% correct solutions
QUESTION 1
1.1 Steps to incorporate Uniq Ltd (6)
To incorporate a company in terms of the Companies Act 71 of 2008,
Mandla and Suzan must take the following steps:
1. Reserve a company name (optional)
Apply to the CIPC to reserve the name Uniq Ltd, or use a registration
number as the interim name.
2. Prepare the Memorandum of Incorporation (MOI)
Draft an MOI that complies with the Act, setting out the company’s
rights, duties, and governance structure.
3. Complete and submit the Notice of Incorporation (CoR 14.1)
This document includes details of the incorporators, directors,
registered office, and share structure.
4. Submit incorporation documents to the CIPC
Lodge the MOI, Notice of Incorporation, and supporting documents
with the prescribed fee.
5. Appointment of directors
At least one director must be appointed for a private company.
6. Registration and issue of registration certificate
Once approved, the CIPC issues a registration certificate, and Uniq
Ltd comes into legal existence as a juristic person.
1.2 Common-law alternatives to a pre-incorporation contract (List
only) (4)
Instead of concluding a pre-incorporation contract under section 21, Suzan
may consider the following common-law alternatives:
1. Suspensive condition contract