MRL2601 Oct/Nov 2023 exam paper — questions
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Question 1.1 · Incorporation and the MOI · 5 marks
Beauty, Phineas and Samson are three friends who wish to start their own publishing company. While driving one Sunday afternoon, Samson comes across the perfect office building and wishes to purchase it on behalf of the proposed company. Advise Samson on the requirements that must be complied with under the Companies Act 71 of 2008 in order to conclude a valid and binding contract on the company's behalf before its incorporation.Show the full question
Question 1.2 · Incorporation and the MOI · 5 marks
Nonhlanhla and Petrus want to start a catering business together, to be called Bayview (Pty) Ltd. Briefly explain the procedure they must follow in order to incorporate the company.Show the full question
Question 1.3 · Shares, dividends and distributions · 5 marks
Everite Ltd recorded an increase in profits for the 2023 financial year, and at a board meeting its directors resolve that dividends should be paid out to the company's shareholders. Set out the requirements, in terms of the Companies Act 71 of 2008, that must be satisfied before these dividends may be declared and paid.Show the full question
Question 1.4 · Shareholders and meetings · 5 marks
Woodin Ltd plans to hold its annual general meeting on 12 June 2024. List any five matters that, in terms of the Companies Act 71 of 2008, must be discussed at this meeting.Show the full question
Question 1.5 · Governance, auditors and committees · 5 marks
Amos is a registered auditor who, until November 2022, served as a director of Antix Intellectual Services (Pty) Ltd. During October 2022 Amos became seriously ill and resigned from his directorship for health reasons, but he has since recovered fully. Identify which persons are disqualified from being appointed as the auditor of a company, and discuss whether Amos may now be appointed with immediate effect as the auditor of Antix Intellectual Services (Pty) Ltd.Show the full question
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