LAW-2002 3 Business-Laws-and-Regulations PDF

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Summary

POLYTECHNIC UNIVERSITY OF THE PHILIPPINESCOLLEGE OF ACCOUNTANCY AND FINANCEACCOUNTANCY DEPARTMENTCOURSE TITLE BUSINESS LAWS AND REGULATIONSCOURSE CODE LAW 20023CREDIT UNITS 3 UNITSCOURSE PREREQUISITE LAW 20013COURSE DESCRIPTION This is a study of Laws governing Agency, Partnerships, and Corporations...

Description

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES COLLEGE OF ACCOUNTANCY AND FINANCE ACCOUNTANCY DEPARTMENT COURSE TITLE COURSE CODE CREDIT UNITS COURSE PREREQUISITE COURSE DESCRIPTION

BUSINESS LAWS AND REGULATIONS LAW 20023 3 UNITS LAW 20013 This is a study of Laws governing Agency, Partnerships, and Corporations. The course will focus on the basic principles provided by these special laws, and the application of these principles to the various relationships created by these business transactions.

Institutional Learning Outcomes 1. Creative and Critical Thinking Graduates use their imaginative as well as a rational thinking ability to life situations in order push boundaries, realize possibilities, and deepen their interdisciplinary and general understanding of the world. 2. Effective Communication Graduates are proficient in the four macro skills in communication (reading, writing, listening, and speaking) and are able to use these skills in solving problems, making decisions, and articulating thoughts when engaging with people in various circumstances. 3. Strong Service Orientation Graduates exemplify the potentialities of an efficient, well-rounded and responsible professional deeply committed to service excellence. 4. Community Engagement Graduates take an active role in the promotion and fulfillment of various advocacies (educational, social and environmental) for the advancement of community welfare. 5. Adeptness in the Responsible Use of Technology Graduates demonstrate optimized use of digital learning abilities, including technical and numerical skills. 6. Passion to Lifelong Learning Graduates are enabled to perform and function in the society by taking responsibility in their quest to know more about the world through lifelong learning. 7. High Level of Leadership and Organizational Skills Graduates are developed to become the best professionals in their respective disciplines by manifesting the appropriate skills and leaderships qualities. 8. Sense of Personal and Professional Ethics Graduates show desirable attitudes and behavior either in their personal and professional circumstances. 9. Sense of National and Global Responsiveness Graduates’ deep sense of national compliments the need to live in a global village where one’s culture and other people culture are respected.

Program Outcomes

Course Outcomes

BSA and BSMA graduates must demonstrate the ability to review, interpret, evaluate financial data and systems in compliance with established policies, procedures, guidelines, agreements and/or legislation. They must be able to link data, knowledge, and insight together with different sources and disciplines to make informed decisions.

Upon successful completion of Business Law course, the student will be able to a. Demonstrate an understanding of the Legal Environment of Business, b. Apply basic legal knowledge to business transactions, and c. Communicate effectively using standard business and legal terminology.

BSA and BSMA graduates should possess active listening skills and the ability to effectively communicate one’s point of view, both orally and in writing, at all organizational levels; be able to explain verbally and/or writing financial, statistical, administrative matters/policies/procedures/regulatory matters/audit results at a level appropriate to the audience and must be able to negotiate effectively. BSA and BSMA graduates should develop an ability to work in groups, possess skills to participate as member of a team or/and contribute to group effort; be able to teach others new skills; be able to work to the satisfaction of the clients; negotiate and work with diversity or work well with men and women from diverse backgrounds. BSA and BSMA graduates must work with the highest standards of professionalism, to attain higher level of performance and generally to meet the public interest, he must conform to the ethical standards of the profession that include: Integrity, objectivity and independence, professional competence and due care, confidentiality, professional behavior, and moral values. BSA and BSMA graduates should possess general knowledge in gaining and understanding of the different cultures in the world and developing an international objective thus, he must possess competency in English language, adaptability to foreign business practices, level of trainability and good capabilities in dealing with foreign partners. BSA and BSMA graduates should not only be conversant with IT concepts for business systems but sound knowledge on internal control in computer-based systems, development standards and practices for business systems, management of the adoption, implementation and use of IT, evaluation of computer business systems, and managing the security information. BSA and BSMA graduates should possess broad base of knowledge concerning macroenvironmental, economic and industry issues, business process structures, functions, and practices. It includes knowledge in areas such as economics, quantitative models and business statistics, organizational behavior, international business, ethics, and corporate governance.

Course Plan Week 1

Topic Introduction to course, overview of subject, explanation of policies and grading system Introduction to Law

I.

II. 2

3

General Provisions III. Obligations of the Partners ▪ Obligations of the Partners Among Themselves ▪ Property Rights of a Partners ▪ Obligations of the Partners with Regard to Third Persons I.

VII. VIII.

IX. X.

Meetings Stocks and Stockholders

Understand the importance of shareholder’s meetings and

▪

III.

IV.

V.

VI.

7-8

Methodology

Resources Course syllabus

Forums and online discussion

https://kupdf.net/download/law-on-partnership-and-corporation-byhector-de-leon_59657ceadc0d6075302be310_pdf

Analysis of case intended to bring out the critical analysis skills of students.

Compare and contrast Partnership with Corporation

▪

5-6

Clearly explain the Meaning of Partnership and its obligation among each partner.

Dissolution and Winding Up Limited Partnership Private Corporations: The Corporation Code of the Philippines General Provisions: Definition and Classifications Private Corporations: The Corporation Code of the Philippines General Provisions: Definition and Classifications Incorporation and Organization of Private Corporations Board of Directors/Trustees/Officers Powers of Corporation By-Laws

II.

4

Learning Outcomes Course overview

Assessment Attendance to online conferences

Attendance to online conferences Short reaction paper

Follow-up activity to the previous lesson

https://www.full-suite.com/blog/difference-between-a-partnership-anda-corporation-in-the-philippines/

Participation in online discussion

Simulation

https://www.lawphil.net/judjuris/juri1919/dec1919/gr_l-15429_1919.html

Short position paper

http://www.sec.gov.ph/wp-content/uploads/2019/03/2019Legislation_RA11232-REVISED-CORPORATION-CODE-2019.pdf

Participation in online discussion

http://sc.judiciary.gov.ph/decisions/

Short position paper

http://creativecommons.org/licenses/by/4.0/

Participation in online discussion

Case studies

Identify and understand the Corporation code of the Philippines

Discuss Incorporation and Organization of Private Corporations

Lecture and discussion Simulation

Web conferencing

https://www.dlapiperintelligence.com/goingglobal/corporate/index.html ?t=15-director-officer-requirements&c=PH

Identify the number of Incorporators, Directors, Trustees and Officers.

Short position paper

http://www.sec.gov.ph/wp-content/uploads/2019/03/2019Legislation_RA11232-REVISED-CORPORATION-CODE-2019.pdf

Online Discussion Research

https://www.chanrobles.com/legal5title6.htm

Recitation Short position paper

10-13

XI.

Corporate Books and Records

XII. XIII. XIV.

Merger and Consolidation Appraisal Right Non-Stock Corporation

keeping of corporate books and records in a Corporation Compare and contrast Merger and Consolidation

MIDTERM DEPARTMENTAL EXAMINATION Review of answers in https://abolawfirm.com/mergers-and-consolidations-as-governed-by-thethe midterm revised-corporation-code-of-the-philippines/ examination

Attendance to online conferences Short position paper

14-15

16-17

XV. XVI. XVII.

Close Corporations Special Corporation Educational Corporation

Prepare and present reports on special corporation

XVIII. XIX. XX. XXI.

Religious Corporations Dissolution Foreign Corporation Miscellaneous Provision

Prepare and present reports on special corporation

Online Discussion Group report Simulation

https://www.chanrobles.com/legal5title12.htm

Short position paper

http://www.sec.gov.ph/wp-content/uploads/2015/11/Opinion-No.-1423.pdf

Group report

Quiz https://www.chanrobles.com/legal5title13.htm

Simulation

Group output project

FINAL DEPARTMENTAL EXAMINATION Suggested Readings and References • The Law on Partnerships and Private Corporations by Hector De Leon • The Corporation Code of the Philippines- SEC • ACT # 1459 – LawPhil • Supreme Court Decisions • Article 176 (Partnership) Civil Code of the Philippines Course Grading System ONLINE MODE OF LEARNING Class Standing Quizzes Assignments and other activities Departmental examination Total

70% 50% 20% 30% 100%

Final Grade = (1st Grading Period + 2nd Grading Period) 2 CORRESPONDENCE MODE OF LEARNING Result from Online Final Departmental Examination Result from the activities in the modules Total

60% 40% 100%

Classroom Policy The allowed number of absences for students enrolled in LAW 20023 with once-a-week meeting is four (4). Request for excused absences or waiver of absences must be presented upon reporting back to class. Special examinations will be allowed only in special cases, such as prolonged illness. It is the responsibility of the student to monitor his/her own tardy incidents and absences that might accumulate leading to a grade of “FA,” (Failed due to Absences). It is also his/her responsibility to consult with the teacher, chair or dean should his/her case be of special nature. All BSA and BSMA students are expected to be academically honest. Cheating, lying and other forms of immoral and unethical behavior will not be tolerated. Any student found guilty of cheating in examinations will (at a minimum) receive a grade of 5.0 in the said test. Consultation Time Subject to the availability of the subject teacher, student may approach the subject teacher for queries about his/her grade as well as other academic requirements for the subject.

Prepared by:

Enhanced by:

Reviewed by:

(sgd.) Atty. Pearlito B. Campanilla Faculty Member

(sgd.) Atty. Gary C. Aure Faculty Member

(sgd.) Lilian M. Litonjua, CPA, MBA Chairperson

Recommending Approval:

(sgd.) Dr. Julieta G. Fonte, CPA Dean, College of Accountancy and Finance

Approved by: (sgd.) Dr. Emanuel C. De Guzman Vice President for Academic Affairs

Revised March 2021...