LWEL211: Entrepreneurial Law - Pearson Institute of Higher Education - Mrs Maisel - Law Assessment Answer

Subject Code: LWEL211

Law Assessment Answer

Assignment Task: LWEL211 You are approached by Mrs Maisel. Mrs Maisel makes excellent chocolate chip cookies and she has been told by her friends and family that she should start her own chocolate chip cookie business. Mrs Maisel 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. Mrs Maisel has found premises in Midrand that has the perfect kitchen to make chocolate chip cookies in. She wants to enter into a lease agreement with the owner but she is concerned that if she waits for the registration of the company someone else will beat her to it. You need to do the following to assist Mrs Maisel: 1.1 Write a letter to Mrs Maisel in which you: a. Set out which type of company Mrs Maisel should open and explain why. b. Indicate a name for the chosen company (you may determine your own name for the company). c. Indicate if, and to whom the company name should be registered. d. Indicate what options are available to Mrs Maisel 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. f. Provide her with any other information which you would deem relevant to the formation and incorporation of a company. 1.2 Draft notice of incorporation and a memorandum of incorporation for the company. You may use the forms at the Companies and Intellectual Property Commission website: Companies and Intellectual Properties Commission. [Online] Available at: www.cipc.co.za. However, please note that you must amend the memorandum of incorporation to meet Mrs Maisel and the Company’s specific needs (in this respect you must make up any facts you do not have). You will be penalised if you merely use the memorandum of incorporation on the CIPC’s website and do not make it specific to Mrs Maisel’ needs.

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