COMPANY LAW
LML4806
ASSIGNMENT 2
SEMESTER 1 2023
QUESTION 1
1.1 With reference to the Companies Act 71 of 2008 and relevant case
law, discuss whether the board of directors may commence business
rescue proceedings (assuming that Mahlangu Roadworks (Pty) Ltd is
financially distressed) after liquidation proceedings have been initiated
against Mahlangu Roadworks (Pty) Ltd. Discuss further whether
Mahlangu Roadworks (Pty) Ltd may be placed under business rescue by
any other party after a liquidation application has already been instituted
against the company as well as after a liquidation order has been issued
against the company.
LML4806
ASSIGNMENT 2
SEMESTER 1 2023
QUESTION 1
1.1 With reference to the Companies Act 71 of 2008 and relevant case
law, discuss whether the board of directors may commence business
rescue proceedings (assuming that Mahlangu Roadworks (Pty) Ltd is
financially distressed) after liquidation proceedings have been initiated
against Mahlangu Roadworks (Pty) Ltd. Discuss further whether
Mahlangu Roadworks (Pty) Ltd may be placed under business rescue by
any other party after a liquidation application has already been instituted
against the company as well as after a liquidation order has been issued
against the company.