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UNISA EXAMINATIONS-LML4806 COMPANY LAW
LML4806 UNISA EXAMINATION/ TAKE-
HOME PORTFOLIO (77-80% ASSURED)
DUE DATE: 20 0CTOBER 2021 @ 18h:00
Declaration : I,( your name and surname)
, 1. I understand what academic dishonesty entails and am aware of unisa’s
policies in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the
work or works of other people has been referenced according to this style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention
of passing it off as his or her own.
4. I did not make use of another student’s work and submitted it as my own.
NAME : ( your name and surname)
SIGNTURE : ( intials and surname)
STUDENT NUMBER :
MODULE CODE : LML4806
DATE : 20 October 2021
QUESTION 1
With reference to the Companies Act 71 of 2008 and the facts provided, advise
Oliver whether his arguments hold merit, and whether the ordinary resolutions
were validly passed at the meeting.
1.1 If every shareholder of a company (other than a state-owned company) is also a
director of the company, any matter that is required to be referred by the board to the
shareholders for decision may be dealt with in terms of section 57(4) of the Companies
Act 71 of 2008. The effect of this section is that a matter may be referred by the board
to the shareholders without notice or compliance with any internal formalities.
However, this is subject to the Memorandum of Incorporation which may provide
otherwise. Therefore, as all the shareholders of Exclusive Properties (Pty) Ltd are
directors of the company, section 57(4) of the Companies Act 71 of 2008 would be
applicable, unless the Memorandum of Incorporation provides otherwise.
EMAIL:
UNISA EXAMINATIONS-LML4806 COMPANY LAW
LML4806 UNISA EXAMINATION/ TAKE-
HOME PORTFOLIO (77-80% ASSURED)
DUE DATE: 20 0CTOBER 2021 @ 18h:00
Declaration : I,( your name and surname)
, 1. I understand what academic dishonesty entails and am aware of unisa’s
policies in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the
work or works of other people has been referenced according to this style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention
of passing it off as his or her own.
4. I did not make use of another student’s work and submitted it as my own.
NAME : ( your name and surname)
SIGNTURE : ( intials and surname)
STUDENT NUMBER :
MODULE CODE : LML4806
DATE : 20 October 2021
QUESTION 1
With reference to the Companies Act 71 of 2008 and the facts provided, advise
Oliver whether his arguments hold merit, and whether the ordinary resolutions
were validly passed at the meeting.
1.1 If every shareholder of a company (other than a state-owned company) is also a
director of the company, any matter that is required to be referred by the board to the
shareholders for decision may be dealt with in terms of section 57(4) of the Companies
Act 71 of 2008. The effect of this section is that a matter may be referred by the board
to the shareholders without notice or compliance with any internal formalities.
However, this is subject to the Memorandum of Incorporation which may provide
otherwise. Therefore, as all the shareholders of Exclusive Properties (Pty) Ltd are
directors of the company, section 57(4) of the Companies Act 71 of 2008 would be
applicable, unless the Memorandum of Incorporation provides otherwise.
