,FBE2604 Assignment 1 (COMPLETE ANSWERS)
Semester 1 2025 - DUE March 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCELLENCE
Question: 1 Sebo, Tiyani and Tshepo want to start a partnership
with the aim of selling African cuisine. Sebo intends to
contribute R15 000.00 on condition that should the partnership
fail, Tiyani and Tshepo will reimburse her. Tiyani intends to
contribute his expertise as a qualified chef. Tshepo intends to
contribute the use of his cooking equipment. They come to you
for advice on whether a partnership agreement will be valid
based on what each of them wants to contribute. Advise them
fully. (In your advice, define a partnership, deal with each
contribution and conclude.) LSB2605 Read Bargaining Council
for the Furniture Manufacturing Industry KZN and UKD
Marketing CC & others (embedded for your convenience) and
answer the following questions. Refer to the relevant paragraph
of the judgment in your answer. Bargaining Council for the
Furniture Manufacturing Industry, KwaZulu –Natal v UKD
Marketing CC and others (2013) 34 ILJ 96 (LAC).pdf 1.1.1 Who
is/are the presiding officer/s in this matter? (1) 1.1.2 In what
year was this case decided? (1) 1.1.3 What kind of enterprise is
the first respondent in this matter? (1) 1.1.4 This is an
employment law case. What is the importance of this matter in
so far as entrepreneurial (corporate) law is concerned? (3) 1.1.5
, Did the court consider any section of legislation in making its
decision? (1) 1.1.6 Did the court apply any particular common
law principle in its dictum? (2) 1.1.7 What legislation would be
most appropriate to apply in this specific case, and why? (3)
1.1.8 What case/s did the court refer to in its dictum regarding
the pertinent corporate law issue? (1) 1.1.9 Name two more
recent cases to which the court could also have referred. (2)
(15) 1.2 Chad, a shareholder and director of Palm Tree (Pty) Ltd,
agrees to sell his shares in the company to Steve for R40 000. In
order to enable Steve to acquire the shares, Palm Tree (Pty) Ltd
agrees to purchase a second-hand car from Steve for the sum of
R40 000. Explain what test/s the court would use in order to
determine whether or not this transaction qualifies as financial
assistance. (5) 1.3 Mosa and Dineo, the only directors of a
financial services company, have been defrauding the company
by diverting the company’s profit to an offshore account
registered in Mosa’s name. As a result, the company is unable
to pay its debts. The creditors of the company come to you for
Page 4 of 6 advice on how they can hold Mosa and Dineo
personally liable for the company’s debts. Advise the creditors
accordingly with the help of the provisions of the Companies
Act 71 of 2008. (5) [25]
Question 1: Partnership Agreement
Definition of a Partnership
Semester 1 2025 - DUE March 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCELLENCE
Question: 1 Sebo, Tiyani and Tshepo want to start a partnership
with the aim of selling African cuisine. Sebo intends to
contribute R15 000.00 on condition that should the partnership
fail, Tiyani and Tshepo will reimburse her. Tiyani intends to
contribute his expertise as a qualified chef. Tshepo intends to
contribute the use of his cooking equipment. They come to you
for advice on whether a partnership agreement will be valid
based on what each of them wants to contribute. Advise them
fully. (In your advice, define a partnership, deal with each
contribution and conclude.) LSB2605 Read Bargaining Council
for the Furniture Manufacturing Industry KZN and UKD
Marketing CC & others (embedded for your convenience) and
answer the following questions. Refer to the relevant paragraph
of the judgment in your answer. Bargaining Council for the
Furniture Manufacturing Industry, KwaZulu –Natal v UKD
Marketing CC and others (2013) 34 ILJ 96 (LAC).pdf 1.1.1 Who
is/are the presiding officer/s in this matter? (1) 1.1.2 In what
year was this case decided? (1) 1.1.3 What kind of enterprise is
the first respondent in this matter? (1) 1.1.4 This is an
employment law case. What is the importance of this matter in
so far as entrepreneurial (corporate) law is concerned? (3) 1.1.5
, Did the court consider any section of legislation in making its
decision? (1) 1.1.6 Did the court apply any particular common
law principle in its dictum? (2) 1.1.7 What legislation would be
most appropriate to apply in this specific case, and why? (3)
1.1.8 What case/s did the court refer to in its dictum regarding
the pertinent corporate law issue? (1) 1.1.9 Name two more
recent cases to which the court could also have referred. (2)
(15) 1.2 Chad, a shareholder and director of Palm Tree (Pty) Ltd,
agrees to sell his shares in the company to Steve for R40 000. In
order to enable Steve to acquire the shares, Palm Tree (Pty) Ltd
agrees to purchase a second-hand car from Steve for the sum of
R40 000. Explain what test/s the court would use in order to
determine whether or not this transaction qualifies as financial
assistance. (5) 1.3 Mosa and Dineo, the only directors of a
financial services company, have been defrauding the company
by diverting the company’s profit to an offshore account
registered in Mosa’s name. As a result, the company is unable
to pay its debts. The creditors of the company come to you for
Page 4 of 6 advice on how they can hold Mosa and Dineo
personally liable for the company’s debts. Advise the creditors
accordingly with the help of the provisions of the Companies
Act 71 of 2008. (5) [25]
Question 1: Partnership Agreement
Definition of a Partnership