Q.3.1 You have been appointed as the legal advisor to a company, Xcite (Pty) Ltd. On your first day, the company receives a summons suing the CEO in his personal capacity for the utility bill of the company. He has signed no surety in respect of the account and the MOI is silent regarding the personal liability of any of the Directors in respect of the debts of the company. Provide the CEO with a legal opinion in which you discuss: • legal personality of juristic persons; • the consequences of Xcite (Pty) Ltd’s incorporation; • circumstances when the court will ignore juristic personality; and • circumstances when the directors of an incorporated company would ‘normally’ be liable. Q.3.2 Briefly explain the consequences of the letters ‘RF’ being placed after the company name “Xcite (Pty) Ltd”

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Q.3.1 You have been appointed as the legal advisor to a company, Xcite (Pty) Ltd. On your first day, the company receives a summons suing the CEO in his personal capacity for the utility bill of the company. He has signed no surety in respect of the account and the MOI is silent regarding the personal liability of any of the Directors in respect of the debts of the company. Provide the CEO with a legal opinion in which you discuss:
• legal personality of juristic persons;
• the consequences of Xcite (Pty) Ltd’s incorporation;
• circumstances when the court will ignore juristic personality; and
• circumstances when the directors of an incorporated company would ‘normally’ be liable. 

Q.3.2 Briefly explain the consequences of the letters ‘RF’ being placed after the company name “Xcite (Pty) Ltd”. 

 

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