2437.15 - Finance Law
Bachelor degree or equivalent with adequate component of law
To give insight into legislation and legal principles governing financing of companies, borrowing, bankruptcy law etc. The course will also cover questions of tax law and company law related to funding of companies. The course also gives insight into various ways of financing companies, and their respective advantages and disadvantages.
The course starts of with a description of basic principles in company law, including which type of companies are most relevant. The course then goes through different challenges companies face in relation to financing production, trade and services. Then the most common financing models for contracts are examined. As financing of companies often is based on security in claims, factoring and financing via business groups are analysed. The course also will go over mortgage in real property and pledge of chattels. The course will then go over Leasing, as a widespread mode of financing. After basic modes of financing, the course will go through the law of credits. At the end the course will go through the law of insolvency, conditions for bankruptcy proceedings and the legal position of secured claims in a bankruptcy situation.
Learning and teaching approaches
36 hours. The main classes will consist of presentations from teacher and exercises in addition to evt. student presentations.
The students shall be able to: - Explain the most common ways of financing and the advantage and disadvantage respectively of these, due to different backgrounds and situations. - Analyse legal conflicts related to different ways of financing, particularly in relation to third parties. - Account for the legal development in area of the law of finance, fx by comparing rules of factoring to mortgage in companies and financing via business groups. - Describe complex and challenging legal questions in relation to conflicts in terms of property law and the law of finance. - Based upon existent case law, make prospective analysis of yet unresolved issues within the law of finance. - Describe legal solutions in a coherent and systematic way suitable to demonstrate a breadth of view over crucial issues within the law of finance, property law etc. - Present and formulate knowledge and arguments in the law of finance correctly and succinctly in eloquent and correct written as well as oral language.
External examiners (together with teachers) Oral exam. Preparing for the oral exam the student will have half an hour and will be allowed to bring all the course material and other materials from the classes. The exam question will be on particular subjects raised in the course material.
Required reading is about 500 pages from this material: Erik Werlauff og Lennart Lynge Andersen, Kreditretten, 6. ed., KarnovGroup, 2014, chap. 1-5, chap. 6. pkt. 4. and chap. 7. pkt. 1., 2. og 9. Noe Munck, Lars Hedegaard Krisensen og Jørgen Nørgaard, Selskabsformerne – lærebog i selskabsret, 3. ed., Jurist- og Økonomiforbundets Forlag 1997, chap. 1. Konkursloven, Karnov with commentaries to § 17, § 18, § 20, §§ 85-88 og § 91. Peter Mortensen, Virksomhedspant og fordringspant – en kort oversigt til studiebrug, 1. ed., 2005, 30 p.