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LML4806
COMPANY LAW
ASSIGNMENT 2
MEMO
SEMESTER 1
2022
BIBLIOGRAPHY INCLUDED
5 PAGES
, ASSIGNMENT 02
Question 1
Blueprint (Pty) Ltd specialises in the printing of textbooks. The current trend to move
away from publishing hard copies of textbooks towards publishing textbooks
electronically is threatening its future business prospects. Although Blueprint (Pty) Ltd
is not yet in financial distress, its board of directors is considering whether it can
propose an arrangement with the company’s creditors in terms of which the company
will pay 80 percent of all creditors’ claims against it in full and final settlement of the
claims. The board anticipates that most of the creditors will accept its proposal and
that only a small minority of the creditors will reject it.
Advise the board of directors of Blueprint (Pty) Ltd on a specific procedure in terms of
the Companies Act 71 of 2008 that would make the board’s proposal in this case
binding on all creditors if the proposal is accepted by most of them, and indicate the
requirements and formalities that must be complied with when implementing that
procedure. (15)
Question 2
Sandwich Delight (Pty) Ltd (‘the company’) provides sandwiches to office outlets in
Cape Town. The company is financially distressed and is under business rescue. The
company has a contract in terms of which it buys the bread for making sandwiches
from a local bakery, Cape Bakeries (Pty) Ltd. The company has since found that it can
make sandwiches at a much lower cost by baking its own bread instead of purchasing
it from Cape Bakeries (Pty) Ltd.
Discuss whether business rescue proceedings will enable Sandwich Delight (Pty) Ltd
to cancel its contract with Cape Bakeries (Pty) Ltd, and whether Cape Bakeries (Pty)