LML4806 Assignments PACK Tut201 Letters Questions. Answers

LML4806 Assignments PACK Tut201 Letters Questions. Answers LML4806/201/1/2021 Tutorial Letter 201/1/2021 Company Law Semesters 1 and 2 Department of Mercantile Law This tutorial letter contains important information about your module. BARCODE LML4806/201/1/2021 2 CONTENTS Page 1 FEEDBACK ON ASSIGNMENT 01 ........................................................................................................ 3 2 FEEDBACK ON ASSIGNMENT 02 ........................................................................................................ 5 3 CONCEPT EXAMINATION QUESTIONS FOR PURPOSES OF REVISION .......................................... 8 4 FEEDBACK ON THE CONCEPT EXAMINATION QUESTIONS .......................................................... 11 5 GENERAL COMMENTS REGARDING THE EXAMINATION .............................................................. 20 LML4806/201/1/2021 Dear Student The aim of this tutorial letter is to provide you with guidelines to answering the compulsory assignments, Assignments 01 and 02, and the concept examination questions for revision purposes. These guidelines are not model answers. You should also consult the relevant sections of the Companies Act 71 of 2008, the study guide and the prescribed textbook to which you are referred for further details. Note that the concept exam questions merely serve as examples of how questions are asked in the examination. In order to pass this module, you should study all the prescribed work. 1 FEEDBACK ON ASSIGNMENT 01 QUESTION Ayanda is a shareholder of Codex (Pty) Ltd. She receives a notice of a meeting of the company’s shareholders to vote on the appointment of Sifiso as a director of the company. Ayanda attends the meeting with the intention to vote in favour of Sifiso’s appointment as a present at the meeting. FEEDBACK director. Codex (Pty) Ltd has five shareholders, but only Ayanda and Eric, who each hold 10% of the voting rights in the company, attend the meeting. With reference to the relevant provisions of the Companies Act 71 of 2008, advise Codex (Pty) Ltd whether a quorum of the shareholders is (10) The key issue in this question is the quorum at a shareholders meeting – both the quorum for a shareholders meeting to begin and the quorum for a matter to be considered. The relevant statutory provisions/principles: The provisions of section 64 of the Companies Act 71 of 2008 are relevant. You should have then set out the following provisions of section 64 that are relevant to this question: • A meeting may not begin until sufficient persons are present at the meeting to exercise, in aggregate, at least 25% of all of the voting rights that are entitled to be exercised in respect of at least one matter to be decided at the meeting.