In terms of s9 - Study guides, Class notes & Summaries

Succession Succession: - This aspect of law deals with what happens to an estate (the assets you leave behind) after you pass away. - Estate = the assets, obligations, liabilities, debts, etc. that you leave behind. - Inheritance = what is left once all the debts and liabilities have been paid. - Succession determines who qualifies to inherit. There are 2 types of succession: - 1) Testate = dealing with wills. - 2) Intestate = dealing with no wills. Terminology: - Deceased = person w...

APPLICANT ENTITLED TO APPLY IN TERMS OF s9(1) Proceedings for the compulsory sequestration of debtors estate to be instituted by: a. creditor or his agent who has a liquidated claim against the debtor for not less than R100 b. two or more creditors or their agents who have liquidated claims against the debtor amounting, in aggregate, to not less than R200. Agent must be authorised to do so prior to bringing the application. Applicants lack of authority cannot be cured by ratification once ...

REQUIREMENTS Correct Answer Court must be satisfied: 1. The applicant has established a claim which entitles him, in terms of s9(1) to apply for sequestration of the debtor's estate. 2. the debtor has committed an act of insolvency or is insolvent 3. there is reason to believe that it will be to the advantage of creditors of the debtor if his estate is sequestrated (s12(1)) ONUS of satisfying court on these three matters rests throughout on the sequestrating creditor. APPLICANT ENTITLE...

APPLICATION FOR SEQUESTRATION Correct Answer Form & content of application: Brought by way of notice of motion supported by affidavit. Affidavit must be by the sequestrating creditor or anyone else who can attest to the facts. Affidavit to contain: a) Full names, status, occupation and address of the sequestrating creditor. Must be made evident that the creditor has locus standi to apply. When application is made by agent the affidavit must indicate that the agent is duly authorised to...

CISA Flashcards Protection of Information Assets Exam 99 Questions with Verified Answers Define the following terms: decompiling, modular stage, due care, negligence, basic care, ordinary care, and extraordinary care. - CORRECT ANSWER Decompiling is the act of dividing a large auditing task into smaller audits so that all objectives and requirements can be met Modular stage is a type of audit created by decompiling. Due care is the degree of care for a client that auditors must demonstrate w...

A-level MATHEMATICS 7357/1 Paper 1 Mark scheme June 2024 *246A7357/paper1/MS* Mark schemes are prepared by the Lead Assessment Writer and considered, together with the relevant questions, by a panel of subject teachers. This mark scheme includes any amendments made at the standardization events which all associates participate in and is the scheme which was used by them in this examination. The standardization process ...

CISA Flashcards Protection of Information Assets Exam 99 Questions with Verified Answers Define the following terms: decompiling, modular stage, due care, negligence, basic care, ordinary care, and extraordinary care. - CORRECT ANSWER Decompiling is the act of dividing a large auditing task into smaller audits so that all objectives and requirements can be met Modular stage is a type of audit created by decompiling. Due care is the degree of care for a client that auditors must demonstrate w...

REQUIREMENTS - ANSCourt must be satisfied: 1. The applicant has established a claim which entitles him, in terms of s9(1) to apply for sequestration of the debtor's estate. 2. the debtor has committed an act of insolvency or is insolvent 3. there is reason to believe that it will be to the advantage of creditors of the debtor if his estate is sequestrated (s12(1)) ONUS of satisfying court on these three matters rests throughout on the sequestrating creditor. APPLICANT ENTITLED TO APPL...

Labour Law 244 - Unfair labour practices Terms in this set (32) Pretorius & Another v Transport Pension Fund & Others (2018) [FACTS] Transnet pensioners (no longer employees) institute claim against Pension Fund based on past undertakings. Because they are no longer 'employees', they cannot rely on labour legislation. The court is hearing exceptions to claims. Pretorius & Another [IMPORTANT] • Focus only on that claim (and that part of the claim) alleging unfair labour ...

REQUIREMENTS - Court must be satisfied: 1. The applicant has established a claim which entitles him, in terms of s9(1) to apply for sequestration of the debtor's estate. 2. the debtor has committed an act of insolvency or is insolvent 3. there is reason to believe that it will be to the advantage of creditors of the debtor if his estate is sequestrated (s12(1)) ONUS of satisfying court on these three matters rests throughout on the sequestrating creditor. APPLICANT ENTITLED TO APPLY ...