MRL2601 Exam Pack (Updated) . (This is the latest Pack). Includes Questions papers and the answers. (Latest updated 2023) this packs contains everything you need for upcoming assignments as well as for examination time. This is not only an exam memo pack but also great for assignments! All the bes...
MRL2601
NEW UPDATED
EXAM PACK FOR
2022
2016 - 2022
Questions &
Answers
, MRL2601
Jan/Feb 2022
Entrepreneurial Law
100 Marks
Duration 24 Hours
First examiner: Prof J Geldenhuys
Second examiner: Dr V Madlela
MARKING INSTRUCTIONS
(1) Mark all the questions and always note the maximum mark allocations
(2) No half marks must be awarded! Please award a full mark if you feel that the
student has earned it
(4) Be lenient. Do not miss marks indicated on the memorandum.
(5) In case of uncertainty, phone me (Judith) at 0836502352 without delay or email
me at geldej@unisa.ac.za.
QUESTION 1 6 MARKS
Zingapi is a minority shareholder in Telemark (Pty) Ltd. In spite of good business the
company’s profits are not increasing. Zingapi suspects that the directors, who are also
majority shareholders are wasting the company’s money on unnecessary business
trips and luxuries for themselves. Zingapi is concerned about the costs that she would
incur in a court action. Advise her of the steps she should take in order to institute a
derivative action on behalf of Telemark (Pty) Ltd. (6)
• Section 165 of the Companies Act 71 of 2008 (1)
• Zingapi must in writing request that the company institute legal action to protect
the interests of the company. (1)
• An independent person or committee must be appointed to investigate the claim
(1)
• The independent person or committee must then report to the board of directors.
(1)
• The company must within 60 days from receipt of the written request institute the
legal action or serve a reason for not doing so on Zingapi. (1)
• Zingapi can then approach the court to continue with the legal action or institute
the claim. (1)
QUESTION 2 6 MARKS
Sarah is a shareholder in ABC (Pty) Ltd. She will be abroad for business when the
annual general meeting of shareholders of ABC (Pty) Ltd takes place. Sarah
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