ASSIGNMENT 1 (ANSWERS) SEMESTER 2
DUE DATE: August 2025
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later than August 2025. Kindly note that fax or email submissions will not be accepted.
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QUESTION 1
Advice to Stefan on ensuring reasonable opportunity for AGM attendance
According to section 63(2) of the Companies Act 71 of 2008, a company must ensure that any
shareholders’ meeting, including an annual general meeting (AGM), provides a reasonable
opportunity for all shareholders to participate. This section expressly allows a company to hold its
shareholders’ meetings either entirely in person or by way of electronic communication, or as a
hybrid of both. Therefore, I advise that JP Textiles Ltd can make use of electronic communication
platforms to facilitate remote participation for shareholders and proxies who cannot travel to
Johannesburg.
The board should authorise the use of secure online meeting platforms that enable simultaneous
communication without undermining the ability of shareholders to exercise their rights to vote,
speak, and be heard. Furthermore, under section 63(2)(a)-(b), the notice of the AGM must clearly
inform shareholders of the availability of electronic participation and provide sufficient details
regarding the means to access the meeting virtually. In addition, the company must ensure that the
technology used allows all participants a reasonable opportunity to communicate concurrently
without material restrictions, thus satisfying the requirements of fairness and accessibility as