Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: September 2025
QUESTION 1
1.1. (2 ANSWERS PROVIDED)
A partnership and a company are two very different business forms in South African law,
particularly in relation to their legal personality, formation, liability, continuity, and ownership
of assets. A company is a separate legal or juristic person that comes into existence through
incorporation in terms of the Companies Act. This means it has its own rights and duties,
can own property in its own name, and can sue or be sued without involving its shareholders
personally. Shareholders in a company are not personally liable for the debts of the
company, as they enjoy the protection of limited liability. The assets of a company belong
exclusively to the company, and shareholders have no direct proprietary rights in them.
Profits made by the company belong to the company itself and can only be distributed to
shareholders once a dividend has been declared. A change in the membership of a
company does not affect its existence, so it can continue operating indefinitely regardless of
changes in ownership.
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