MRL3701

MRL3701 Assignment Semester 1 2024. MRL3701 Assignment Semester 1 2024

APPLICANT ENTITLED TO APPLY IN TERMS OF s9(1) Proceedings for the compulsory sequestration of debtors estate to be instituted by: a. creditor or his agent who has a liquidated claim against the debtor for not less than R100 b. two or more creditors or their agents who have liquidated claims against the debtor amounting, in aggregate, to not less than R200. Agent must be authorised to do so prior to bringing the application. Applicants lack of authority cannot be cured by ratification once ...

REQUIREMENTS Correct Answer Court must be satisfied: 1. The applicant has established a claim which entitles him, in terms of s9(1) to apply for sequestration of the debtor's estate. 2. the debtor has committed an act of insolvency or is insolvent 3. there is reason to believe that it will be to the advantage of creditors of the debtor if his estate is sequestrated (s12(1)) ONUS of satisfying court on these three matters rests throughout on the sequestrating creditor. APPLICANT ENTITLE...

Question: “Critically discuss the case of Harksen v Lane 1998 (1) SA 300 (CC) with reference to the relevant legislation.” Answer: Harksen v Lane 1998 (1) SA 300 (CC); The applicant in these proceedings is, Mrs. Jeanette Harksen, at the time she was married out of community of property to Mr. Harksen. The first and second respondents are the trustees in the insolvent estate of Mr. Harksen. The third respondent is the Master of the Cape of Good Hope Provincial High Court. The fou...

WINDING UP MEANS Correct Answer essentially the procedure by which a company's assets are sold, its debts are paid, and any money left over is divided amongst the shareholders according to their rights. WINDING UP OF COMPANIES IS REGULATED BY THE FOLLOWING LEGISLATIVE PROVISIONS Correct Answer 1. Section 79 - 81 of the Companies Act 71. Winding up of solvent companies 2. Chapter 14 of the Companies Act. 3. Various provision of the Insolvency Act. MODES OF WINDING UP AND ALTERNATIVES...

What is the definition of a “debtor” in terms of the Insolvency Act 24 of 1936? (4) A debtor means a person or a partnership or the estate of a person or a partnership which is a debtor in the usual sense of the word, except a body corporate or a company or other association of persons which may be placed in liquidation under the law relating to companies. What is the purpose of a notice of surrender? (2) The purpose of the notice of surrender is to alert creditors as to the intended ap...

APPLICATION FOR SEQUESTRATION Correct Answer Form & content of application: Brought by way of notice of motion supported by affidavit. Affidavit must be by the sequestrating creditor or anyone else who can attest to the facts. Affidavit to contain: a) Full names, status, occupation and address of the sequestrating creditor. Must be made evident that the creditor has locus standi to apply. When application is made by agent the affidavit must indicate that the agent is duly authorised to...

MRL3701 ASSIGNMENT 1 SEMESTER 1 - 2022

MRL3701 - STUDY UNIT 15 - VOIDABLE AND UNDUE PREFERENCE, COLLUSIVE DEALINGS AND THE ACTIO PAULIANA

person's The terms sequestration and sequestration order should stritly be used only with reference to a ____ estate personal In Ex Parte Henning, the statement of affairs that lay for inspection did not contain the ____ information 8(g) According to section ____ of the Insolvency Act, it is an act of insolvency if a debtor gives notice in writing to a creditor that he is unable to pay one or more of his debts written A debtor may not, without the ____ consent of the tr...