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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)