Elements and Performance Criteria

RANGE STATEMENT
The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.
Legislation includes that relating to:
area of law
Australian Taxation Office regulations
client and firm
relevant federal corporation law
relevant state and territory corporation law
schedules of fees and duties payable
taxation and banking requirements
tort, equity and statute law
trust accounts.
Different types of business structures and business arrangements include:
association
company limited by guarantee
company limited by shares
company limited by shares and guarantee
franchise
holding company
no-liability company
partnerships, including joint ventures, formal and informal
registrable Australian corporation
shelf company
subsidiary company
trusts, including express, discretionary and bare
unlimited company.
Consequences of incorporation relate to:
formalities, publicity and expense
limited liability
perpetual succession
property
separate legal entity
suing and being sued
transfer of shares.
Specified activities within corporation law relate to:
annual general meeting
auditing
cessation of business
class meeting
extraordinary general meeting
liquidation
statutory meeting
take-overs
winding up.
Forms involved in incorporation may include:
application for:
registration as a company
registration of a business name
reservation of a name
notice of resolution
notification of:
allotment of shares
consenting directors
initial appointment of office holders
statement of change in certain particulars, such as persons in relation to whom the business name is registered.
Designated person may include:
legal practitioner
practice manager
supervisor.
Appropriate parties involved in the incorporation of a company include:
company secretary
director
manager
shareholder
subscriber
witness.
Search documents may include:
certificate of incorporation
certificate of title.
Relevant agencies include:
Australian Securities and Investments Commission to confirm company details and prior charges
land titles office to check if borrower's property is subject to any outstanding dealings, charges and/or mortgages.
Forms and documents related to the administration of charges include:
charge document, which an organisation may have in its precedent bank
equitable charge document
mortgage document
notification of details of change
notification of discharge or release of property from a charge
prior charge documents
priority agreement with previous mortgagees or chargees
prospectus
stamp duty compliance form.
Appropriate parties involved in arranging charges include:
borrower's solicitor
company secretary
director
lender
lender's solicitor
manager
previous mortgagee or chargee
previous mortgagee or chargee's solicitor
shareholder
subscriber
witness.

EVIDENCE GUIDE
The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the ability to:
prepare and lodge appropriate and accurate information and documents at the required stages of the legal process
conduct all duties within accepted codes of conduct, including those relating to maintaining confidentiality, use of company property, duty of care, ethical behaviours, privacy, non-discriminatory practice, conflict of interest and compliance with reasonable direction
apply knowledge of relevant court processes, current legislation, legal processes and required documentation.

Context of and specific resources for assessment
Assessment must ensure access to:
an actual workplace or simulated environment
appropriate legislation and regulations relevant to corporation law matters
workplace manuals and reference materials, such as company policies, procedural manuals, checklists and sample forms
background information on courts, their jurisdiction and behavioural requirements
appropriate technology, such as computers with relevant software
appropriate texts and people with expert knowledge, such as legal practitioners
appropriate legislation and regulations relevant to common legal matters.

Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:
analysis of responses to case studies and scenarios
direct questioning combined with review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate
observation of role plays
review of documentation outlining the legal obligations, criteria and purpose of proprietary companies, public companies and franchises
review of forms, documents and annexures prepared for appropriate parties for review and sign-off
oral or written questioning to assess knowledge of legal terminology and practice specific to corporation law.

Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.