions of the Companies Act and correctly apply them to a practical scenario.
• Describe the structure and function of a company's memorandum of incorporation correctly.
• Analyse the relationship between the memorandum of incorporation, governance rules and shareholder agreements.
• Draft a compliant memorandum of incorporation that appropriately addresses specific considerations arising in a practical scenario.

Associated Assessment Criteria for Exit Level Outcome 2

• Evaluate and interpret the legal position pertaining to pre-incorporation contracts and evaluate possible risks for companies and their incorporators.
• Analyse the nature of shares and shareholding and evaluate the rights of shareholders.

Associated Assessment Criteria for Exit Level Outcome 3

• Identify and interpret relevant provisions of the Companies Act pertaining to business rescue and apply them to a practical scenario.
• Evaluate the approach of the courts in deciding on business rescue applications and predict the success of applications in case studies.
• Assess the standards of conduct expected from directors and Identify and advise on the risk of personal liability of directors.
• Analyse the provisions in the Act pertaining to the implementation of the plan.
• Construct and draft a business rescue plan compliant with the Act that considers specific considerations arising in a practical scenario.
• Categorise the factors to be considered in deciding between business rescue proceedings and a section 155 compromise.
• Construct organisational objectives and identify uncertainties surrounding the achievement of the stated objectives.
• Advise on the protection of employees in the transfer of an undertaking in the course of business rescue proceedings.

Associated Assessment Criteria for Exit Level Outcome 4

• Apply the legislative requirements in winding up companies in liquidation and insolvent estates.
• Analyse and explain the effects of liquidation on directors and shareholders in a company.
• Distinguish between the powers and duties of trustees and liquidators.
• Apply the procedure whereby trustees and liquidators are appointed.
• Analyse and explain the effect of liquidation proceedings on uncompleted contracts.

Integrated Assessment

Integrated assessment, focusing on the achievement of the Exit-Level Outcomes, will be done. Assessment seeks to evaluate student performance in order to determine whether students comply with assessment criteria, and encourage and guide the improvement of student performance. Assessment is based on the principle of continuous and regular assessment and complete and prompt feedback. Assessment consists of two components: formative assessment and summative assessment.

The number and types of tests/assignments/projects/case studies varies. Formative and summative assessment is conducted by way of assignments and an examination. There are two assignments and one examination per module. These forms of assessment focus on application and involve case studies and drafting experience appropriate to each module. Each assignment will count towards 50% of the year mark with the year mark and examination mark each contributing 50% towards the final mark. A sub-minimum of 40% for the year mark is required to gain entrance to the examination.

Students are given the opportunity of re-submitting one of the formative assignments if they have been identified as at-risk students. Supplementary examinations are conducted in accordance with the institution's policy. A sub-minimum of 40% is required by the student to gain entrance to the supplementary examination.

Moderation - Internal moderation and external moderation by subject matter experts in accordance with the Universities Assessment Policy.