Faculty of Law, The University of West Indies at Mona

LA31E Corporate Insolvency Law
	1. General 92 This course is available as an option in the second semester of year III of the LL.B degree programme. It is recommended that students taking this option should have already covered Company Law, the Law of Trusts and Revenue Law. 2. Course Objective In the last twenty-five years or so, businesses have been assuming more and more importance in the economic life of CARICOM countries. Many of these businesses are incorporated and many of them fail. One result of all this is that the corporate lawyers in the Caribbean are having to confront more and more corporate insolvency legal issues, the rules applicable to the resolution of these issues and the legal policies which underline these rules. 3. Course Content i. Framework of Corporate Insolvency Law (a) Theory and Sources of Corporate Insolvency Law (b) Corporate Debt and Securities (c) Creditor Protection and Registration of Company Charges ii. Management of Corporate Solvency (a) Directors General Duties to Creditors (b) Compromise and Arrangements (c) Amalgamations (d) Fraudulent Preferences and Wrongful Trading (e) Misfeasance iii. Secured Creditors Remedy - Receiverships iv. Liquidations (Both Solvent and Insolvent) 4. Method of Teaching This course will be conducted on the basis of a two-hour weekly seminar and a one-hour weekly workshop. 5. Method of Assessment This course will be assessed by way of one "take-home" written assignment done during the second semester and a two-hour examination at the end of the second semester. Students will be required to answer two questions from a total of six which will cover topics taught in the course. The "take-home" assignment