Assignment 1 Semester 1 2026
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Due Date: 6 March 2026
QUESTION 1
A company is a separate legal person that exists independently from the people who own or
manage it. This means the company can own property, enter into contracts, sue, and be
sued in its own name. In contrast, a partnership does not have a separate legal personality.
The partners and the partnership are regarded as the same in law. As a result, partners are
personally involved in the rights and obligations of the partnership.1
A company is created through a formal process of incorporation in terms of the Companies
Act. This involves registration and compliance with statutory requirements. A partnership, on
the other hand, is formed through an agreement between two or more persons. No formal
registration is required, although a written partnership agreement is strongly recommended
to regulate the relationship between partners.1
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