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FBE2604 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE September 2025

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FBE2604 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE September 2025

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FBE2604
Assignment 2
(COMPLETE
ANSWERS)
Semester 2
2025 - DUE
September [School]
[Course title]


2025
[Document subtitle]

,[Document subtitle]



FBE2604 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE September 2025

 Course

 Forms of Business Enterprise (FBE2604)

 Institution

 University Of South Africa (Unisa)

 Book

 Forms of Business Enterprise

FBE2604 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE September 2025; 100%
TRUSTED Complete, trusted solutions and explanations.



QUESTION 1 Indicate what type of company Wooden Tile (Pty) Ltd is. Also identify the other
categories of companies that are provided for in the Companies Act 71 of 2008. The board of
directors of Tando Estates (Pty) Ltd is contemplating selling 80 per cent of the company’s assets
to Brian, a Johannesburg businessman. Indicate what right the shareholders have who do not
agree with the proposed sale, and briefly set out the process that they must follow. Zipper (Pty)
Ltd does not have a company secretary. Explain whether or not it is necessary to appoint a
company secretary. Also list three duties of a company secretary. (5) Senzo, Paul, Salim and
Renster are employees of Haze Ltd. Haze Ltd makes loans to Senzo, Salim and Mariam (an
existing member) to enable them to subscribe to shares of the company. Sam wants to
incorporate a business entity. He is uncertain whether he should incorporate a partnership or a
company. 1.1 Briefly explain the differences between a partnership and a company to him. (10)
1.2 Suppose Sam decides to form a partnership. Indicate to him what the essentialia of a
partnership entails. (5Explain the requirements that must be adhered to in terms of the
Companies Act 71 2008 to validly provide financial assistance? The board of directors of Tando
Estates (Pty) Ltd is contemplating selling 80 per cent of the company’s assets to Brian, a
Johannesburg businessman. Indicate what right the shareholders have who do not agree with
the proposed sale, and briefly set out the process that they must follow. Nandi and Patricia
want to start a catering business together called It-out (Pty) Ltd. Briefly explain the steps which
they would need to take in order to incorporate a company. (5) Suppose Sam decides to form a
partnership. Indicate to him what the essentialia of a partnership entails. QUESTION 2 Briefly
explain the advantages of a business trust to Zwane The main object of ABC (Pty) Ltd is
manufacturing of furniture. Its Memorandum of Incorporation provides that the board of
directors may appoint a managing director who will be authorised to enter into contracts on
behalf of the company. However, should the contract exceed the amount of R150 000, prior

, consent of the general meeting is required. Godfried, the current managing director of ABC
(Pty) Ltd, buys a beach house for R350 000 from Bonang on behalf of ABC (Pty) Ltd. Explain
whether or not ABC (Pty) Ltd can raise the restrictions to its capacity as contained in its
Memorandum of Incorporation as grounds to avoid being bound to the contract. Sam wants to
incorporate a business entity. He is uncertain whether he should incorporate a partnership or a
company. 1.1 Tshepo has been a beneficiary of a business trust for three years but now wishes
to dispose of his interest in the trust by selling it to Zwane. The trust deed is silent on Zwane’s
right in this regard. Advise Zwane on the legality of Tshepho’s intended action to dispose the
interest. Briefly explain the differences between a partnership and a company to him. Tshepo
has been a beneficiary of a business trust for three years but now wishes to dispose of his
interest in the trust by selling it to Zwane. The trust deed is silent on Zwane’s right in this regard.
Advise Zwane on the legality of Tshepho’s intended action to dispose the interest Indicate what
type of company Wooden Tile (Pty) Ltd is. Also identify the other categories of companies that
are provided for in the Companies Act 71 of 2008. The board of directors of Tando Estates (Pty)
Ltd is contemplating selling 80 per cent of the company’s assets to Brian, a Johannesburg
businessman. Indicate what right the shareholders have who do not agree with the proposed
sale, and briefly set out the process that they must follow. Briefly explain the advantages of a
business trust to Zwane


Type of company Wooden Tile (Pty) Ltd is and other company categories under the
Companies Act 71 of 2008

 Wooden Tile (Pty) Ltd is a Private Company (indicated by the "(Pty) Ltd" suffix).

 Categories of companies under the Companies Act 71 of 2008:

o Private Company (Pty) Ltd: Restricts share transfers, limits number of
shareholders (usually up to 50), no public share offering.

o Public Company Ltd: May offer shares to the public and has no restriction on
share transfer or shareholder numbers.

o Personal Liability Company (Inc): Similar to private companies but
directors/shareholders are jointly and severally liable for debts.

o State-Owned Company: Owned by the state.

o Non-Profit Company (NPC): For charitable or non-profit purposes.



2. Rights of shareholders dissenting to sale of 80% assets by Tando Estates (Pty) Ltd & process

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