MRL2601 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA - (DETAILED ANSWERS - DISTINCTION GUARANTEED!)
QUESTION 1
1.1 With reference to relevant legislation and case law, explain the legal consequences of the recognition of a company’s separate legal personality.
(10)
1.2 Name the d...
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MRL2601
Entrepreneurial Law
PORTFOLIO MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER: -
Due Date: - 27th June 2023
Includes Footnotes and/or Bibliography
QUESTION PREVIEW
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1.1 With reference to relevant legislation and case law, explain the legal consequences of
the recognition of a company’s separate legal personality.
(10)
1.2 Name the different types of companies that are provided for in the Companies Act 71 of
2008. (5)
1.3 Vela is a shareholder of Impala Ltd. The next annual general meeting will be held on 13
November 2023. Unfortunately, at the time he will be overseas on a business trip. Vela
would, however, still like to vote on some matters that will be discussed at the meeting.
Advise him regarding the possibility of appointing a proxy to attend and vote on his behalf
at the annual general meeting. Also indicate the validity requirements for appointment
of a proxy. (5)
TOTAL: [20 marks]
QUESTION 2
2.1 The board of directors of Bayeza Ltd has resolved to issue shares to the following
persons:
(a) Mpho, the newly appointed chief executive officer of the company;
(b) Beauty, a new director who will be joining the board of directors in three (3)
months’ time; and
(c) certain employees of the company in terms of an employee share scheme.
With reference to the Companies Act 71 of 2008, advise the board of directors whether
approval from the shareholders of the company is required to issue these shares in the
event of issue to the persons enumerated from (a) to (c). (10)
2.2 The board of directors of Gangnam’s Tile (Pty) Ltd proposed that a shareholders’
meeting be convened to discuss various matters. Explain the different requirements for
passing of the two types of resolutions that can be taken in a shareholders’ meeting in
terms of the Companies Act 71 of 2008. (7)
2.3 The directors of Gangnam’s Tile (Pty) Ltd are uncertain as to whether the company must
appoint a company secretary. With reference to the Companies Act 71 of 2008, advise
them whether Gangnam’s Tile (Pty) Ltd is required to appoint a company secretary. (3)
TOTAL: [20 marks]
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