MGT608 Business Law and International Contexts
Doing business in another country will require an Australian company to ensure it complies with any relevant domestic laws in place in that country. In some cases, it may be difficult, to determine what the applicable law is i.e. a conflict a law may arise.
It will be necessary for the company to select a suitable business structure in order to conduct its business operations. This assessment builds on Assessments 1 and 2 where students chose a country and researched the legal system and contract law. This assessment allows students to consider the most appropriate business structure for doing business in the chosen country and to consider the relevant employment and intellectual property laws that must be complied with. Relevant international treaties will also need to be considered.
Successful completion of this assessment will require students to work in a group of two (2) or more to reflect upon and justify a decision to their company’s Board of Directors, whether to proceed with business operations in the chosen country or not.
Your learning facilitator will allocate you to a group and advise you of the students you are working with. Your group will consist of students who have all researched the same chosen country.
Your group will prepare a 5-minute presentation for the Board of Directors regarding one (1) of the business opportunities identified by students in Assessment 2. You must decide as a group what business opportunity you are going to focus on.
Your presentation must be no more than five (5) minutes in length and all members of the group must be included in the presentation. Your groups Board Paper presentation must cover the following:
• State the chosen country
• Explain briefly the nature of business of the company and the business opportunity
• Describe and explain the business structure that would be most suitable to conduct the relevant business in the chosen country
• Identify and explain any treaties or international conventions that are relevant to doing business in the chosen country
• Identify any intellectual property that requires protection and analyse the options for best protecting this property in the chosen country
• Explain how the company will resource this business opportunity, in terms of labour, including an analysis of the labour laws and the industrial relations system operating in the chosen country.
• identify any potential for conflict of laws arising from the business opportunity and an explanation of the nature of such conflict and how such a conflict may be resolved
• identify and discuss any potential difficulties that may arise in relation to doing business in the chosen country
• provide a recommendation, together with justifications as to whether the company should proceed with the business opportunity.
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