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MRL2601 Assignment 2 Semester 1 2026 - DUE 8 April 2026[COMPLETE ANSWERS ] ;100% TRUSTED SOLUTIONS

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MRL2601 Assignment 2 Semester 1 2026 - DUE 8 April 2026[COMPLETE ANSWERS ] Question 1 1.1 Mandla and Suzan want to incorporate a company called Uniq Ltd. Briefly explain the steps that would need to be taken in order to incorporate the company. (6) 1.2 While driving one afternoon, Suzan notices an office building that will be perfect for the company that they intend to register. She has heard that concluding a pre-incorporation contract may result in her being held personally liable if Uniq Ltd is not subsequently registered. List (do not discuss) the common law alternatives that she can consider instead of concluding a pre-incorporation contract in terms of section 21 of the Companies Act. (4) Question 2 Bapela, Babra and Maite decided to establish a close corporation. The close corporation specialises in the renovation of immovable property, offering a range of services that enhance and restore various types of real estate. Recognising the importance of clarity and structure in their professional relationship, Bapela, Babra, and Maite, who are all members of the close corporation, have decided to draft an association agreement, which details specific rules and regulations that govern their respective duties and responsibilities within the corporation. Part of the association agreement is that no member should be able to contract services outside their specialities. Bapela, while acting on behalf of the close corporation, concludes a contract with Tment Pty (Ltd) to sell cars which fall outside the scope of the close corporation. As a result, Bapela’s actions have affected the close corporation’s operations. With reference to the relevant provisions of the Close Corporations Act 69 of 1984 discuss whether the close corporation will be bound by the contract. Refer to relevant case law in your answer.

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, MRL2601 Assignment 2 Semester 1 2026 - Due Date 8 April 2026; 100
% correct solutions
QUESTION 1
1.1 Steps to incorporate Uniq Ltd (6)
To incorporate a company in terms of the Companies Act 71 of 2008,
Mandla and Suzan must take the following steps:
1. Reserve a company name (optional)
Apply to the CIPC to reserve the name Uniq Ltd, or use a registration
number as the interim name.
2. Prepare the Memorandum of Incorporation (MOI)
Draft an MOI that complies with the Act, setting out the company’s
rights, duties, and governance structure.
3. Complete and submit the Notice of Incorporation (CoR 14.1)
This document includes details of the incorporators, directors,
registered office, and share structure.
4. Submit incorporation documents to the CIPC
Lodge the MOI, Notice of Incorporation, and supporting documents
with the prescribed fee.
5. Appointment of directors
At least one director must be appointed for a private company.
6. Registration and issue of registration certificate
Once approved, the CIPC issues a registration certificate, and Uniq
Ltd comes into legal existence as a juristic person.


1.2 Common-law alternatives to a pre-incorporation contract (List
only) (4)
Instead of concluding a pre-incorporation contract under section 21, Suzan
may consider the following common-law alternatives:
1. Suspensive condition contract

Connected book
 image
Piet A. Delport New Entrepreneurial Law
Publisher: 2014 ISBN: 9780409118179 Edition: Unknown

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