LML4806
COMPANY LAW
PAST EXAM PACK QUESTIONS AND ANSWERS
(2020 – 2014)
2020 MAY/JUNE EXAM QUESTIONS AND ANSWERS
2020 SUMMARISED NOTES
DISCLAIMER: Extreme care has been used to create this document, however the contents are provided “as is” without any
representations or warranties, express or implied. This document is to be used for comparison, research and reference
purposes ONLY. Directly submitting and/or reselling/ distribution / reproduction any part of this document is not permitted.
, EXAMINATION PACK
COMPANY LAW
LML4806
SOLUTIONS FOR PAST EXAM PAPERS
1|P a ge
,TABLE OF CONTENTS
Q: PAPER(S)
MAY/JUN 2020
OCT/NOV 2019
MAY/JUNE 2019
OCT/NOV 2018
MAY/JUNE 2018
OCT/NOV 2017
2|P a ge
, LML4806 – COMPANY LAW
MAY/JUNE 2020
QUESTION 1
1.1. Section 61(8) states that the following matters must be discussed at an
annual general meeting:1
a. Presentation of director’s report, audited financial statements for
immediately preceding financial year and audited committee report
b. Election of directors to the extend required by the Act or the company’s
Memorandum of Incorporation
c. Appointment of auditor for ensuing financial year and appointment of
audit committee and
d. Any matters raised by shareholders, with or without advance notice to
the company.
1.2. In terms of s62 of the Companies Act a public company should issue a notice
of a meeting within 15 business days before date of meeting. Also provisions
of MOI may prescribe longer minimum notice. The notice must be in writing
and including date, time, place and the record date if set. It should include a
general purpose of the meeting.2
In instances where a company has failed to give notice or if there has been a
defect in giving of the notice, it may proceed if persons entitled to voting rights
in respect of any item on the meeting agenda is present at the meeting (in
person or proxy) and votes to approve the ratification of the defective notice. 3
If material defect relates only to one or more particular matters, any such
matter may be taken off the agenda and notice will remain valid for remaining
matters, shareholder who is present at a meeting is deemed to have received
or waived notice of the meeting.4
1
Companies Act 71 of 2008 section 61(8).
2
Companies Act 71 of 2008 section 62(8).
3
Cassim HI The law of Business Structures (JUTA 2012).
4
Cassim HI The law of Business Structures (JUTA 2012).
3|P a ge
COMPANY LAW
PAST EXAM PACK QUESTIONS AND ANSWERS
(2020 – 2014)
2020 MAY/JUNE EXAM QUESTIONS AND ANSWERS
2020 SUMMARISED NOTES
DISCLAIMER: Extreme care has been used to create this document, however the contents are provided “as is” without any
representations or warranties, express or implied. This document is to be used for comparison, research and reference
purposes ONLY. Directly submitting and/or reselling/ distribution / reproduction any part of this document is not permitted.
, EXAMINATION PACK
COMPANY LAW
LML4806
SOLUTIONS FOR PAST EXAM PAPERS
1|P a ge
,TABLE OF CONTENTS
Q: PAPER(S)
MAY/JUN 2020
OCT/NOV 2019
MAY/JUNE 2019
OCT/NOV 2018
MAY/JUNE 2018
OCT/NOV 2017
2|P a ge
, LML4806 – COMPANY LAW
MAY/JUNE 2020
QUESTION 1
1.1. Section 61(8) states that the following matters must be discussed at an
annual general meeting:1
a. Presentation of director’s report, audited financial statements for
immediately preceding financial year and audited committee report
b. Election of directors to the extend required by the Act or the company’s
Memorandum of Incorporation
c. Appointment of auditor for ensuing financial year and appointment of
audit committee and
d. Any matters raised by shareholders, with or without advance notice to
the company.
1.2. In terms of s62 of the Companies Act a public company should issue a notice
of a meeting within 15 business days before date of meeting. Also provisions
of MOI may prescribe longer minimum notice. The notice must be in writing
and including date, time, place and the record date if set. It should include a
general purpose of the meeting.2
In instances where a company has failed to give notice or if there has been a
defect in giving of the notice, it may proceed if persons entitled to voting rights
in respect of any item on the meeting agenda is present at the meeting (in
person or proxy) and votes to approve the ratification of the defective notice. 3
If material defect relates only to one or more particular matters, any such
matter may be taken off the agenda and notice will remain valid for remaining
matters, shareholder who is present at a meeting is deemed to have received
or waived notice of the meeting.4
1
Companies Act 71 of 2008 section 61(8).
2
Companies Act 71 of 2008 section 62(8).
3
Cassim HI The law of Business Structures (JUTA 2012).
4
Cassim HI The law of Business Structures (JUTA 2012).
3|P a ge
