OH 1 Contractual Capacity of Business Entities

Introduction OH 2 Name Position Experience with regard to Credit

OH 3 1.Analyse the Rules Pertaining to a Company 2.Analyse the Rules Pertaining to a Close Corporation 3.Analyse the Rules Pertaining to a Co-operative 4.Analyse the Rules Pertaining to a Trust 5.Analyse the Rules Pertaining to an Informal and a Governing Body Learning Outcomes

OH 4 Learning Objectives 1.Analysing the Rules Pertaining to a Company by: Comprehending the legal nature of a Company Interpreting the formation of a Company Comprehending the types of Companies Comprehending Company communication, officers and capital Interpreting the advantages and disadvantages of a Company Examining accounting and taxation requirements of a Company Examining the limitations of the Act and the Banking requirements of a Company

OH 5 Learning Objectives (Continued) 2.Analysing the Rules Pertaining to a Close Corporation by: Comprehending the legal nature of a Close Corporation Interpreting the formation, membership and capital of a Close Corporation Interpreting the advantages and disadvantages of a Close Corporation Examining accounting and taxation requirements of a Close Corporation Examining the limitations of the Close Corporations Act and the Banking requirements of a Close Corporation

OH 6 Learning Objectives (Continued) 3.Analysing the Rules Pertaining to a Co-operative by: Comprehending the legal nature of a Co- operative Interpreting the formation, membership and capital of a Co-operative Interpreting the advantages and disadvantages of a Co-operative Examining accounting and taxation requirements of a Co-operative Examining the limitations of the Co-operatives Act and the Banking requirements of a Co- operative

Learning Objectives (Continued) 4.Analysing the Rules Pertaining to a Trust by: Comprehending the legal nature of a Trust Interpreting the formation, documentation and membership of a Trust Interpreting the advantages and disadvantages of a Trust Examining accounting and taxation requirements of a Trust Examining the Banking requirements of a Trust OH 7

OH 8 Learning Objectives (Continued) 5.Analysing the Rules Pertaining to an Informal and a Governing Body by: Comprehending the types of Informal Bodies Examining the Banking requirements of an Informal Body Examining the Banking requirements of a Governing Body of a Sectional Title

OH 9 Criteria 1.Analyse the Rules Pertaining to a Company Define a Company Describe a Company as a legal entity Describe the formation of a Company Define the Memorandum of Association List the contents of the Memorandum of Association Define the Articles of Association List the contents of the Articles of Association Define share capital

OH 10 Criteria (Continued) 3.Analyse the Rules Pertaining to a Company Differentiate between a Public Company with share capital and a Private Company with share capital List the criteria for a Company Limited by Guarantee List the criteria for a Section 21 Company List the responsibilities of a Company Secretary Define the role of a Director of a Company List the obligations of a Director of a Company List the individuals who may not be appointed as a Director of a Company Describe the capital of a Private Company Describe the capital of a Public Company

OH 11 Criteria (Continued) 1.Analyse the Rules Pertaining to a Company List the advantages of a Company List the disadvantages of a Company List the contents of the annual financial statements of a Company Describe the taxation of a Company Describe the liability of the members of a Company Describe the powers of a Company if they have accepted Section 34 and Schedule 2 of the Act without amendments Describe the relationship between: A Holding Company A Subsidiary Company A Co-subsidiary A Sub-subsidiary

OH 12 Criteria (Continued) 1.Analyse the Rules Pertaining to a Company Describe Section 37 of the Act Describe the prohibition of Section 38 of the Act List the implications of Section 38 for the Bank Describe the purpose of Section 226 of the Act List the transactions which are in terms of Section 226 of the Act: Absolutely prohibited Conditionally permissible Unconditionally permissible Judge the contractual capacity of a Company

OH 13 Criteria (Continued) 2.Analyse the Rules Pertaining to a Close Corporation Define a Close Corporation Describe a Close Corporation as a legal entity Describe the winding-up of a Close Corporation in terms of Sections 68 and 69 of the Act List the registration requirements of a Close Corporation List the contents of the Founding Statement of the Corporation List the requirements of the members of a Close Corporation Describe the liability of the members of a Close Corporation List the individuals who may not participate in the management of a Close Corporation Describe the capital of a Close Corporation

OH 14 Criteria (Continued) 2.Analyse the Rules Pertaining to a Close Corporation List the advantages of a Close Corporation List the disadvantages of a Close Corporation List the records and registers to be kept and maintained by a Close Corporation Describe the taxation of a Close Corporation Describe the limitations of the Close Corporations Act with regard to: Section 40 Section 52 Section 55 Judge the contractual capacity of a Close Corporation

OH 15 Criteria (Continued) 2.Analyse the Rules Pertaining to a Co-operative Define a Co-operative Describe a Co-operative as a legal entity Describe the winding-up of a Co-operative Describe the formation of a Co-operative Differentiate between the membership of the three types of Co-operatives Describe the liability of the members of a Co- operative List the advantages of a Co-operative

OH 16 Criteria (Continued) 3.Analyse the Rules Pertaining to a Co-operative List the records and registers to be kept and maintained by a Co-operative Describe the taxation of a Co-operative Describe the liability of the members of a Co- operative Describe the limitations of the Co-operatives Act with regard to: Section 49 Section 52 Section 53 Judge the contractual capacity of a Co-operative

OH 17 Criteria (Continued) 4.Analyse the Rules Pertaining to a Trust Define a Trust Describe a Trust as a legal entity List the requirements for a valid trust Describe the Trust Instrument Describe the parties and their respective roles in a Trust List the two main types of Trusts Define a Business Trust

OH 18 Criteria (Continued) 1.Analyse the Rules Pertaining to a Trust List the advantages of a Trust List the disadvantages of a Trust List the accounting records to be kept by a Trust Describe the taxation of a Trust Describe the liability of the members of a Trust Judge the contractual capacity of a Trust

OH 19 Criteria (Continued) 5.Analyse the Rules Pertaining to an Informal and a Governing Body Define an Informal Body List the types of Informal Bodies Describe the contractual capacity of an Informal Body Define a Governing Body of a Sectional Title Describe the Contractual Capacity of a Governing Body

OH 20 Assessment Assessment Type & Definition Formative Assessment: These assessments will include the assessment of some aspects/ components of a learning process and are linked to specific learning outcomes. It will also include feedback to the learner in preparation for a summative assessment. Summative Assessment: This assessment will incorporate the assessment of all aspects / components to conclude the learning process, with the understanding that the learner is ready to be assessed. It is also linked to specific learning outcomes. Methods to be used  Exercises/Activities in your Learner Guide – or E-learning Discussions with your coach Discussions with your fellow learners / colleagues Performed by Trained Assessors When During the learning process As per your assessment plan

OH 21 Symbols Used