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You are a trainee solicitor at BCU Legal. Your Principal, Josie Lynch has asked you to consider the attendance note (DOCUMENT 1) from her meeting with Jayne, she is a director of Rooney Real Estate Ltd (The Company).

PATCH 2 Summative Assessment 1000 words

INSTRUCTIONS

You are a trainee solicitor at BCU Legal. Your Principal, Josie Lynch has asked you to consider the attendance note (DOCUMENT 1) from her meeting with Jayne, she is a director of Rooney Real Estate Ltd (The Company).

Josie asks that you send her a detailed email (josie.lynch@bculegal.co.uk ) outlining the step-by-step process to change the name of a private limited company. This is to include legal authorities AND what the Companies House requirements are including meetings and resolutions. YOU ARE NOT EXPECTED TO DRAFT THESE FOR PATCH 2.

She also asks that you carry out the required company name search of the new proposed company name and confirm in the email whether the new name can be used. (You should date this email the date of submission for your Patch 2 assessment)

DOCUMENT 1                                                                                          ATTENDANCE NOTE

TO:       A. TRAINEE 

FROM: Josie Lynch (PRINCIPAL)

DEPT:  CORPORATE

DATE:  18th March 2021

SUBJECT: Company name change

REFERENCE: RREst18/03-21

I met with Jayne Rooney of Rooney Real Estate Ltd (The Company), on 18th March 2021. Jayne explains that The Company is a commercial property management company. They manage around 550 properties for a number of clients throughout the UK.

Jayne explains that in January 2021 the Managing Director, Jonathan Nolan was prosecuted for significant fraudulent company transactions. This led to the substantial losses for The Company’s clients and The Company itself.

At a Shareholders meeting, The Shareholders have considered the impact this may have on their business and its reputation. For those reasons they are considering changing the name of the company to Commercial Real Estate Ltd.

I also collated the below background information.

 

BACKGROUND INFORMATION

Registered Company Name: Rooney Real Estate Ltd

Incorporation number: 1264900

Date of Incorporated: 1st May 2013

Registered Office:

Pershore Building

1710 Weeford Road

Longbridge

B31 1TR

Purpose of Company: commercial property management company

Articles of Association: Unamended model articles 2013

Share Capital: 30,000 ordinary shares with a nominal value of £2.00 each

Capital: £60,000

Shareholders: Julie Rooney, Jayne Rooney and Robert Rooney (all siblings)

Shareholding: shareholders hold 10,000 shares each (fully paid upon issue)

Directors:

Ms Jayne Rooney

Address: 16 Fairhurst Lane, Rednal, West Midlands, B45 6HE

DOB: 19/05/1965

Occupation: Office Manager/Director

Nationality: British

Mr Robert Rooney

Address: 8 Taywood Drive, Northfield, West Midlands, B31 2TT

DOB: 27/03/1970

Occupation: Building Inspector

Nationality: British

Company Secretary: Julie Rooney (not to include personal address)

WORD LIMIT: up to 1,000 words (10% discretion permitted)

Formative Assessment Opportunities

You have a formative opportunity to submit your draft of Patch 2 no later than 12.00 noon on Monday 12th March 2021 via an assignment portal on Moodle.

You will obtain group feedback on Patch 2 during Workshop 12.  

WORD LIMIT: up to 1,000 words (10% discretion permitted)

PATCH 3 Summative Assessment

INSTRUCTIONS

From: Josie Lynch <josie.lynch@bculegal.co.uk>
Sent: 07 April 2021 13:26
To: A Trainee <A.Trainee@bculegal.co.uk>
Subject: RREst18/03-21 Change of Name

Hello A. Trainee,

Thank you for your work on this client file previously. Jayne has informed me that they would like to go ahead with the name change. However, they have altered the name to; Executive Commercial Properties Ltd

Using the client background information (provided above with Patch 2), can you email me an appropriate draft resolution dated 12th April 2021 to be proposed at a general meeting and not in writing along with the necessary Companies House documentation to register the change to The Company’s name.

Can you also provide reasoned answers (including statutory authorities where appropriate) to the below questions in your email before I meet with Jayne on 5th May 2021.

Kind Regards

QUESTIONS FOR COMPLETION

a) How much will The Company be charged for filing the documents required in paper form?

b) Who in The Company is required to sign the Companies House forms?

c) What additional documents need to be filed at Companies House along with the relevant form?

d) What is the latest date for any additional documents you have identified to be filed at Companies House?

e) If Companies House approve the name change when does it become effective?

f) Explain what will happen as a consequence of the disclosure requirements provided in Section 1078 Companies Act 2006

EMAIL WORD LIMIT: up to 350 words (10% discretion permitted)

There is NO word limit for the Companies House form or resolution

Formative Assessment Opportunities

You have a formative opportunity to submit your draft of Patch 3 no later than 12.00 noon on Monday 12th April 2021 via an assignment portal on Moodle.

You will obtain group feedback on Patch 3 during Workshop 12.

EMAIL WORD LIMIT: up to 350 words (10% discretion permitted)

There is NO word limit for the Companies House form or resolution

Learning Resources:

Essential

Patch 2

  • As per the lecture/workshop  reading for these topic areas

Patch 3

  • As per the lecture/workshop  reading for these topic areas

Assessment criteria

Please note that, under the Course Regulations, you are entitled to only two attempts to pass each assignment.  You are strongly advised to take every opportunity to submit work as failure to submit counts as a fail.  Should you fail an assignment, it is very important that you arrange a tutorial with the marker so that you can improve your work.

How to submit your work

You should submit your work electronically on Moodle.  If your work is submitted later than the stated deadline you will be penalised as follows:

- Assessments submitted up to 1 hour after the published deadline will receive no penalty. This will ensure that students will not be unfairly penalised for any slowing of systems around deadlines. Please note you should still aim to upload by the published deadline.

- Assessments submitted between 1 and 24 hours after the published deadline will be reduced by 5% of actual mark. Example - an original mark of 60% will be reduced by 3% to a mark of 57%.

- Assessments submitted between 24 hours and 1 week (5 working days) after the published deadline will be reduced by 10% of actual mark. Example - an original mark of 60% will be reduced by 6% to a mark of 54%.

- Later than 5 working days of submission date – your work will not be marked and will be recorded as a fail.

- The mark is below the pass mark for the assessment (40% for undergraduate or 50% for postgraduate). The reduction (either 5% or 10%) will reduce the mark to below the pass mark. In this case the assessment will be capped off at the pass mark if already passed

Cheating and Plagiarism

You are reminded of the University Disciplinary Procedures which refer to cheating, details of which may be found on the BCU Document Library http://diglib.bcu.ac.uk/webgate/dlib/templates/JAWS/index.asp in the University Policies, Regulations and Procedures section.  Except where the assessment of an assignment is group-based, the final piece of work which is submitted must be your own work.  Close similarity between assignments is likely to lead to an investigation for cheating.  It is not advisable to show your completed work to your colleagues or to share and exchange disks.

You must also ensure that you acknowledge all sources you have used.  Work which is discovered to be the result of collusion or plagiarism will be dealt with under the University`s Disciplinary Procedures, and the penalty may involve the loss of academic credits. You should use Turnitin as a tool for checking your work for plagiarism; your module tutor will be able to help you with this.

If you have any doubts about the extent to which you are allowed to collaborate with your colleagues, or the conventions for acknowledging the source you have used, you should first of all consult module documentation and, if still unclear, your module tutor.

Assignment Word Count

There is a limit to the number of words you should be writing in this assignment.  The word limit should be clear to you when you have finished reading this brief, but do please see your tutor if you are not sure about what you have to do.

The front cover sheet you will complete before handing in your work will ask you to confirm the word limit for that assignment and also the number of words you have actually used.  The word count should include all quotes and citations within the main text, but should exclude appendices, abstracts and bibliographies.  There are penalties for exceeding the word limit you have been given by your tutors, but there is no penalty for writing fewer words.  The penalties for exceeding the limit are as follows:

Students who exceed the word limit by up to 10% will not be penalised.

Students who exceed the word limit by more than 10%, your marks will be reduced by 10% of the mark allocated to you ie 60% mark will be reduced by 6 percentage points to 54%.  If a penalty results in your mark going below 40%, 40% will be awarded.


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