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FBE2604 Assignment 1 (100% COMPLETE ANSWERS) Semester 1 2025 - DUE March 2025

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Forms of Business Enterprise - FBE2604 Assignment 1 Semester 1 2025 - DUE March 2025 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... 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 2 2.1 Veronica and Precious intend to start a business together. They are unsure about what type of enterprise would be the most suitable for their business. 2.1.1 Explain the advantages attached to legal personality to them. (5) 2.1.2 Explain whether it is possible to register a new close corporation. (2) 2.1.3 Is it possible to convert a close corporation into a company? (3) 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.)

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February 15, 2025
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FBE2604
ASSIGNMENT 1 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: MARCH 2025

, FBE2604

Assignment 1 Semester 1 2025



Unique Number:

Due Date: March 2025

Forms of Business Enterprise

QUESTION 1

1.1 Bargaining Council for the Furniture Manufacturing Industry KZN v UKD
Marketing CC & Others (2013) 34 ILJ 96 (LAC):
1.1.1 Presiding Officer: The presiding officer was Judge Davis【12†source】.
1.1.2 Year Decided: The case was decided in 2013【12†source】.
1.1.3 Type of Enterprise: UKD Marketing CC is a close corporation【12†source】.
1.1.4 Importance to Corporate Law: The case highlights the concept of lifting the
corporate veil, where business owners are held personally accountable if they use the
company structure to avoid legal duties【12†source】.
1.1.5 Legislation Considered: The court referred to Section 23 of the Labour Relations
Act 66 of 1995【12†source】.
1.1.6 Common Law Principle Applied: The principle of piercing the corporate veil was
applied to prevent abuse of the company structure【12†source】.
1.1.7 Relevant Legislation: The Companies Act 71 of 2008 is key here as it provides
the framework for lifting the corporate veil in cases of misconduct【12†source】.
1.1.8 Cases Cited: The court referred to Cape Pacific Ltd v Lubner Controlling
Investments (Pty) Ltd【12†source】.
1.1.9 More Recent Cases: Potential additional references could include Hlumisa
Investment Holdings (RF) Ltd v Kirkinis and Lewis Group Ltd v Woollam【12†source】.

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