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Unit of study_

LAWS6352: Mergers and Acquisitions in Asia

Intensive June, 2023 [Block mode] - Camperdown/Darlington, Sydney

The unit will begin with an evaluation of the business rationale for Mergers and Acquisitions (MA) and a discussion of the various types of transactions and related terminology. After a brief discussion of the evolution of the regulation of MA in the Western context, it will delve into various forms of MA in leading Asian jurisdictions, and the manner in which they are regulated. The unit will involve a strong comparative element that compares MA in Asia with that in other jurisdictions, as well as specific factors among various Asian jurisdictions. While it will engage an analysis of the legal systems in several Asian jurisdictions, greater emphasis will be placed on policy as well as practice. Transaction structures analyzed include business and asset sales and amalgamations, with a significant focus on the regulation of takeovers. While corporate and securities law issues form the thrust, incidental reference will be made to accounting, tax and competition law considerations. Finally, the transactional perspective will consider various structuring matters, planning aspects, transaction costs and impact on various stakeholders. The is one of our international visiting faculty, Umakanth Varottil, who is Associate Professor at the National University of Singapore.

Unit details and rules

Unit code LAWS6352
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Jason Harris, jason.harris@sydney.edu.au
Type Description Weight Due Length
Presentation Structured Class Participation
Answer and ask questions relating to the reading materials for that class
20% Ongoing Equivalent to 2000 words
Outcomes assessed: LO1 LO3 LO2
Assignment Short Release Assignment
Answer a hypothetical problem from 2 jurisdictional perspectives
80% Week 01
Due date: 23 May 2023 at 12:00

Closing date: 30 May 2023
6000 words (including footnotes)/75 hour
Outcomes assessed: LO1 LO2 LO3

Assessment summary

Structured Class Participation (20%):  Students will be on-call for one session during the unit (to be allocated by the unit coordinator). Students, who are on-call, can be asked questions about any aspect of the required readings for that class (as set out in the Reading Guide on Canvas). Students who are unable to attend their on-call session must notify the unit coordinator and seek special consideration which, if approved, will result in a re-allocation of their on-call session. A failure to attend the on-call session without subsequently receiving special consideration may result in an Absent Fail grade for the unit.

This assessment item

  • will satisfy Learning Outcome 1 (LO1) by requiring students to demonstrate a detailed understanding of the various concepts, theories and doctrines applicable in the area of M&A.
  • will satisfy Learning Outcome 2 (LO2) by requiring students to analyse the various concepts, theories and doctrines applicable in the area of M&A with reference to several leading Asian jurisdictions.
  • will satisfy Learning Outcome 3 (LO3) by requiring students to demonstrate an appreciation of the comparative elements of M&A in an increasingly globalized world replete with cross-border transactions, with a specific focus on Asia. 

 

Short Release Assignment (80%) 6000 words including footnotes: Students will review a hypothetical scenario and be asked to advise the parties on their legal rights and obligations based on the law of two jurisdictions discussed in the unit. The assignment question will be released on Saturday 9am 20 May 2023, and due Tuesday 23 May 2023, 12pm (all Sydney times). If special consideration is granted, the student will be given an extension of not more than 1 week or will be given alternative assessment at the discretion of the lecturer.

This assessment item

  • will satisfy Learning Outcome 1 (LO1) by requiring students to demonstrate a detailed understanding of the various concepts, theories and doctrines applicable in the area of M&A.
  • will satisfy Learning Outcome 2 (LO2) by requiring students to analyse the various concepts, theories and doctrines applicable in the area of M&A with reference to several leading Asian jurisdictions.
  • will satisfy Learning Outcome 3 (LO3) by requiring students to demonstrate an appreciation of the comparative elements of M&A in an increasingly globalized world replete with cross-border transactions, with a specific focus on Asia.

Note: Students must retain pre-submitted drafts of their assessments on file.  

 

Word Limit Penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

Assessment requirement to pass a unit of study:  A student must make a genuine attempt at all assessment tasks set out for this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

• Completely answers the question.
• Contains striking originality of approach or analysis.
• Demonstrates exhaustive or innovative research (where independent research
required).
• Exceptionally well written, structured and expressed.
• Is otherwise exceptional in some way.

Distinction

75 - 84

• Completely answers the question.
• Achieves a critical and evaluative approach to the issues.
• Content and structure is well organised in support of the argument.
• Demonstrates extensive research and analysis to support a well-documented
argument.
• Generally well expressed and free from errors.
• Has a clear structure and is well articulated.

Credit

65 - 74

• Covers main issues fairly well in answering the question.
• Contains no significant errors
• Demonstrates an attempted critical approach to the issues.
• Demonstrates reasonably sound research and analysis in addressing the key issues.
• Has a clear structure and reasonably clear expression.

Pass

50 - 64

• Identifies the key issues, but does not follow through with a reasoned argument.
• Contains some significant errors.
• Displays satisfactory engagement with the key issues.
• Offers descriptive summary of material relevant to the question.
• Superficial use of material, and may display a tendency to paraphrase.
• Demonstrates little evidence of in-depth research or analysis.
• Adequate expression.
• Overall, demonstrates the minimum level of competence in the assessment and
satisfies the requirements to proceed to higher-level studies in the degree or subject
area.

Fail

0 - 49

• Does not answer the question.
• Contains significant or numerous errors.
• Few or no identifiable arguments.
• Content that is inappropriate or irrelevant.
• Lack of research or analysis.
• Difficult or impossible to understand through poor grammar, expression or
structure.
• Overall, does not demonstrate the minimum level of competence in the
assessment.

For more information see sydney.edu.au/students/guide-to-grades

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day. For example, a submission after 4pm but by 11:59pm on the due date for submission will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Ongoing 1. An introduction to M&A; M&A markets in Asia Seminar (3 hr) LO1 LO2 LO3
2. Comparative M&A Seminar (3 hr) LO1 LO2 LO3
3. India Seminar (3 hr) LO1 LO2 LO3
4. China Seminar (3 hr) LO1 LO2 LO3
5. Hong Kong and Singapore Seminar (3 hr) LO1 LO2 LO3
6. Korea Seminar (3 hr) LO1 LO2 LO3
7. Japan Seminar (3 hr) LO1 LO2 LO3
8. M&A deal-making in Asia; Impact on legal practice Seminar (3 hr) LO1 LO2 LO3

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment. For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

The reading list will be made available in Canvas.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. engage in a detailed understanding of various concepts, theories and doctrines applicable in the area of M&A
  • LO2. analyse these with reference to several leading Asian jurisdictions
  • LO3. appreciate the comparative elements of M&A in an increasingly globalized world replete with cross-border transactions, with a specific focus on Asia.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

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