Exam (elaborations) MRL 3701 INSOLVENCY LAW EXAM PACK ANSWERS () AND 2020 BRIEF NOTES

MRL 3701 INSOLVENCY LAW EXAM PACK ANSWERS () AND 2020 BRIEF NOTES MRL 3701 OCTOBER/NOVEMBER 2018 QUESTION 1 a) Inability to pay debts is, at most merely evidence of insolvency. (page 3) b) Brenda’s application for voluntary surrender must be set out the causes of her insolvency in some detail to enable the court to determine whether the application is ......................... c) Christopher commits an act of insolvency by departing from his dwelling with the intent by doing so to evade payment of his debts.(page 36) d) The court must be mindful of the fact that where a debtor and creditor in sequestration proceedings are not at arm’s length, there is considerable potential for ....................... e) If a trustee elects to set aside a contract, he may recover any performance rendered by the insolvent, but he must also restore to the third party any perfomance that the insolvent has received under the transaction. f) Dave is a miner, and his right to a benefit or a reward, or money paid to him as a miner, does not form part of his insolvent estate. (page 72) g) One of the duties of the sheriff on receiving a sequestration order is to serve a copy of the order on the solvent spouse if she has a separate estate that has not been sequestrated. (page 81) h) Section 84(1) of the Insolvent Act presupposes that the seller is the owner of the property sold (the res vendita). (page 96) i) If the insolvent has carried out his side of the contract and only the other party’s performance is outstanding, the right to that performance is an asset in the insolvent estate and vests in the trustee. (page 86) j) Kim, the trustee of Lee’s estate, is obliged to convene a general meeting of creditors by means of a notice that must state the matters to be dealt with at the meeting. (page 111-112) k) Where the insolvent contracted to acquire immovable property and the property has not been transferred to him, the trustee must make his election to uphold or repudiate the contract within six weeks after receiving written notice from the other party calling upon him to do so.(page 88) l) If the creditors elect a trustee unlawfully, the Master is not obliged to confirm the election. (page 124) m) In deciding whether a disposition was made in the ordinary course of business, an objective test is applied. (page 143) Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace n) In terms of section 89(2) of the Insolvency Act, a secured creditor may, when proving his claim, choose to rely exclusively on his security. (page 183) o) Compared to common-law compromise, the main advantage of a statutory composition is that it does not depend on the participation of all the creditors. (page 203) p) An application for rehabilitation is brought by way of notice of motion supported by affidavits. (page 212) q) When a partnership is dissolved because the estate of one of the partners has been sequestrated, the partnership assets are divided among the partners in terms of partnership contract or the common law. (page 223) r) The human beings (natural persons) who administer the business of the company are the management/its directors. () s) A voluntary winding up of Kilo CC may be either a creditors’ voluntary winding up, a voluntary winding up by the corporation, or a shareholders voluntary winding up. (page 241) t) The application for compulsory business rescue suspends any liquidation proceedings involving the company. (page 279) QUESTION 2 1. T (page 6) 2. T (page 19) 3. F (page 39) 4. F (page 63) 5. F (page 78) 6. T (page 81) 7. F (page 63) 8. F (page 111-112) 9. T (page 148) 10. F (page 95) 11. F (page 209) 12. F (page 18) 13. F (page 243) 14. T (page 241) 15. F (page 279) QUESTION 3 Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace a) A person is insolvent when his liabilities fairly valued exceed his assets fairly valued. A person’s estate may be sequestrated in-order to secure the orderly and equitable distribution of a debtor’s assets wher they are insufficient to meet claims of all his creditors. Therefore for the granting of a sequestration order the following requirements must be met;  The debtor’s estate must in fact be insolvent  The debtor has sufficient assets to defray all costs of sequestration  Only if sequestration is to the advantage of creditors. (page 18) If these requirements are met the order for sequestration may be granted if not sequestration order will be refused. b) In terms of section 17(4) of the Matrimonial Property Act 88 of 1984 both spouses who jointly own an estate because they are married in Community of property may apply for sequestration. (page 18) c) Amod v Khan SEE ATTACHED DOCUMENT FOR CASE SUMMARIES d) (i) The trustee of the insolvent estate may have a claim in terms against Mpho’s estate to the extent of the accrual. This is so because the ante-nuptial contract does not exclude accrual therefore a part of the accrual estate belongs to Tenza’s insolvent estate and the trustee is mandated with the collection of all assets for the orderly and fair distribution to all creditors. (ii) The answer will not change the exception is if Mpho bequeath her estate to Tenza then the inheritance will then fall into Tenza’s insolvent estate. e) Section 26 provides that dispositions made without value may be set aside, whereas section 27 provides an exception to this by saying No immediate benefit under duly registered ante-nuptial contract given in good faith by a man to his wife or any child born of the marriage shall be set aside as a disposition without value unless that the man’s estate was sequestrated within two years of the registration of that ante-nuptial contract. f) Notification of the intention to sequestrate will inform the creditors so that they can have time to adequately deal with the matter to their advantage. g) A court may wind up a company if it is unable to pay its debts as provided in section 345 of the Companies Act 2008in terms of section 345 a company is deemed to be unable to pay its debts in the following ways;  A creditor to whom the company is indebted for at least R100 has left a letter of demand for payment at the company’s registered office and the company has neglected for three weeks thereafter to pay, secure or compromise.  A warrant of execution issued on judgment against the companyhas been returned by the sherriff with an endorsement that he did not find Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace disposable property sufficient to satisfy judgment, or that the disposable property found did not satisfy judgment  It is proved to the satisfaction of the court that the company is unable to pay its debts. Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace MAY/JUNE 2018 QUESTION 1 a) If a formal defect (irregularity) has not caused a substantial injustice, the court may CONDONE (1.6) the defect. b) Brenda’s application for voluntary surrender must set out the causes of her insolvency in some detail to enable the court to determine whether the application is VALID. c) Christopher commits an act of insolvency by departing from his dwelling with the intent by doing so to evade or, DELAY PAYMENT (pg 36)of his debts d) An application for COMPULSORY(pg 45) sequestration brought by a creditor who is not at arm’s length is generally referred to as friendly sequestration. e) Mpho is the trustee of an insolvent estate, and if she chooses to set aside a prohibited contract, then she must restore to third party any benefits that the INSOLVENT (pg 65) has received under the transaction. f) Dave is a miner, and his right to a benefit or REMUNERATION (pg 72), or money paid to him as a miner, does not form part of his insolvent estate. g) The trustee is obliged to release property which was acquired by the solvent spouse during her marriage with the insolvent by a valid TITLE (pg82) against creditors of the insolvent. h) Section 84(1) of the Insolvency Act presupposes that the seller is A SECURED CREDITOR (pg 96) of the sold property(the res vendita) i) If the insolvent has carried out his side of the contract and only the other party’s perfomamnce is outstanding, the right to that performance is an ASSET (page 86) in the insolvent estate and vests in the trustee. j) Kim, the trustee of Lee’s insolvent estate, is obliged to convene a general meeting of creditors by means of a NOTICE (page 111 & 112) that must state the matters to be dealt with at the meeting. k) Where the insolvent contracted to acquire immovable property and the property has not been transferred to him, the trustee must make his election to uphold or repudiate the contract within SIX WEEKS (pg 88) after receiving written notice from the other party calling upon him to do so. l) The Master may remove Mike from the office as the trustee of Nicci’s insolvent estate on the grounds that Mike is mentally or PHYSICALLY (pg 126) incapable of performing his duties as trustee satisfactorily. m) In terms of section 29(1) of the Insolvency Act, the values of the assets to be assessed is the MARKET VALUE. (pg 143) n) A valid PLEDGE(PG 16.2.3) is constituted where there is delivery of movable property to a creditor on the understanding that it will be retained by him until his claim has been satisfied. Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace o) Compared to a common law compromise, the main advantage of a statutory composition is that it does not depend on the CONSENT of all the creditors. p) The rehabilitation of an insolvent is a matter which lies solely within the discretion of the COURT (19.2.5) q) When a partnership is dissolved because the estate of one of the partners has been sequestrated, the partnership assets are divided among the partners in terms of the partnership contract or the MEMORANDUM OF UNDERSTANDING. r) A voluntary winding up of Bravo Pty Ltd is initiated by a special RESOLUTION of shareholders. s) A voluntary winding up of Kilo CC may be either a creditors’ voluntary winding up, a voluntary winding up by the corporation, or a COURT. t) AFFECTED PERSON QUESTION 2 Indicate whether the following statements are true or false. Do not give written explanation use only letters T or F. 1. T (page 6) 2. T (page 28) 3. F (page 40) 4. F (page 63) 5. F (page 71) 6. F (page 81) 7. T(page 93) 8. T(page 120-121) 9. F(page 143) 10. F(page 209-210) 11. F(page 209) 12. F(page 221) 13. F(page 243) 14. T(page 270) 15. T(page 214) Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace QUESTION 3 a) Before the court can grant an order for voluntary surrender of a debtor’s estate the court must be convinced that; The debtor’s estate is, in fact insolvent The debtor owns realizable property of sufficient value to defray costs of the sequestration which will in terms of the Act, be payable out of the free residue of his estate Sequestration will be to the advantage of creditors b) Even if the court is satisfied that all the requirements for sequestration have been met it still has discretion to reject or grant the sequestration. Factors such as if the debtor’s object in applying for surrender of his estate to avoid paying, or to defeat the rights of a particular debtor, or if the debtor displayed gross extravagance and ran debts on a pretentious scale will all play a crucial part. In case in stud (Ex parte Henning) c) In Magnum Financial Holdings Pty Ltd (Liquidation) v Sommerly and another 1984 the question before the court was whether the trust before the court was susceptible to sequestration. The court was satisfied that the applicant had made out a case for relief sought because in terms of section 2 of the Insolvent Act a trust is included in the definition of a debtor thus the trust through its trustees could acquire property and incur liabilities thus it fell within the meaning of debtor. There had been sufficient service of papers on the trustee of trust The provisional liquidator of the applicant company had locus standi to apply for the provisional sequestration of the trust estate. The applicant company had a claim of R1,6 million which wasdue and payable It was to the advantage of the trust’s creditors that its estate should be urgently sequestrated An act of insolvency had been committed d) An insolvent person is prohibited from holding office because they is a great amount of trust and responsibility required and they is a possibility of dishonesty business practice that exists on the insolvent’s part which may result in a prejudice to the public interest. e) This refers to dispositions made without value section 26 of the Insolvency Act. Section 26 provides that disposition made without value may be set aside by the court if the disposition had been made more than two years before sequestration of his estate, and it is proved that immediately after the disposition was made, the liabilities exceeded the his assets, or that the disposition was made within two years of sequestration and the person claiming or benefitted by the Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace disposition is unable to prove that immediately after the disposition was made the assets of the insolvent exceeded his liabilities. f) In Pretorius Trustee v Van Blommenstein 1949 the facts were that t was only he insolvent purchased a lorry from defendant and sometime later pledged it to secure payment of the price, because the seller had sued for the price and prepared to agree to an extension if real security existed. Trustee of the insolvent estate applied to set aside the disposition as avoidable preference in terms of sec 29. Defendant raised the defence of ordinary course of business . court held the pledge of lorry valid. g) Business Rescue Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace NOV/OCT 2017 QUESTION 1 a) In terms of the section 149(1) of the Insolvency Act, a court has jurisdiction over a debtor and in regard to the estate of a debtor if at any time within the TWELVE MONTHS immediately preceding the lodging of the application, the debtor ordinarily resided or carried on business within the jurisdiction of the court. b) As a general rule, costs occasioned by an unsuccessful opposition to an application of voluntary surrender must be borne by the CREDITORS (2.7) concerned. c) To avail as an act of insolvency under section 8(b) of the Insolvency Act, the sheriff’s return should refer to all DISPOSABLE (3.1.2 b) property of whatever description. d) The court must be mindful of the fact that where debtor and creditor in sequestration proceedings are not at arm’s length, there is considerable potential for PREJUDICE and malpractice e) Unless granted exemption by the COURT, the insolvent is disqualified from being a director of a company. f) Immovable property is defined by section 2 of the Insolvency Act as land every right or interest in the land or MINERALS (sec 2) which is registrable in deeds registry within the Republic. g) Section 23(8) of the Insolvency Act allows the insolvent to recover for his own benefit compensation for any loss or damage which he may have suffered, whether before or after sequestration of his estate, by reason of DEFAMATION (sec 23 (8) or personal injury h) A majority of the Constitutional Court decided that section 21 of the Insolvency Act cannot be regarded as expropriating the solvent spouse’s property since it does not contemplate a permanent transfer of ASSETS to the Master or trustee. i) If the insolvent has carried out his side of the contract and only the other party’s performance is outstanding, the right to that performance is an ASSET in the insolvent estate and vests in the trustee. j) The MASTER determines the date and time of the first meeting of creditors. k) Where the insolvent contracted to acquire immovable property and the property has not been transferred to him, the trustee must make his election to uphold or repudiate the contract within SIX WEEKS after receiving written notice from the other party calling upon him to do so. l) Note that as a result of a relative ground for disqualification such a person cannot be a trustee of a specific insolvent estate. This prohibition differs from the Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace ABSOLUTE grounds for disqualification where such a person may not be a trustee of any insolvent estate whatsoever. m) The term “disposition” does not include a disposition made in compliance with AN ORDER OF COURT. n) In terms of section 89(2) of the Insolvency Act, a secured creditor may, when provinghis claim, choose to rely exclusively on his CLAIM o) Compared to a common-law compromise, the main advantage of a statutory composition is that it does not depend on the CONSENT of all the creditors. p) At any time after the confirmation by the Master of a plan of distribution providing for the payment in full of all claims proved against the insolvent estate with interest calculated in terms of the Act and all the COST OF SEQUESTRATION the insolvent may apply for his rehabilitation. q) A partnership, therefore, although not a separate juristic person in the eyes of the law, is regarded for purposes of the Act as a separate ENTITY with an estate which may be sequestrated like that of a natural person. r) The human beings (the natural persons) who administer the business of the company are its DIRECTORS/MANAGEMENT s) A member of a close corporation has a VESTED INTEREST in the close corporation. t) Business rescue proceedings commence when the company files a VOLUNTARY BUSINESS RESCUE to place itself under supervision. QUESTION 2 1. T (page 3) 2. F (page 28) 3. F (page 63) 4. T (page 82) 5. T (page 93) 6. F 7. F (page 143) 8. T (page 148) 9. F 10. T(para18.4.2) 11. F(para19.1) 12. F (para20.1) 13. T Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace 14. T(para25.2.1) 15. F (section 128f Companies Act) QUESTION 3 a) Within seven days after publication of notice to surrender the debtor must furnish copies of notice to various parties. The debtor must deliver a notice to every one of his creditors whose address he knows or can ascertain. SARS b) The court may grant an application for the compulsory sequestration of a debtor’s estate if the court is satisfied that certain requirements have been met. The requirements are the applicant has established a claim which entitles him, in terms of section 9(1) to apply for the sequestration of the debtor’s estate. The debtor has committed an act of insolvency. There is reason to believe that it will be to the advantage of creditors of the debtor if his estate is sequestrated. c) Contract of sale of movable property. d) The trustee is obliged to call a general meeting of creditors if he is required to do so by the Master or by the creditors representing one-fourth of the value of all claims proved against the estate. A meeting called for the purpose of considering an offer of composition and the trustee is obliged to call a general meeting to inform the creditors of the offer of composition. e) i) Both of them maybe appointed joint trustees that is if they all accept to be joint trustees ii) yes since a person residing outside the Republic is disqualified from becoming a trustee of any estate iii) the Master may remove a trustee on the ground that he has faile to perform any of his duties satisfactorily. f) A secured claim is a creditor who holds security for his claim in the form of a special mortgage, landlord’s hypothec, pledge or right of retention. On the other hand a preferent claim refers to a claim that is entitled to payment before other claims. Although preferent claim is wide enough to include secured claims it normally refers to preferences in regard to the following claims; funeral and death-bed expenses, costs of sequestration, statutory costs and salary or remuneration of employees. g) The courts have held that it is just and equitable to wind up a company in six specific categories of cases namely; i. Where the main object for which the company was formed is not possible of being attained ii. Where the company’s objects are illegal, or the company was formed to defraud the persons invited to subscribe for its shares Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace iii. Where they is a justifiable lack of confidence in the conduct and management of the company’s affairs. iv. Where the voting power in the board of directors or in the general meeting of the company is so divided between dissenting groups that the deadlock cannot be resolved except by winding up the company. v. Where the company is a quasi-partnership and circumstances exists which would be good grounds for desolving a partnership. vi. Where the minority shareholders are oppressed by the controlling shareholders. Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace MRL 3701 MAY – JUNE 2014 QUESTION 1 (a) Sequestrated (b) 12 months (c) Portion (d) Contractual capacity (e) Contract (f) Immovable (g) Section 21 (h) Immediately (i) Counter – performance (j) Suspended (k) Unjustified enrichment (l) Interrogating (m) Misconduct (n) Estate Wege V Strauss (o) Balance of probabilities (p) Disposition (q) Concurrent (r) Ensor Nov Renscor Motors (s) Property (t) Composition Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace QUESTION 2 1. T 2. T 3. F 4. F 5. T 6. F 7. T 8. T 9. F 10. T 11. T 12. T 13. T 14. F 15. T QUESTION 3 3(a) The debtor had business whereby he sold Mazda parts. He sold these parts and the trustee wanted to impeach them in terms of section 34. The legal question was whether the alienation by the insolvent of certain goods just before its liquidation was in the ordinary course of that business. The court held that the disposition was in the ordinary course of business. Onus is on the trustee to provide that it was not in the ordinary course of business and the trustee could not discharge this onus. 3b (i) under section 26, the court may set aside a disposition for which has no value has been received or promised. These dispositions should have been made by the insolent two years before the sequestration of his estate and must be proved that the insolvent to exceed his assets. Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace In Estate Wege v Strass held that a bet is not illegal at common law. Also a bet is not null and void in the sense that it gives rise to no claim. Parties to the bet cannot enforce it in court. This means the court may not assist parties to enforce a bet. The payments made by Andy to Betty between 2011 and 2013 may not qualify as dispositions without value under section 26 of the insolvency Act. 3(b)(ii) In terms of section 24 of the Insolvency Act a court may set aside a disposition made by he insolvent not more than six months before the sequestration of his estate if (1) the disposition had the effect of preferring one creditor above another (2) immediately after the disposition, the insolvent’s liabilities exceeded his assets. Exception – disposition in ordinary course of business and did not intended to prefer. Andy’s payment made in June 2013 was made four months before his sequestration but from the facts it cannot be proved that the disposition preferred Betty among another creditors of Andy, and Any’s liabilities immediately exceeded his assets after the payment. Betty may successfully argue that the payment was made in the ordinary course of business. Therefore the payment may not qualify as a voidable preference. 3(c) Employees fall within the preferential creditors’ category. In terms of section 98A, salary for a period of 3months and to the maximum of R12 000 and R6000 exceeding his preferential claim becomes a concurrent claim. B is entitled to R12 000 and has no amounts exceeding the preferential amounts. C is only entitles to R2000 and this amount comply with section 98A. 3(d) An offer of composition by the insolvent had been accepted by a simple majority in value but not by a three – fourth majority in number or in value. The error was accepted, and the insolvent was reinstated with his assets. The offer of composition was accepted by only a majority in value and did not comply with section 119 (7). So there was no valid acceptance and thus no composition. Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace MRL3701/101/3/2017 Tutorial Letter 101/3/2017 Insolvency Law MRL3701 Semesters 1 and 2 Department of Mercantile Law This tutorial letter contains important information about your module. You must also register for myUnisa and activate your myLife e-mail address. BARCODE Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace 2 CONTENTS Page 1 INTRODUCTION .......................................................................................................................... 4 2 PURPOSE AND OUTCOMES ...................................................................................................... 5 2.1 Purpose ........................................................................................................................................ 5 2.2 Outcomes ..................................................................................................................................... 5 3 LECTURER(S) AND CONTACT DETAILS ................................................................................... 5 3.1 Lecturer(s) .................................................................................................................................... 5 3.2 Department ................................................................................................................................... 6 3.3 University ...................................................................................................................................... 6 4 RESOURCES ............................................................................................................................... 6 4.1 Prescribed books .......................................................................................................................... 6 4.2 Recommended books ................................................................................................................... 9 4.3 Electronic reserves (e-reserves) ................................................................................................... 9 4.4 Library services and resources information ................................................................................... 9 5 STUDENT SUPPORT SERVICES .............................................................................................. 10 5.1 General ....................................................................................................................................... 10 5.2 Contact with fellow students ........................................................................................................ 10 6 STUDY PLAN ............................................................................................................................. 11 7 PRACTICAL WORK AND WORK-INTEGRATED LEARNING ................................................... 12 8 ASSESSMENT ........................................................................................................................... 12 8.1 Assessment criteria ..................................................................................................................... 12 8.2 Assessment plan ........................................................................................................................ 12 8.2.1 Information about the three assignments ................................................................................... 12 8.2.2 Commentaries on assignments .................................................................................................. 12 8.2.3 General approach to answering essay or problem-type questions in assignments ...................... 13 8.2.4 Guidance on submitting your assignments via the post .............................................................. 15 8.2.5 Guidance on submitting your assignments online via myUnisa .................................................. 15 8.3 Assignment numbers .................................................................................................................. 16 8.3.1 General assignment numbers ..................................................................................................... 16 8.3.2 Unique assignment numbers ...................................................................................................... 16 8.4 Assignment due dates ................................................................................................................ 16 8.5 Submission of assignments ........................................................................................................ 17 8.6 The assignments ........................................................................................................................ 18 Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace MRL3701/101/3/2017 3 8.7 Other assessment methods ........................................................................................................ 19 8.8 The examination ......................................................................................................................... 19 9 FREQUENTLY ASKED QUESTIONS ........................................................................................ 21 10 IN CLOSING ............................................................................................................................... 22 11 ADDENDA CONTAINING THE ASSIGNMENT QUESTIONS .................................................... 23 Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace 4 Dear Student 1 INTRODUCTION We are pleased to welcome you to this undergraduate module in insolvency law, and hope that you will find it both interesting and rewarding. We will do our best to make your study of this module successful. You will be well on your way to success if you start studying early in the semester and resolve to do the assignments properly. This tutorial letter contains important information about this course. We urge you to read it carefully and to keep it at hand when working through the study material, preparing the assignments, preparing for the examination and addressing questions to your lecturers. In this tutorial letter, you will find the assignments for both semesters and instructions on the preparation and submission of the assignments. This tutorial letter also provides all the information you need with regard to the prescribed study material and how to obtain it. Please study this information carefully and make sure that you obtain the prescribed material as soon as possible. We have also included certain general and administrative information about this module. Please study this section of the tutorial letter carefully. Right from the start we would like to point out that you must read all the tutorial letters you receive during the semester immediately and carefully, because they always contain important and, sometimes, urgent information. You must be registered on myUnisa to be able to submit your assignments online, gain access to the library functions and various learning resources, to “chat” to your lecturers and fellow students about your studies and the challenges that you may encounter, and to participate in online discussion forums on myUnisa. Most important, however, is the fact that all the learning units for the module are available on myUnisa, and you will only be able to access the online study material for this module if you have registered on and have access to myUnisa. Please visit the MRL3701 module sites on myUnisa often. The module site for the first semester is MRL3701-17-S1, and the module site for the second semester is MRL3701-17-S2. To access myUnisa, follow this link: and login with your student number and password. You will see MRL3701-17-S1 and MRL3701-17-S2 in the row of modules in the grey blocks across the top of the web page. Click on the module you want to access. Further, please activate your myLife e-mail address, as we will send all official correspondence about this module to your myLife address, and not your private e-mail address. Please consult the booklet my Studies @ Unisa for more information about activating your myLife e-mail address and accessing the MRL3701 module site on myUnisa. We hope that you will enjoy this module and we wish you all the best! Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace MRL3701/101/3/2017 5 2 PURPOSE AND OUTCOMES 2.1 Purpose This module, Insolvency Law (MRL3701), is a third-level module dealing with the law of insolvency (voluntary surrender and compulsory sequestration), and with the liquidation (winding-up) and business rescue of companies and close corporations. 2.2 Outcomes Learning outcomes for this module are found in your study guide, which will be sent to you. You will notice that we have included learning outcomes for each study unit. The learning outcomes at the beginning of each study unit indicate what competence you should be able to demonstrate at the end of this learning experience. We expect you to achieve the learning outcomes. You should be able to achieve these outcomes if you work through the study material by following the guidelines and doing the activities in your study guide. You will also find an application learning outcome as the last outcome in each unit. This learning outcome is a standard feature that will remind you that you need to be able to apply your knowledge in order to carry out the activities and to answer the self-test questions in the particular study unit. 3 LECTURER(S) AND CONTACT DETAILS 3.1 Lecturer(s) The lecturers responsible for this course are: Name: Ms Z Mabe Building and office number: Cas van Vuuren Building 4-101 E-mail address: Telephone number: Name: Prof RG Evans Building and office number: Cas van Vuuren Building 6-105 E-mail address: Telephone number: Name: Prof AD Smith Building and office number: Cas van Vuuren Building 6-134 E-mail address: Telephone number: Name: Ms Z Taljaard Building and office number: Cas van Vuuren Building 6-53 E-mail address: Telephone number: Downloaded by: uzziboy786 | Distribution of this document is illegal S - The study-notes marketplace 6 3.2 Department Letters should be sent to: The Module Leader (MRL3701 – Insolvency Law) Department of Mercantile Law PO Box 392 UNISA 0003 Fax number: 012 – 429 3343 PLEASE NOTE: Letters to lecturers may not be enclosed with or inserted into assignments. 3.3 University Communication with the University If you need to contact the University about matters not related to the content of this module, please consult the publication My studies @ Unisa, which you received with your study material. This booklet contains information on how to contact the University (eg, to whom you may write, important telephone and fax numbers, addresses and details of the times certain facilities are open). Always have your student number at hand when you call the University. 4 RESOURCES 4.1 Prescribed books The study material for this module consists of the following:  Study guide There is one study guide for this module that must be used in conjunction with the prescribed textbook as a guide through the chapters in the textbook.  Tutorial letters (which you will receive during the semester)  One textbook (which you must purchase