Question:
Discuss about the Methodology of Interpretative Phenomenological Analysis.
Corporation law is directly associated with the corporate entities, and it takes into consideration the most significant aspects such as incorporation, type of shares, shareholders agreement, etc (Strine Jr & Walter 2014). Apart from this, the commercial law is linked with the interaction between the firm and the third party that involves license agreement, terms, and condition, reseller agreement, etc (Finch & Milman 2017). It provides the framework in which the business activities are being carried out. Certain rules and regulations are present that are associated with the corporate and commercial law, and it directly supports in knowing how the actions of the entities touch the lives of the individual (Nanda, Wilkins & Fong 2017).
The present proposal will be based on different cases where the first one is associated with nonpayment of the dividend amount to the shareholders. Considering the corporation act where shareholders have right to obtain the dividend amount as per the section 254W. In the second scenario, FWPL Mario and Nick Gallio want to invest in the shares of the company through buyback process. So, in this processing company will offer shareholders to purchase the shares and after that same shares are offered to the corporation. In this third scenario if FWPL wants to get rid of the class shares by way of a reduction of capital then they must follow the corporation at the section 256B of corporation act.
So, these will be main objectives of the present research on the basis of which the research will be undertaken.
So, these will be the main research questions on the basis of which the entire research will be carried out. Selection of right research questions is necessary in every research as it provides direction to the entire study in every possible manner.
It is regarded as the plan and procedure that takes into consideration various steps from the broad assumption to the detailed method of data collection, interpretation, and analysis. Selection of any type of approach relies on the nature of the study and in turn allows accomplishing the key objectives linked with the research. Two types of approaches are present that are undertaken in the research, and they are inductive and deductive (Flick 2015). In the inductive approach, results move from specific to general and in the deductive approach results move from general to specific.
Both the approaches are different from each other (Taylor, Bogdan & DeVault 2015). In the present study deductive approach will be undertaken where the entire research will be carried out in general form on the basis of commercial and corporate law basis. Further, various cases will be analyzed such as the process of share buyback, legal actions that shareholders can take if the company does not pay the dividend, etc (Kraakman et al. 2017). Through the selection of this approach all these areas will be undertaken that will allow in accomplishing the key objectives that will be associated with the research. It will lead to in-depth analysis and the results obtained will be applicable to specific companies or industries.
In every type of research, it is necessary to select appropriate sample size so that adequate amount of data can be collected for accomplishing the aim and objectives of the study. It is the ultimate responsibility of the researcher to select the respondents in the study that can provide reliable and authentic information (Mackey & Gass 2015). The present study will be based on analysis of various corporation and commercial law cases. For conducting the study, 10 lawyers who are associated with the field of commercial law will be selected so that right amount of information can be obtained easily. Further, they will assist in knowing how different cases associated with the company law can be resolved easily and in the proper manner. Apart from this, different sampling techniques are present that are undertaken in the study, and it involves random, purposive, etc (Panneerselvam 2014). In the present research, purposive sampling technique will be adopted where lawyers who are aware of commercial law will be approached by utilizing the purposive technique where the main focus is on knowing the main purpose of conducting the research.
Quantitative research is present in the numeric form where statistical tools and techniques are employed for conducting the research, and in turn, it leads to favorable results. On the other hand, qualitative research is in the non-numeric form where the statistical tools are not formed (Roberts 2013). It has less emphasis on analytical technique with the motive to interpret data. On the other hand, in quantitative technique main stress is on understanding the relationship between the variables. The present that will be conducted will be qualitative where secondary sources of data collection will be undertaken and through this entire research will be carried.
Selection of right tools in every research is most significant as it allows in answering all the research questions easily. Exploratory as one of the design will be undertaken where main stress will be on exploring new ideas that will be associated with the research (Salaberry & Comajoan 2013). Through this case, the analysis will be carried out properly, and this will bring favorable results for the business. The research will be qualitative where non-numeric data is no use, and less emphasis is on analytical technique to interpret the data. Apart from this, it allows in the detailed reading of the secondary data to derive themes, models, etc. Further, data will be collected from the lawyers who have expertise in the field of commercial and corporate law. So, selection of all these tools will directly assist in accomplishing the main objectives associated with the study, and it will surely lead to reliable results that suit with the requirement of the research.
Selection of appropriate analysis method is necessary, and it is mandatory for the researcher to select proper method of analysis. Two techniques of data analysis are present that are employed in the research, and it involves qualitative and quantitative (Silverman 2016). In the quantitative technique, statistical tools are employed for analyzing information, and it leads to favorable results. On the other hand, in the qualitative method, no statistical tools are undertaken for analyzing the information.
In the present research different cases that are associated with the commercial and corporate law will be analyzed with the help of qualitative method where no statistical tool will be undertaken for analyzing the information. The reason behind adopting qualitative method is that the data in the present research will be present in nonnumeric form and due to this reason qualitative approach will be most appropriate for the study (Tarone, Gass & Cohen 2013). It will surely allow in accomplishing the aim and objectives of the study, and in turn, reliable results will be obtained.
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Activity |
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Week 2 |
Week 3 |
Week 4 |
Week 5 |
Week 6 |
Week 7 |
Week 8 |
Week 9 |
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Writing Research Proposal |
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Reading various literature |
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Finalizing the aims and objectives |
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Draft literature review |
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Collect secondary data |
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Analyze secondary data |
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Develop research approach |
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Draft research methodology |
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Develop questionnaire |
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Arrange the interview |
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Conduct the interview |
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Accumulate the data |
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Draft Findings |
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Analyze data |
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Complete remaining chapters |
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Submit it to tutor and await for feedback |
From the entire study, different cases will be analyzed that are linked with the corporate and commercial law. Further, it will be known what actions are taken against the directors of the company for nonpayment of the dividend. Along with this, what remedy is available to Galli grandchildren where the dividend is not paid to them. Further, the share buyback process will be analyzed along with this it will be known whether it will be beneficial for Nick Galli and FWPL Mario to purchase the shares. Moreover, the reduction of the capital process will be analyzed by considering the different type of provisions such as section 256B, 256C, etc.
Reference
Finch, V & Milman, D 2017, Corporate insolvency law: perspectives and principles, Cambridge University Press, United Kingdom.
Flick, U 2015, Introducing research methodology: A beginner’s guide to doing a research project., Sage, United Kingdom.
Kraakman, R, Hansmann, H, Hertig, G, Kanda, H & Pargendler, M 2017, The anatomy of corporate law: a comparative and functional approach, Oxford University Press, United Kingdom.
Mackey, A & Gass, S 2015, Second language research: Methodology and design, Routledge, Abingdon.
Nanda, A, Wilkins, DB & Fong, B 2017, ‘Mapping India’s Corporate Law Firm Sector’, The Indian Legal Profession in the Age of Globalization, p. 69.
Panneerselvam, R 2014, Research methodology, PHI Learning Pvt. Ltd, Delhi.
Roberts, T 2013, ‘ Understanding the research methodology of interpretative phenomenological analysis’, British Journal of Midwifery, vol 21, no. 3.
Salaberry, MR & Comajoan, L 2013, Research design and methodology in studies on L2 tense and aspect (Vol. 2)., Walter de Gruyter, Berlin.
Silverman, D 2016, Qualitative research, Sage, United Kingdom.
Strine Jr, LE & Walter, N 2014, ‘ Conservative Collision Course: The Tension between Conservative Corporate Law Theory and Citizens United’, Cornell L. Rev, vol 100, p. 335.
Tarone, EE, Gass, SM & Cohen, AD 2013, Research methodology in second-language acquisition, Routledge, Abingdon.
Taylor, SJ, Bogdan, R & DeVault, M 2015, Introduction to qualitative research methods: A guidebook and resource, John Wiley & Sons., New Jersey.
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