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AUE1601 - Legal Aspects In Accountancy Semesters 1 and 2 Assignments March 2021.

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AUE1601 - Legal Aspects In Accountancy Semesters 1 and 2 Assignments March 2021. QUESTION 1 30 marks REQUIRED Select for each question only ONE alternative that you consider to be the most correct and then mark on myUnisa or on the mark-reading sheet the digit that corresponds to the digit of the alternative which you have selected as your answer. Answer the sub-sections of this question in numerical sequence, for example, as follows: 1. 1 2. 3 (1½ marks per question) 1. Which one of the following statements is false regarding pre-incorporation contracts? (Topic 1) 1 If the company in whose name the pre-incorporation contract has been entered is not subsequently incorporated, the company will remain liable for any liabilities as a result of the pre-incorporation contract. 2 If within three months the board has neither ratified nor rejected the contract, the contract will be deemed ratified. 3 Pre-incorporation contracts must be in writing. 4 If the pre-incorporation contract is ratified, it will be enforceable against the company as if the company was a party to the contract. 2. Which one of the following duties listed below is not the duty of the Company Secretary? (Topic 5) 1 Make directors aware of any relevant law. 2 Ensure that minutes of all meetings (shareholders, directors, board committees and audit committee) are recorded properly 3 Provide directors with guidance with regard to their duties, responsibilities and powers. AUE1601/101/3/2021 17 4 Makes submissions to the board on any matter concerning accounting policies, financial control, records, and reporting of the company. 3. Which one of the following statements regarding voting at shareholders’ meetings is false in terms of the Companies Act? (Topic 3) 1 If there is only one class of shares, those shares must have voting rights in respect of all voting matters. 2 Every share has associated with it one general voting right, subject to the provisions of the Companies Act or the memorandum of incorporation. 3 If there is more than one class of shares, the memorandum of incorporation must provide that all classes must have voting rights in respect of all voting matters. 4 Subject to any other law, the memorandum of incorporation may establish any particular class of shares, that is, rights that confer special, conditional or limited voting rights. 4. Albert Einstein entered into a written rental agreement to rent a building in Johannesburg in the name of Science Limited. The company Science Limited does not exist yet; however, it is envisaged that it will be incorporated in terms of the Companies Act 71 of 2008. Which one of the following statements is false? (Topic 1) 1 Albert Einstein is not liable for the rental agreement if Science Limited is never incorporated. 2 Albert Einstein is liable for the rental agreement if Science Limited is incorporated and the board of directors of Science Limited rejects the rental agreement. 3 Albert Einstein is not liable for the rental agreement if Science Limited, after its incorporation, enters into a rental agreement on the same terms as the rental agreement that Albert Einstein has entered into. 4 If within three months after the date on which Science Limited was incorporated, the board has not rejected the rental agreement, Science Limited will be regarded to have ratified the rental agreement and the liability of Albert Einstein regarding the rental agreement will be discharged. 5. Indicate which one of the following lists of factors that contribute to the calculation of the public interest score of a company, is correct: (Topic 2) 1 Assets; turnover; beneficial interest holders (e.g. shareholders); liabilities. 2 Assets; turnover; beneficial interest holders (e.g. shareholders); average number of employees; number of audit committee members. 3 Turnover; beneficial interest holders (e.g. shareholders); average number of employees; third-party liabilities. 4 Assets held in fiduciary capacity; turnover; beneficial interest holders (e.g. shareholders); average number of employees; third-party liabilities. 18 6. Mr Challa is of the opinion that Mr Parker has been derelict in his duties as a director and has therefore initiated to have him removed at the next shareholders’ meeting. Which one of the following statements is false in terms of the Companies Act 71 of 2008? (Topic 4) 1 Mr Parker should receive a notice of the shareholders’ meeting where he will be removed as a director. 2 Mr Parker should receive a copy of the resolution to remove him as a director. 3 Mr Parker should be allocated time on the agenda to allow him a reasonable opportunity to make a presentation (in person or through a representative) to the meeting before the voting will take place. 4 Mr Parker can be part of the meeting and can take part in the vote on his removal as a director. 7. Which one of the following situations might constitute reckless trading in terms of section 22 of the Companies Act? (Topic 1) 1 Aviation Ltd is factually insolvent. The company, however, entered into a lease agreement for a very expensive fleet of company vehicles for its directors. 2 Aviation Ltd is factually insolvent. Three of its four directors subsequently embarked on an extensive overseas trip as part of their annual bonuses. 3 Aviation Ltd is factually insolvent. The directors of the company subsequently decided to take out a rather large loan from FBN Bank, in order to try and salvage Aviation Ltd financial position. 4 All of the above situations might constitute reckless trading. 8. The following extract is from Cooking Limited’s annual financial statements on 28 February 2021: 2021 R ASSETS Total non-current assets 3 000 000 Total current assets 4 500 000 7 500 000 LIABILITIES Total non-current liabilities 6 000 000 Total current liabilities 5 000 000 Which one of the following statements is true in terms of the Companies Act 71 of 2008, as amended? (Topic 1) 1 It appears that Cooking Limited will be able to pay its debts as they become due in the ordinary course of business for a period of 12 months. 2 The assets of Cooking Limited fairly valued equal or exceed the liabilities of Cooking Limited fairly valued. AUE1601/101/3/2021 19 3 Cooking Limited satisfies the solvency and liquidity test. 4 None of these statements is true.

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AUE1601/101/3/2021




Tutorial Letter 101/3/2021

Legal Aspects in Accountancy
AUE1601

Semesters 1 and 2


Department of Auditing


This tutorial letter contains important information
about your module.




BARCODE

, CONTENTS


Page

1 INTRODUCTION .......................................................................................................................... 4
1.1 Getting started .............................................................................................................................. 4
2 PURPOSE AND OUTCOMES ...................................................................................................... 5
2.1 Purpose ........................................................................................................................................ 5
2.2 Outcomes ..................................................................................................................................... 5
3 LECTURER(S) AND CONTACT DETAILS................................................................................... 6
3.1 Lecturer(s) .................................................................................................................................... 6
3.2 Department ................................................................................................................................... 6
3.3 College ......................................................................................................................................... 6
3.4 University ...................................................................................................................................... 7
4 RESOURCES ............................................................................................................................... 9
4.1 Joining myUnisa ........................................................................................................................... 9
4.2 Other resources – printed support material ................................................................................... 9
4.3 Prescribed book(s) ........................................................................................................................ 9
4.4 Recommended book(s) ............................................................................................................... 10
4.5 Library services and resources ................................................................................................... 10
5 STUDENT SUPPORT SERVICES .............................................................................................. 11
6 STUDY PLAN ............................................................................................................................. 11
6.1 What does it mean to study a blended module?.......................................................................... 11
6.2 myUnisa tools ............................................................................................................................. 11
7 ASSESSMENT ........................................................................................................................... 11
7.1 Assessment criteria..................................................................................................................... 11
7.2 Assessment plan ........................................................................................................................ 11
7.3 Assignment numbers .................................................................................................................. 14
7.3.1 General assignment numbers ..................................................................................................... 14
7.3.2 Unique assignment numbers ...................................................................................................... 14
7.4 Assignment due dates .............................................................................................................. 14
7.5 Submission of assignments ........................................................................................................ 14
7.6 The assignments ........................................................................................................................ 15
7.6.1 Semester 1: Assignment 01 ...................................................................................................... 15
7.6.2 Semester 1: Assignment 02 ...................................................................................................... 23
7.6.3 Semester 2: Assignment 01 ...................................................................................................... 29
2

, AUE1601/101/3/2021

7.6.4 Semester 2: Assignment 02 ...................................................................................................... 36
7.7 Other assessment methods ........................................................................................................ 41
7.8 The examination ......................................................................................................................... 45
8 IN CLOSING ............................................................................................................................... 46




3

, Dear Student
As part of this tutorial letter, we wish to inform you that Unisa has implemented a transformation
charter based on five pillars and eight dimensions. In response to this charter, we have also
placed curriculum transformation high on the agenda. For your information, curriculum
transformation includes the following pillars: student-centred scholarship, the pedagogical
renewal of teaching and assessment practices, the scholarship of teaching and learning, and
the infusion of African epistemologies and philosophies. These pillars and their principles will be
integrated at both the programme and module levels, as a phased-in approach. You will notice
the implementation thereof in your modules, and we encourage you to fully embrace these
changes during your studies at Unisa.


1 INTRODUCTION
It gives us great pleasure to welcome you as an AUE1601 student in the Department of
Auditing. We, as lecturers, are at your disposal and will gladly assist you in your studies. Be
assured of our willingness to support you with advice during your studies. Because this is a
blended module, you will need to use myUnisa to study and complete the learning activities for
this module. Visit the website for AUE1601 on myUnisa frequently. The website for your module
is AUE1601-21-S1/S2.

1.1 Getting started

Owing to the nature of this module, you can read about the module and find your study material
online. Go to the website at https://my.unisa.ac.za and log in using your student number and
password. You will see AUE1601-21-S1/S2 in the row of modules displayed in the orange
blocks at the top of the webpage. Select the More tab if you cannot find the module you require
in the blocks displayed. Then click on the module you want to open. You will receive this tutorial
letter and a printed copy of some of the online study material for your module. While the printed
material may appear different from the online study material, they contain the same information.

Study material

You will be supplied with the following tutorial material for this module by the Despatch
Department:

• Study guide (also available online through the learning units on myUnisa) and

• Tutorial Letters (Note that based on a Unisa decision, for this module some tutorial letters
of less than 20 pages, are only available online on myUnisa under additional resources)


PLEASE NOTE: The study guide and tutorial letters of this module are VERY IMPORTANT
and you cannot expect to pass this module if you did not work through each of them.



To contact the Department of Despatch regarding tutorial material that you have not received,
but should have, use the contact detail indicated in the booklet entitled Study @ Unisa (which
you received with your tutorial material).

You may access the tutorial letters for the modules for which you are registered on the
University’s online campus, myUnisa, at http://my.unisa.ac.za. You can also use myUnisa to
4

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