Addressing Key Challenges in Corporate Structure and Governance
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Understanding the intricacies of business organisations is crucial for anyone involved in corporate governance. This course focuses on identifying and addressing agency problems within various business entities, equipping you with tools to navigate these challenges effectively.
Here's what the course covers:
- Agency Relationships in Unincorporated Businesses: Explore agency problems in sole proprietorships and partnerships.
- Shareholder–Management Relationship: Understand and balance the complexities between shareholders and management.
- Majority–Minority Shareholder Dynamics: Learn strategies to protect minority interests.
- Company–Third-Party Relationship: Delve into interactions with external parties and resulting agency issues.
- Agency Controls: Discover regulatory frameworks and governance strategies.
- Agency Costs: Examine enforcement costs and mitigation strategies.
Why Take This Course?
- Addressing Agency Problems: Gain a comprehensive understanding of why it's crucial to address agency problems in business organisations.
- Law of Agency: Dive into the fundamentals of the law of agency, covering relevant sections, the concept of contract of agency, and distinctions between agents and employees.
- Creation and Types of Agency: Learn about the creation of agency relationships, the various kinds of agents, and their authorities within business structures.
- Rights, Duties, and Liabilities: Explore the rights, duties, and liabilities of agents, along with the termination of agency agreements.
- Real-world Significance: Understand the practical significance of agency law through real-world scenarios and problem-solving techniques.
- Historical Perspective: Delve into the historical evolution of agency law to grasp its development and relevance in contemporary business practices.
- Comparative Analysis: Gain insights from major common law jurisdictions through comparative analysis and case studies to broaden your understanding.
Who Should Take This Course?
- Law Students and Recent Graduates: Prepare for a career in corporate law and gain practical insights into agency issues.
- Lawyers and In-House Counsels: Enhance your understanding of agency law to better advise clients and manage legal risks.
- Legal Professionals Transitioning to Corporate Practice: Acquire the necessary skills to excel in transactional law and corporate practice.
- Chartered Accountants, Company Secretaries, and Cost & Work Accountants: Deepen your legal knowledge to effectively navigate corporate structures and transactions.
- Government Officials and Academicians: Gain insights into agency law to inform policy making and academic research.
- Managers, Chief Executive Officers, and Company Directors: Understand the legal framework surrounding agency relationships for effective decision-making and governance.
- Prospective Entrepreneurs: Learn about agency law to establish and manage business relationships effectively.
- Business Professionals, Advisors, and Managers: Develop a detailed understanding of agency issues to mitigate legal risks and enhance corporate governance.
Course Structure:
Engaging and Structured Videos: Learn at your own pace with our expertly crafted video lectures delivered by leading industry professionals. Whether you are exploring a new area of law or reinforcing your existing expertise, the series of short videos (around 2-3 minutes each) empower you to learn at your own pace, revisiting concepts as needed. Each video segment is thoughtfully crafted to explain the practical applications and processes related to the specific Definition, Concept, Explanation, Section, or Article being covered.
Practical Assignments and Solutions: Solidify your knowledge with practical exercises that put theory into action. Wherever required, practical assignments are explained in detail through ‘Solutions Videos’ or ‘Solutions Guide’, wherein our experts walk you through each and every step for solving the practical legal problems either through videos or a documentary guide.
Q&A for Knowledge Mastery: Test your understanding and gain clarity through Multiple Choice Questions (MCQs) at the end of Chapters. These MCQs test your comprehension and application of mind ensuring you have the right understanding of the course material.
- 1. 📕 Addressing agency
- 1.1 ▸ Why is it important to address agency problems?
- 1.2 ▸ History of law of agency
- 2. 📕 Law of agency
- 2.1. § Relevant sections
- 2.2 ▸ Concept and meaning of contract of agency
- 2.3 ▸ Distinction between agent and employee and agent and independent contractor
- 2.4 ▸ Creation of agency
- 2.5 ▸ Kinds of agents
- 2.6 ▸ Agent’s authority
- 2.7 ▸ Sub-agent and substituted agent
- 2.8 ▸ Disclosed and undisclosed principal
- 2.9 ▸ Rights of agent
- 2.10 ▸ Duties of agent
- 2.11 ▸ Liabilities of agent
- 2.12 ▸ Termination of agency
- 2.13 ✒ Exercises A
- 2.13 ✒ Exercises B
- 2.14 𝍭 Full text of leading cases
- 2.15 📚 Readings
- ☆ Feedback
- 3. 📕 Identifying agency problems in different forms of business organisation
- 3.1 ▸ Sole proprietorship
- 3.2 ▸ Partnership
- 3.3 ▸ LLP
- 3.4 ▸ Cooperative societies
- 3.5 📚 Readings
- 4. 📕 Analogical agency relationship in corporate form
- 4.1 ▸ Introduction
- 4.2 ▸ Agency problems and conflicts
- 4.3 ▸ Ownership-management conflict
- 4.4 ▸ Company-third party conflict
- 4.5 ▸ Majority versus minority conflict
- 4.6 ▸ Agency controls
- 4.7 ▸ Agency cost
- 4.8 𝍭 Full text of leading cases
- 4.9 📚 Readings
- ✍️ Assignment: Addressing and identifying agency problems
- ✍️ Assignment
- ✅ Solution: The double-edged sword of mutual agency in partnerships
- ☆ Feedback
Instructors
Dr Pratima Narayan
Advocate & Mediator, Co-founder, Techlawlogi Consulting LLP
Dr Pratima Narayan has served the legal academia for over 20 years as a visiting faculty at various reputed law schools and business schools. Her expertise lies in areas of commercial contracts, consumer law, e-commerce and Intellectual Property Rights.
Juhi Roy
Partner, Petkar Legal
Juhi Roy has previously worked as a Senior Associate in the General Corporate team of Argus Partners, Kolkata. She has also worked with Cyril Amarchand Mangaldas, Mumbai; Network 18 Media and Investments Limited, Mumbai; Wadia Ghandy & Co., Mumbai; and SA Partners, Mumbai.
Presented by Pradyumna Anil Purohit
Instructor & Editor, EBC Learning
Pradyumna is a Course Author, Instructional Designer, and Innovator at EBC Learning. He is also the Chief Academic Consultant at Mahatma Gandhi Centre for Peace Studies, O.P. Jindal Global University. He was formerly an Assistant Professor at Jindal Global Law School.
Presented by Bijetri Roy
Managing Director, Ins-PIRE
Bijetri Roy is an Instructional Designer at EBC Learning. She holds a master's degree in Public International Law from the Queen Mary University of London and is pursuing her PhD in Food Security and WTO from UPES, Dehradun. She has previously worked as a law lecturer at a law school in Delhi NCR. Prior to entering the field of teaching and research, she worked as a Legal and Marketing officer in the banking sector, before which she worked as a banking and finance lawyer at a boutique law firm, Orbit Law Services, Mumbai. Apart from her regular jobs, she has been actively involved in social service and was a pro-bono researcher in the areas of domestic violence and rape with Majlis Legal Centre under India’s renowned feminist advocate, Flavia Agnes. Bijetri has also trained law students at a well known private law school in Mumbai for moot courts, public speaking and legal research methodology.
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