LML4806
Assignments PACK
2015-2021
Tut201 Letters
Questions. Answers
, LML4806/201/1/2021
Tutorial Letter 201/1/2021
Company Law
Semesters 1 and 2
Department of Mercantile Law
This tutorial letter contains important information
about your module.
BARCODE
, LML4806/201/1/2021
CONTENTS
Page
1 FEEDBACK ON ASSIGNMENT 01 .............................................................................................. 3
2 FEEDBACK ON ASSIGNMENT 02 .............................................................................................. 5
3 CONCEPT EXAMINATION QUESTIONS FOR PURPOSES OF REVISION ................................ 8
4 FEEDBACK ON THE CONCEPT EXAMINATION QUESTIONS ................................................ 12
5 GENERAL COMMENTS REGARDING THE EXAMINATION .................................................... 20
2
, LML4806/201/1/2021
Dear Student
The aim of this tutorial letter is to provide you with guidelines to answering the compulsory
assignments, Assignments 01 and 02, and the concept examination questions for revision
purposes. These guidelines are not model answers. You should also consult the relevant
sections of the Companies Act 71 of 2008, the study guide and the prescribed textbook to which
you are referred for further details.
Note that the concept exam questions merely serve as examples of how questions are asked in
the examination. In order to pass this module, you should study all the prescribed work.
1 FEEDBACK ON ASSIGNMENT 01
QUESTION
Ayanda is a shareholder of Codex (Pty) Ltd. She receives a notice of a meeting of the
company’s shareholders to vote on the appointment of Sifiso as a director of the company.
Ayanda attends the meeting with the intention to vote in favour of Sifiso’s appointment as a
director. Codex (Pty) Ltd has five shareholders, but only Ayanda and Eric, who each hold 10%
of the voting rights in the company, attend the meeting. With reference to the relevant
provisions of the Companies Act 71 of 2008, advise Codex (Pty) Ltd whether a quorum of the
shareholders is present at the meeting. (10)
FEEDBACK
The key issue in this question is the quorum at a shareholders meeting – both the quorum for a
shareholders meeting to begin and the quorum for a matter to be considered.
The relevant statutory provisions/principles:
The provisions of section 64 of the Companies Act 71 of 2008 are relevant. You should have
then set out the following provisions of section 64 that are relevant to this question:
• A meeting may not begin until sufficient persons are present at the meeting to
exercise, in aggregate, at least 25% of all of the voting rights that are entitled to be
exercised in respect of at least one matter to be decided at the meeting.
3
Assignments PACK
2015-2021
Tut201 Letters
Questions. Answers
, LML4806/201/1/2021
Tutorial Letter 201/1/2021
Company Law
Semesters 1 and 2
Department of Mercantile Law
This tutorial letter contains important information
about your module.
BARCODE
, LML4806/201/1/2021
CONTENTS
Page
1 FEEDBACK ON ASSIGNMENT 01 .............................................................................................. 3
2 FEEDBACK ON ASSIGNMENT 02 .............................................................................................. 5
3 CONCEPT EXAMINATION QUESTIONS FOR PURPOSES OF REVISION ................................ 8
4 FEEDBACK ON THE CONCEPT EXAMINATION QUESTIONS ................................................ 12
5 GENERAL COMMENTS REGARDING THE EXAMINATION .................................................... 20
2
, LML4806/201/1/2021
Dear Student
The aim of this tutorial letter is to provide you with guidelines to answering the compulsory
assignments, Assignments 01 and 02, and the concept examination questions for revision
purposes. These guidelines are not model answers. You should also consult the relevant
sections of the Companies Act 71 of 2008, the study guide and the prescribed textbook to which
you are referred for further details.
Note that the concept exam questions merely serve as examples of how questions are asked in
the examination. In order to pass this module, you should study all the prescribed work.
1 FEEDBACK ON ASSIGNMENT 01
QUESTION
Ayanda is a shareholder of Codex (Pty) Ltd. She receives a notice of a meeting of the
company’s shareholders to vote on the appointment of Sifiso as a director of the company.
Ayanda attends the meeting with the intention to vote in favour of Sifiso’s appointment as a
director. Codex (Pty) Ltd has five shareholders, but only Ayanda and Eric, who each hold 10%
of the voting rights in the company, attend the meeting. With reference to the relevant
provisions of the Companies Act 71 of 2008, advise Codex (Pty) Ltd whether a quorum of the
shareholders is present at the meeting. (10)
FEEDBACK
The key issue in this question is the quorum at a shareholders meeting – both the quorum for a
shareholders meeting to begin and the quorum for a matter to be considered.
The relevant statutory provisions/principles:
The provisions of section 64 of the Companies Act 71 of 2008 are relevant. You should have
then set out the following provisions of section 64 that are relevant to this question:
• A meeting may not begin until sufficient persons are present at the meeting to
exercise, in aggregate, at least 25% of all of the voting rights that are entitled to be
exercised in respect of at least one matter to be decided at the meeting.
3
