Assignment Paper - Eduvos

Eduvos (Pty) Ltd (formerly Pearson Institute of Higher Education) is registered with
the Department of Higher Education and Training as a private higher education

institution under the Higher Education Act, 101, of 1997. Registration Certificate
number: 2001/HE07/008.
Date: Monday, 12 February 2024, 12:18 PM
LWELA2-11 Assessments (2024)

Assignment Paper
1. Assignment
Faculty Name: Commerce and Law
Module Code: LWELA2
Module Name: Entrepreneurial Law Block 1
Content Writer: Christo Fritz
Module Coordinator: Jeffrey Mashele
Copy Editor: Mishka Mahadev
Total Marks: 70
Submission Date: 3 March 2024
This module is presented on NQF level 6.
5% will be deducted from the group assignment mark for each calendar day the assignment is submitted
late, up to a maximum of three calendar days.
Assignments submitted later than three calendar days after the deadline or not submitted will get 0%.[1]
This is a group assignment.
Groups should consist of 3 - 4 members.
This assignment contributes 25% towards the final mark.
https://mylms.vossie.net/mod/book/tool/print/index.php?id=473778 2024/02/12, 12 18
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[1] Under no circumstances will assignments be accepted for marking after the assignments of other
students have been marked and returned to the students.
2. General Instructions to Students (Group)
1. Please ensure that your answer file (where applicable) is named as follows before submission: Module
Code - Assessment Type - Campus Name - Student Number.
2. Remember to keep a copy of all submitted assignments.
3. All work must be typed.
4. Please note that you will be evaluated on your writing skills in all your assignments.
[1]
5. All work must be submitted through Turnitin. The full originality report will be automatically generated
and available for the lecturer to assess. Negative marking will be applied if you are found guilty of plagiarism,
poor writing skills, or if you have applied incorrect or insufficient referencing. (See the table at the end of this
document where the application of negative marking is explained.)
6. You are not allowed to offer your work for sale or to purchase the work of other students (groups). This
includes the use of professional assignment writers and websites, such as Essay Box. If this should happen,
Eduvos reserves the right not to accept future submissions from you (group).
7. One group member should be nominated to submit the assessment on behalf of the group. Multiple
submissions by various group members will result in an inflated similarity index on Turnitin.
8. Students are not allowed to use any artificial intelligence tools to complete the assignment in any manner.
9. In text referencing to be used – Harvard referencing style.
10. The assignment body is limited to a maximum of 4 pages. This excludes the title page and/or cover page
and/or table of contents and/or bibliography.
[1] Refer to the Eduvos Policy for Intellectual Property, Copyright and Plagiarism Infringement, which is
available on myLMS.
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3. Assignment Format and Structure
You (group) must adhere to the following assignment requirements when writing and submitting the
assignment:
Use Arial, font size 12.
Language – UK English.
Include a title page, a table of contents, page numbers and bibliography.
Include the completed Assessment Coversheet (available on myLMS).
The assignment body is limited to a maximum of 4 pages. This excludes title page and/or cover page
and/or table of contents and/or bibliography.
Ensure any diagrams, screenshots, and PowerPoint presentations fit correctly on the page and are
referenced.
Use the correct referencing method throughout the assignment – Harvard referencing Style (in-text
referencing).
Include an alphabetical bibliography based on the applicable referencing method at the end of the
assignment.
Check spelling, grammar, and punctuation before submission.
Run the assignment through Turnitin software.
Keep proof of submission and assignment.
Use of headings.
Numbering headings.
Page numbering.
Text justified.
Essential Embedded Knowledge and Skills Required of Students
Report-writing skills
Ability to analyse scenarios/case studies.
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Understanding of subject field concepts and definitions.
Ability to apply theoretical knowledge to propose solutions to real-world problems.
Referencing skills.
Resource Requirements
A device with internet access for research.
A desktop or personal computer for typing assignments.
Access to a library or resource centre.
Prescribed reading resources.
Delivery Requirements (evidence to be presented by students)
[1]
A typed assignment.
A Turnitin originality report.
Minimum Reference Requirements
At least five references for first year, ten references for second year, and fifteen references for third year.
Additional reading is required to complete this assignment successfully. You (group) need to include the
following additional information sources:
Printed textbooks/e-books.
Printed/online journal articles.
Academic journals in electronic format accessed via ProQuest or other databases.
Periodical articles, e.g. business magazine articles.
Information or articles from relevant websites.
Other information sources, e.g. geographic information (maps), census reports, interviews.
Note
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It is crucial that students reference all consulted information sources by
means of in-text referencing (Harvard referencing-style) and a bibliography,
according to the applicable referencing method.
Negative marking will be applied if a student commits plagiarism, i.e. using

information from information sources without acknowledgement of and
reference to the original source.
In such cases, negative marking, also known as ‘penalty scoring’, is the

practice of subtracting marks for insufficient/incorrect referencing.
Consult the table at the end of this document, which outlines how negative
marking will be applied as well as the way in which it will affect the
assignment mark.
Plagiarism
Every assignment must be submitted through Turnitin. The similarity index in the originality report must be
interpreted by the lecturer and penalties applied accordingly. Note: The group must endeavour to submit
an assignment with the lowest possible similarity report.
Negative marking must be applied if a student has not complied with the minimum reference requirements
and/or referencing style. See the table at the end of this document in which negative marking is
explained.
Essays and Long Questions
Answers to essay questions and longer questions must be written in the requested format.
In-text referencing must be provided in the answer.
All information sources used in the assignment must be included in the bibliography of the assignment.
[1] Refer to the Conditions of Enrolment for more guidance (available on myLMS).
4. Section A
Learning Objective
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This assignment will consider the following Learning Outcomes in the Module Guide:
LO2: Identify and explain the legal concepts that can affect the existence of a company.
LO3: Identify and apply legal principles relating to capacity and representation of a company.
LO4: Discuss the legal principles relating to corporate finance as detailed in the Companies Act.
This assignment will also allow you to gain practical insight into the incorporation of a company.
Assignment Topic
Formulate a business letter in which you provide advice on which is the correct company to register, set out
aspects pertaining to company registration, and consider the concept of pre-incorporation contracts.
Furthermore, draft a legal opinion on the concept of separate legal personality.
Scope
Scope to be covered: Weeks 0 - 2 with specific reference to the topics mentioned under the assignment
topic.
You are expected to consult the following resources:
Davis, D. and Geach, W. (eds.). 2021. Companies and other Business Structures in South Africa. 5th
edn. Goodwood: Oxford University Press.
Companies Act 71 of 2008.
At least three other law sources that are either law journal articles or law textbooks.
Technical Aspects
One group member should be nominated to submit the assessment on behalf of the group. Multiple
submissions by various group members will result in an inflated similarity index on Turnitin.
Marking Criteria
Marks will be allocated as per the rubric set out below.
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4.1. Question 1
Study the scenario and complete the question(s) that follow:
You are approached by Kia Zair. Kia makes handmade candles and she has
been told by her friends and family that she should start selling her handmade
candles. She is so excited and can’t wait to name her business KZ Candles.
Kia requires your assistance in setting up her business in such a way that it
complies with the laws of South Africa. She has heard about ‘the new
Companies Act’ and knows that her business should be registered, but other
than that she is completely clueless. She wants to register a close corporation
as she does not need an expensive company.
Kia is concerned that someone else is going to register a company with her
business name because she told a friend about her idea and that friend wrote
down the company name.
Kia has found a premises in Zamawathu that has the location close to her
suppliers and buyers.
She wants to enter into a lease agreement with the owner of the premises in
Zamawathu but also knows that the registration process may take a while.
Source: Fritz, C. 2024
You need to do the following to assist Kia:
Write a formal business letter, of no longer than 2 pages, to Kia in which you:
a. Set out which type of company Kia should open in the given circumstances and explain why.
b. Advise whether the name she has chosen for her company complies with the laws of South Africa.
c. Advise Kia on her concerns pertaining to the name of the company and what she can do to secure it.
d. Indicate what options are available to Kia in respect of entering into the lease agreement before the
registration of the company.
e. Indicate what the registration process of such a company is.
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f. Provide her with any other information which you would deem relevant to the formation and incorporation
of a company.
[Sub Total 30 Marks]
4.2. Question 2
Study the scenario and complete the question(s) that follow:
Amajuba (Pty) Ltd experienced an amazing 2023 in terms of sales which

resulted in double their annual turnover from 2022.
Considering all the financial statements of Amajuba (Pty) Ltd, the managing
director sends out an email to the board of directors with a request. The
request is to declare dividends to all shareholders and to buy back some of
Amajuba (Pty) Ltd shares previously issued to raise their equity instead of
their debt. This will be the first time in the existence of Amajuba (Pty) Ltd to
take this step but the managing director indicates that the financial statements
are “healthy” and that and that nothing else matters considering the request.
One of the directors on the board, Mrs Ermias, is not convinced that the
process is this simple and suggests in her reply to the board of directors that a
legal opinion is obtained. Amajuba (Pty) Ltd’s board of directors approaches
you for a legal opinion.
Source: Fritz, C. 2024
Draft a legal opinion to Bridge (Pty) Ltd. Your opinion should be no more than 2 pages.
[Sub Total 30 Marks]
5. Section B - Rubric
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Technical and Structural Compliance of Assignment
Criteria Non-Compliance Partial Complied

Compliance
Technical 0 1 2
Presentation:
Types
Arial
Font size 12
1.5 spacing
Spelling and 0 0.5 1

Grammar:
English U.K.
Structural 0 1 2
Presentation:
Cover page
(student
names,
surnames,
number)
Table of
Content
Headings
Numbering of
headings
Justified text
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Page
numbering
Citing and 0–1 2–5 5

Referencing:
Number of
sources as per
instruction
Quality of
sources
Ample varied
sources
indicate actual
research
Relevance of
sources used
Recent sources
used
In-text
referencing.
Harvard
referencing
style used
Bibliography
used and
sources listed
alphabetically
Total mark: Technical and /10

Structural Compliance
Content – Question 1
Criteria Unacceptable Acceptable Good
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Interpretation of 0–2 3–4 5–6
information
Inadequate interpretation and Adequate to good Data highly relevant

inclusion of irrelevant interpretation of throughout study.
information. relevant sources.
Little irrelevant data

included.
Application of 0–2 3–4 5–7

information
Poor gathering/interpretation Some relevant data Relevant and

of data and application to applied to topic in abundance of data
topic. more or less orderly, gathered and correctly
systematic and applied to topic.
Lack of systematic, orderly academic fashion.
arguments/discussions. Strong, systematic
applications and
discussions
throughout.
Insight into topic and 0 – 2 3–4 5–6

understanding of field
surrounding topic
Poor to no insight into Average to good Student has mastered

topic/surrounding areas. insight into topic and topic and exhibits
surrounding areas. excellent
Ambiguous and confusing understanding into
statements/arguments at Good explanations surrounding areas.
times. and elaborations.
Clear explanations
and elaborations.
Total mark: Question 1 /30
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Content – Question 2
Criteria Unacceptable Acceptable Good
Interpretation of 0 – 2 3–4 5–6

information
Inadequate Adequate to Data highly

interpretation and good relevant
inclusion of irrelevant interpretation of throughout
information relevant study.
sources.
Little irrelevant
data included.
Application of 0–2 3–4 5–7

information
Poor Some relevant Relevant and

gathering/interpretation data applied to abundance of
of data and application topic in more or data gathered
to topic. less orderly, and correctly
systematic and applied to topic.
Lack of systematic, academic
orderly fashion. Strong,
arguments/discussions. systematic
applications
and
discussions
throughout.
Insight into topic 0 – 2 3–4 5–6

and
understanding of
field surrounding
topic
Poor to no insight into Average to Student has
topic/surrounding good insight mastered topic
areas. into topic and and exhibits
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Ambiguous and surrounding excellent
confusing areas. understanding
statements/arguments into
at times. Good surrounding
explanations areas.
and
elaborations. Clear
explanations
and
elaborations.
Total mark: Question 2 /30
6. Section C - Plagiarism and Referencing
Plagiarism and Referencing
Eduvos places high importance on honesty in academic work submitted by students and adopts a zero-
tolerance policy on cheating and plagiarism. In academic writing, any source material, e.g. journal articles,
books, magazines, newspapers, reference material (dictionaries), or online resources (websites, electronic
journals, or online newspaper articles), must be properly acknowledged. Failure to acknowledge such
material is considered plagiarism; this is deemed an attempt to mislead and deceive the reader and is
unacceptable.
Eduvos adopts a zero-tolerance policy on plagiarism; therefore, any submitted assessment that has been
plagiarised will be subject to severe penalties. Students who are found guilty of plagiarism may be subject to
disciplinary procedures, and outcomes may include suspension from the institution or even expulsion.
Therefore, students are strongly encouraged to familiarise themselves with referencing techniques for
academic work. Students can access the Eduvos referencing guides on myLMS.
7. Negative Marking
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Second-year Students
A minimum of 10 additional information sources must be consulted and correctly cited.
If no additional information sources have been used, a full 10% must be deducted.
Deduct 1% per missing resource of the required 10. For example:
If only five resources cited, deduct 5%.
If only three resources cited, deduct 7%.
Markers to apply the penalties for Category A for insufficient sources and incorrect referencing style.
To determine the actual overall similarity percentage and plagiarism, markers must interpret the Turnitin
Originality Report with reference to credible sources used and then apply the penalties as per the scale in
the Policy for Intellectual Property, Copyright and Plagiarism Infringement.
The similarity report alone is not an assessment of whether work has or has not been plagiarised. Careful
examination of both the submitted paper/assignment/project and the suspect sources must be done.
Category A
Minimum Reference Requirements Deduction from Final Mark
No additional information sources have been used or referenced. 10%
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Eduvos (Pty) Ltd (formerly Pearson Institute of Higher Education) is registered with

the Department of Higher Education and Training as a private higher education

Date: Monday, 12 February 2024, 12:18 PM

LWELA2-11 Assessments (2024)

Faculty Name: Commerce and Law

Module Code: LWELA2

Module Name: Entrepreneurial Law Block 1

Content Writer: Christo Fritz

Module Coordinator: Jeffrey Mashele

Copy Editor: Mishka Mahadev

Submission Date: 3 March 2024

This module is presented on NQF level 6.

This is a group assignment.

Groups should consist of 3 - 4 members.

This assignment contributes 25% towards the final mark.

2. General Instructions to Students (Group)

2. Remember to keep a copy of all submitted assignments.

3. All work must be typed.

9. In text referencing to be used – Harvard referencing style.

Use Arial, font size 12.

Include a title page, a table of contents, page numbers and bibliography.

Include the completed Assessment Coversheet (available on myLMS).

Check spelling, grammar, and punctuation before submission.

Run the assignment through Turnitin software.

Keep proof of submission and assignment.

Essential Embedded Knowledge and Skills Required of Students

Ability to analyse scenarios/case studies.

Ability to apply theoretical knowledge to propose solutions to real-world problems.

A device with internet access for research.

A desktop or personal computer for typing assignments.

Access to a library or resource centre.

Prescribed reading resources.

Delivery Requirements (evidence to be presented by students)

A Turnitin originality report.

Minimum Reference Requirements

Printed/online journal articles.

Academic journals in electronic format accessed via ProQuest or other databases.

Periodical articles, e.g. business magazine articles.

Information or articles from relevant websites.

Negative marking will be applied if a student commits plagiarism, i.e. using

In such cases, negative marking, also known as ‘penalty scoring’, is the

Essays and Long Questions

In-text referencing must be provided in the answer.

Furthermore, draft a legal opinion on the concept of separate legal personality.

You are expected to consult the following resources:

Companies Act 71 of 2008.

Marks will be allocated as per the rubric set out below.

Study the scenario and complete the question(s) that follow:

Source: Fritz, C. 2024

You need to do the following to assist Kia:

e. Indicate what the registration process of such a company is.

[Sub Total 30 Marks]

Study the scenario and complete the question(s) that follow:

Amajuba (Pty) Ltd experienced an amazing 2023 in terms of sales which

Source: Fritz, C. 2024

[Sub Total 30 Marks]

Criteria Non-Compliance Partial Complied

Spelling and 0 0.5 1

Citing and 0–1 2–5 5

Total mark: Technical and /10

Criteria Unacceptable Acceptable Good

Inadequate interpretation and Adequate to good Data highly relevant

Little irrelevant data