QUEZON CITY UNIVERSITY COLLEGE OF ACCOUNTANCY BACHELOR OF SCIENCE IN ACCOUNTANCY COURSE TITLE COURSE CODE NUMBER OF UNITS PRE-REQUISITE COURSE : : : : Business Law and Regulations ACCLAW 2 3 units ACCLAW 1 COURSE DESCRIPTION: This course is intended to give the students a broad knowledge of legal provisions governing business associations - limited liability company, partnership, and corporations. Topics include: nature of partnerships; elements and kinds of partnership; formalities required; rules of management, distribution of profits, and sharing of losses and liabilities; modes of dissolution; limited partnership; nature and classes of corporations; requirements for incorporation; powers of a corporation (expressed, implied, and incidental); Board of Directors; classes of stock; powers and obligations of stockholders; majority and minority controls; corporate reorganization (mergers, consolidations, and other business combinations); modes of dissolution and liquidation; and statutory books, records, and returns required for a corporation. Also discussed are the laws of associations such as clubs. COURSE LEARNING OUTCOMES: After successful completion of this course, the student is expected to: A. Cognitive 1. discuss the processes, permits and other documentary requirements for the formation of a new business. 2. explain the concept and consequences of legal personality of partnerships and corporations. 3. Manifest understanding of the nature and differences of the different business organizations. 4. Determine the basic rules which regulate business organizations and why particular business forms may be advantageous in certain circumstances B. Psychomotor 1. performs discuss the procedures for the formation, operation, dissolution and liquidation of partnerships and private corporations. 2. Identify the different government offices or agencies involved in these requirements or for the regular renewal and/or submission of the necessary reporting requirements C. Affective 1. exhibit the University’s core values of nationalism and integrity in transactions involving business organizations . Textbooks and references: 1. The Law on Partnership and Corporations, 2019 Edition, Hectos S. De Leon 2. The Law on Sales, Bailments ang Agency, 2019, Hector S. De Leon 3. The Law on Negotiable Instruments, 2019, Hector S. De Leon 4. The Law on Partnership and Corporations, 2017, Fidelito R. Soriano 5. Web-Based Learning Materials on Cooperatives, Banking Laws, AMLA,PDIC, and other related laws. Requirements: 1. Class Participation 2. Quiz/Recitation/Assignments/Seatwork/Output 3. Major Examination DETAILED COURSE OUTLINE Week 1–2 Hours 6.0 Topic Sales, its nature, form and its requisites. Obligations and Rights of Vendor and Vendee. Earnest money vs. Option Money. Warranties in relations to consumer law. Modes of Extinguishment of Sales. Instalment Sales, Rights and remedies of seller. Learning Outcomes Explain the nature, form and requisites of sales. Distinguish earnest money from option money. Explain the rights and obligations of a vendor and vendee. Describe warranties in relations to consumer law Explain instalment sales, rights and remedies of sales. Strategies/ Activities Lecture. Discussion of students’ reaction. Assessment of Learning Outcomes Recitation on the topic. Quiz on the topic. Discussion of solutions of solutions to the case problem. Power point presentation of student on the topics assigned. Student presentation of current issues on legal systems with video clips. 3-4 6.0 Real Mortgage Chattel Mortgage Common Rules on Mortgages. Obligations of Pledgor/Pledgee Obligations of Mortgagor/Mortgagee Explain the nature of mortgages. Describe the requirements to bind the parties and third persons. Identify the obligations and rights of pledgor and pledgee. Lecture. Recitation on the topic. Discussion of students’ reaction. Quiz on the topic. Pactum Commissorium. Modes of extinguishment of Mortgages. Identify the obligations of mortgagor and mortgagee (effect of pactum commissorium). Describe the modes of extinguishment. Discussion of solutions of solutions to the case problem. Power point presentation of student on the assigned topics 5–6 6.0 Insolvency. Suspension of Payment. Involuntary insolvency. Corporate Rehabilitation. Stay Order. Duties of Receiver. Rehabilitation Plan. Define insolvency. Describe suspension of payment. Describe and explain voluntary insolvency. Describe and define corporate rehabilitation and other terms. Identify the grounds for stay order. Describe the duties of the receiver. Describe the contents of the Rehabilitation Plan. Describe the contents of petition and other types of Rehabilitation Student presentation of current issues on Ethics and Law with video clips. Lecture. Discussion of students’ reaction. Discussion of solutions of solutions to the case problem. Power point presentation of student on the topic assigned Presentation of case study or current issues on the types of business organization Recitation on the topic. Quiz on the topic 7 3.0 Negotiable Instruments Requisites of Negotiability Negotiation; Kinds Kinds of Endorsers. Discharged of Instruments. Describe the negotiability of instruments. Explain abnormal negotiable instruments. Lecture. Discussion of students’ reaction. Recitation on the topic. Quiz on the topic Discussion of solutions of solutions to the case problem. Power point presentation of student on the topic assigned 8 3.0 Anti-Bouncing Checks Law; BP22 Describe checks without insufficient funds. Identify the evidence of knowledge of insufficient funds. Explain the credit construed Presentation of case study or current issues on business crimes Lecture. Discussion of students’ reaction. Discussion of solutions of solutions to the case problem. Power point presentation of student on the topic assigned Recitation on the topic. Quiz on the topic Active participation of students and professor Presentation of case study or current issues 9 10 -12 3.0 9.0 MIDTERM EXAMINATION Partnership. Kinds of Partnership and Partners. Elements of a Partnership. Rules of management Explain the distribution of profits and losses; Modes of extinguishing a partnership. Limited Partnership. Explain Partnership. Distinguish the nature from corporation. Distinguish the elements and kinds. Explain the formalities required. Identify the rules of management. Explain the distribution of profits and losses. Explain the sharing of losses and liabilities. Describe the modes of retirement requirement. Identify limited partnership. Lecture. Discussion of students’ reaction. Recitation on the topic. Quiz on the topic Discussion of solutions of solutions to the case problem. Power point presentation of student on the topic assigned Active participation of students and professor Corporation Kinds of corporations Incorporation, promotion, and organization. Powers of a corporation. Describe the nature and classes of corporation. Describe the incorporation and organization of private corporations. Enumerate the powers of a corporation. Presentation of case study or current issues Lecture. Discussion of students’ reaction. Recitation on the topic. Quiz on the topic 13-14 6.0 The Board of Directors/Trustees. Corporate Officers. Classification of shares of stocks. Majority and minority control. By-Laws Meetings Corporate reorganization Modes of dissolution Corporate books. Concepts and Classification of cooperatives Administration Rights and privileges of cooperatives. Capital property of funds. Classification of cooperatives Merger and consolidation of cooperatives. Identify the Board of Directors and Corporate Officers. Distinguish the classes of stocks. Describe the powers, duties, rights and obligations. Distinguish majority and minority control. Describe the By-laws. Explain the meetings . Explain corporate reorganization effects of obligations. Describe non-stock corporation. Explain the modes of dissolution Explain foreign corporations. Describe the kinds and availability of corporate books. Describe Organization and Registration of Cooperatives. Explain Administration. Describe the responsibilities, Rights and Privileges of Cooperatives. Explain capital property of funds Explain audit inquiry and members right to examine. Describe allocation and Distribution of Funds. Enumerate the types and categories of corporation. Discussion of solutions of solutions to the case problem. Power point presentation of student on the topic assigned Active participation of students and professor Presentation of case study or current issues Lecture. Discussion of students’ reaction. Discussion of solutions of solutions to the case problem. Power point presentation of student on the topic assigned Recitation on the topic. Quiz on the topic 15-17 9.0 PDIC Law Insurable Deposits Maximum Liability Requirements of claims Secrecy of Bank Deposits Unclaimed Balances Law . Banking Laws Different kinds of loans AMLA Laws covered transactions, suspicious transactions and reportorial requirements Explain merger and consolidation of cooperatives. Active participation of students and professor Law on Business Transactions. PDIC Law Explain Insurable Deposits. Explain Maximum Liability. Enumerate the requirements of claims. Secrecy of Bank Deposits and Unclaimed Balances Law. Explain the secrecy of Bank deposits. Explain unclaimed balances. General Banking Law Rules on Banks Describe and explain different kinds of loans. AMLA Law Describe covered transactions. Describe suspicious transactions Enumerate reportorial requirements. The New Central Bank Act Explain legal tender power over coins and notes. Explain conservationist. Explain receivership and closure. Exclusion clauses. Lecture. 18 3.0 FINAL EXAMINATION Discussion of students’ reaction. Discussion of solutions of solutions to the case problem. Power point presentation of student on the topic assigned Active participation of students and professor Recitation on the topic. Quiz on the topic EXPECTATIONS FROM STUDENTS: 1. The student is responsible to come to each class prepared. 2. The student is expected to take all examinations on the date scheduled. 3. The student is expected to read the assigned chapter and solve exercises/problems prior to Class. 4. The student is expected to attend each class and participate actively in the discussions. 5. The student is expected to do the seatwork/exercises that will be assigned by the instructor inside the classroom. ACADEMIC DISHONESTY: Academic dishonesty is subject to University’s rules and regulations. POLICY on ABSENCES: 1. Missed Classes: Students who miss class are responsible for content. Any student who misses a class has the responsibility for obtaining copies of notes, handouts, assignments, etc. If additional assistance is still necessary, an appointment should be scheduled with the instructor. Class time is not to be used to go over material with students who have missed class. 2. Incurrence of three tardiness is equal to one absence. 3. Incurrence of three consecutive absences is considered unauthorized dropped. 4. Incurrence of four absences is considered unauthorized dropped. GRADING SYSTEM: Midterm Grade (MG) Midterm Exam Class Standing Assignment Recitation Test/Quiz Output/Seatwork 40% 60% 10% 10% 20% 20% Pre-Final Grade (PFG) Final Exam Class Standing Assignment 10% Recitation 10% Test/Quiz 20% Output/Seatwork 20% 40% 60% 100% 100% Final Grade (FG)= (MG + PFG) / 2 GRADE POINT Equivalent REMARKS GRADE POINT Equivalent REMARKS 98-100 1.00 Excellent 77-79 2.75 Satisfactory 95-97 1.25 Excellent 75-76 3.00 Passed 92-94 1.50 Very Good Below 75 5.00 Fail 89-91 1.75 Very Good INC Incomplete 86-88 2.00 Good OD Officially Dropped 83-85 2.25 Good UD Unofficially Dropped 80-82 2.50 Satisfactory Prepared by: Approved by: Noted by: ATTY. ROMEO DC. GALVEZ, CPA Dr. Gerardo T. Bautista, CPA Acting Dean Dr. Glenda A. Rebucas Acting VP for Academics Faculty Member I have read the course syllabus and I understand that I have to comply with the requirements of the course and the expectations from me as a student of ______________ during the __ Semester of _________. I am fully aware of the consequences of non-compliance with the abovementioned requirements and expectations. ________________________________ Printed name and signature of student ________________________________ Date