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Exam (elaborations)

2023 Semester 2 Assignment 2 answers - Entrepreneurial Law (MRL2601)

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Assignment 2 QUESTION 1 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) QUESTION 2 The board of directors of Mongalo Estates (Pty) Ltd is contemplating selling 80 per cent of the company’s assets to Hinrich Schupple, a German businessman. Indicate what right the shareholders have who do not agree with the proposed sale, and what process they must follow. (5) QUESTION 3 Briefly explain how the court assessed what the respective remedies aim to achieve, and which remedy would be more appropriate to apply when both sections 36 and 49 of the Close Corporations Act 69 of 1984 could be used in the decision of Feni v Gxothiwe and Another 2014 (1) SA 5 (ECG). (5) QUESTION 4 Good Food CC’s main business is catering. The corporation has five members: Anthea, Bert-Filandro, Carol, Daniel and Elvis. Each member holds a 20 percent member’s interest. The association agreement determines that only Daniel is authorised to represent the close corporation. Anthea enters into a contract for the purchase of a racehorse on behalf of the close corporation with BertFilandro. Explain whether the close corporation is bound to the transaction. (5) TOTAL: 20 marks

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Uploaded on
August 4, 2023
Number of pages
5
Written in
2023/2024
Type
Exam (elaborations)
Contains
Questions & answers

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Assignment 2
SEMESTER 2 2023
MRL2601
ENTREPRENEURIAL LAW

, Assignment 2

QUESTION 1



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)

To incorporate a company, Nandi and Patricia would need to follow these steps:

1. Name Reservation: Choose a unique and appropriate name for their catering
business. They can apply for name reservation with the Companies and
Intellectual Property Commission (CIPC) to ensure the name is available.

2. Company Registration: Prepare the necessary documents, such as the
Memorandum of Incorporation (MOI) and complete the registration forms
required by the CIPC. The MOI will outline the company's rules, management
structure, and other important details.

3. Appointing Directors and Officers: Decide on the initial directors and officers
for the company. They would need to provide the necessary details and
documentation of these individuals to the CIPC during registration.

4. Shareholder Agreements: If there are specific agreements between Nandi and
Patricia regarding shareholding, decision-making, profit-sharing, etc., they
should draft a shareholder agreement.

5. Payment of Registration Fees: Pay the required registration fees and submit
all the necessary documents to the CIPC.

6. Receive Certificate of Incorporation: Once all the documents are processed
and approved, they will receive a Certificate of Incorporation, indicating that
the company is officially registered.

7. Compliance and Reporting: After incorporation, they must comply with all legal
requirements, such as submitting annual financial statements and other
relevant documents to the CIPC.

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