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PREVIEW
Question 1
Mashudu and Peter are the only directors of Star Engineering (Pty) Ltd. Peter was appointed as an executive
director of Star Engineering (Pty) Ltd two years ago under a five-year contract of employment with the
company. Mashudu is concerned that for the past two financial years Peter has been failing to ensure the
timely preparation and submission of the company’s annual financial statements, and that Peter omitted to
sign the annual financial statements for the previous financial year as the authorised director, as required.
Mashudu approaches you for legal advice regarding the removal of a company director. Advise Mashudu on
the following matters:
DISTINCTION Footnotes and/or Bibliography
GUARANTEED!!! included. *
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations or warranties,
express or implied. This document is to be used for comparison, research, and reference purposes ONLY. No part of this document may be reproduced,
resold, or transmitted in any form or by any means without prior written permission from the Author. By making use of this document, you agree to fully
accept the consequences should you plagiarise or misuse this document. – STUDY BUDDY TUTOR SA
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITIONS.
Cell: 062 810 8624 Email:
, ASSIGNMENT 2
Question: 1
Mashudu and Peter are the only directors of Star Engineering (Pty) Ltd. Peter was appointed
as an executive director of Star Engineering (Pty) Ltd two years ago under a five-year contract
of employment with the company. Mashudu is concerned that for the past two financial years
Peter has been failing to ensure the timely preparation and submission of the company’s
annual financial statements, and that Peter omitted to sign the annual financial statements for
the previous financial year as the authorised director, as required. Mashudu approaches you
for legal advice regarding the removal of a company director. Advise Mashudu on the following
matters:
1.1 Whether there is any valid basis to remove Peter as a director of Star Engineering (Pty)
Ltd. (3)
1.2 The procedure that must be followed and the rights that Peter has in terms of the
Companies Act 71 of 2008 should Mashudu decide that he (Peter) must be removed as a
director of Star Engineering (Pty) Ltd. (12)
Question: 2
Springbok Finance (Pty) Ltd is one of the creditors of Falcon Airlines Ltd. The board of
directors of Falcon Airlines Ltd passed a resolution placing Falcon Airlines Ltd in voluntary
business rescue and appointed Ntando as the business rescue practitioner. Springbok
Finance (Pty) Ltd believes that Falcon Airlines Ltd can be successfully rescued. However,
Springbok Finance (Pty) Ltd is dissatisfied with the way Ntando is performing his duties as the
business rescue practitioner as he has failed to implement the approved business rescue plan.
Ntando has also not been preparing and submitting the required monthly reports even though
the business rescue proceedings have lasted longer than three months. Springbok Finance
(Pty) Ltd wants to appoint Andile, an experienced business rescue practitioner in the airline
industry, to replace Ntando as the business rescue practitioner of Falcon Airlines Ltd.
Explain whether there are grounds to remove Ntando as the business rescue practitioner, and
if
PREVIEW
Question 1
Mashudu and Peter are the only directors of Star Engineering (Pty) Ltd. Peter was appointed as an executive
director of Star Engineering (Pty) Ltd two years ago under a five-year contract of employment with the
company. Mashudu is concerned that for the past two financial years Peter has been failing to ensure the
timely preparation and submission of the company’s annual financial statements, and that Peter omitted to
sign the annual financial statements for the previous financial year as the authorised director, as required.
Mashudu approaches you for legal advice regarding the removal of a company director. Advise Mashudu on
the following matters:
DISTINCTION Footnotes and/or Bibliography
GUARANTEED!!! included. *
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations or warranties,
express or implied. This document is to be used for comparison, research, and reference purposes ONLY. No part of this document may be reproduced,
resold, or transmitted in any form or by any means without prior written permission from the Author. By making use of this document, you agree to fully
accept the consequences should you plagiarise or misuse this document. – STUDY BUDDY TUTOR SA
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITIONS.
Cell: 062 810 8624 Email:
, ASSIGNMENT 2
Question: 1
Mashudu and Peter are the only directors of Star Engineering (Pty) Ltd. Peter was appointed
as an executive director of Star Engineering (Pty) Ltd two years ago under a five-year contract
of employment with the company. Mashudu is concerned that for the past two financial years
Peter has been failing to ensure the timely preparation and submission of the company’s
annual financial statements, and that Peter omitted to sign the annual financial statements for
the previous financial year as the authorised director, as required. Mashudu approaches you
for legal advice regarding the removal of a company director. Advise Mashudu on the following
matters:
1.1 Whether there is any valid basis to remove Peter as a director of Star Engineering (Pty)
Ltd. (3)
1.2 The procedure that must be followed and the rights that Peter has in terms of the
Companies Act 71 of 2008 should Mashudu decide that he (Peter) must be removed as a
director of Star Engineering (Pty) Ltd. (12)
Question: 2
Springbok Finance (Pty) Ltd is one of the creditors of Falcon Airlines Ltd. The board of
directors of Falcon Airlines Ltd passed a resolution placing Falcon Airlines Ltd in voluntary
business rescue and appointed Ntando as the business rescue practitioner. Springbok
Finance (Pty) Ltd believes that Falcon Airlines Ltd can be successfully rescued. However,
Springbok Finance (Pty) Ltd is dissatisfied with the way Ntando is performing his duties as the
business rescue practitioner as he has failed to implement the approved business rescue plan.
Ntando has also not been preparing and submitting the required monthly reports even though
the business rescue proceedings have lasted longer than three months. Springbok Finance
(Pty) Ltd wants to appoint Andile, an experienced business rescue practitioner in the airline
industry, to replace Ntando as the business rescue practitioner of Falcon Airlines Ltd.
Explain whether there are grounds to remove Ntando as the business rescue practitioner, and
if
