company law

Question 1: (10 Marks) 1.1 Would the agent at the conclusion of a pre-incorporation contract be said to have had the necessary authority from his principal? Set out your reasons if (Yes/No) (4 Marks) 1.2 What is the outcome of a pre-incorporation contract when the company refuses to later on to ratify it? (5 Marks) 1.3 In exceptional circumstances, pre-incorporation contracts may be concluded orally? Yes/No (1 Mark) Question 2 (20 Marks) 2.1 Jack Dill and Tom Hanks decide to set up a partnership, this partnership is said to take on 20 more partners in the next six months, discuss the legality of this pattern as set out in terms of section 35 of The Company's Act 28 of 2004. (10 Marks) 2.2 Perfect Leather Shoes Inc wants to change its company name to "Amazing Quality Leather Shoes Namibia Inc". One of the directors of the company has proposed that the company vote by way of ordinary resolution as changing a company name "is not a big deal, advise whether this is the correct approach or not while quoting the relevant section from The Company's Act 28 of 2004 thereto. (10 Marks) Question 3 (10 Marks) 3.1 Explain the relevance of a moratorium when a company is placed under business rescue (Judicial Management) (5 Marks) 3.2 Set out any 5 consequences of a liquidation order as placed on a company. ( Marks)