SULIT

LAW 2053
INTRODUCTION TO PARTNERSHIP & COMPANY LAW
SESSION 2/2021

MAJLIS AMANAH RAKYAT

BAHAGIAN PENDIDIKAN TINGGI
UNIT PEPERIKSAAN DAN PERSIJILAN

ONLINE ASSIGNMENT
KOLEJ PROFESIONAL MARA
SESSION 2/2021

COURSE : INTRODUCTION TO PARTNERSHIP & COMPANY LAW

COURSE CODE : LAW 2053
ASSESSMENT TITLE : PROMOTER & EFFECT OF INCORPORATION
COURSE LEARNING Evaluate the nature, management and winding up of a company
OUTCOME (CLO) : in Malaysia according to Companies Act 2016 (C6, PLO6)

DATE OUT : 15TH OCTOBER 2021 AT 1.00 PM

DATE IN : 17TH OCTOBER 2021 AT 1.00 PM

TASK MARKS
Instructions:

• This question paper consists of TWO questions.

• Answer ALL questions in Microsoft Word file then
convert to PDF.
• Rename your file as NAME_CLASS
• Email your answer to lecturer@mara.gov.my

FULL
QUESTION NUMBER MARKS
MARKS
QUESTION ONE 15
QUESTION TWO 15
Total Marks 30

STUDENT’S NAME :
ID NUMBER :
CLASS :

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 SULIT
LAW 2053
INTRODUCTION TO PARTNERSHIP & COMPANY LAW
SESSION 2/2021

QUESTION

Ahmad incorporates Sejahtera Enterprise which deals with a construction business. While
he incorporates the company, he entered into a contract in purchasing a building for RM
100,000 from Mr. Chan which later both of them conspired to sell the building to Sejahtera
Enterprise for RM 200,000. They agreed that Ahmad could keep RM 50,000 from the
profits if they were able to sell it to the company.

Eventually after the incorporation of the company, Fatimah and Siti become the directors
of the company and they found out about the building. They tried to terminate the
contract. On the other hand, Ahmad stated that he is no longer part of the company
therefore the company cannot take legal action against him.

While trying to solve the problem, Fatimah and Siti met with a fatal accident where both
died at the scene. The problem is they are the only members of the company. Due to
death of Siti and Fatimah, Ahmad argued that the company will be wound up as there is
no longer members in the company. The company also cannot take actions against Ahmad
as the company is consider as winding up.

I. Discuss whether Sejahtera Enterprise can take actions against Ahmad as he

claimed that he is no longer connected to the company after the company has
been incorporated.
(15 marks)

II. Discuss whether company will be automatically wind up after the death of all
members of the company and whether the company still could take actions against
Ahmad.
(15 marks)

[TOTAL: 30 MARKS]

END OF QUESTIONS

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LAW 2053
INTRODUCTION TO PARTNERSHIP & COMPANY LAW
SESSION 2/2021

SEMESTER FINAL ASSESSMENT 2/2021

SESSION ASSIGNMENT RUBRIC
COURSE: INTRODUCTION TO PARTNERSHIP AND COMPANY LAW (LAW 2053)

Each answer must fulfill the following rubric:

DIVISION CRITERIA MARKS

• Identify the relevant issue. 1 mark

ISSUE • Relate the issue with the general law 1 mark
(2 marks) applied in the question.

LEGAL • Identify the relevant legal provision. 1 mark

PRINCIPLES • Identify the relevant legal principles. 2 marks
(5 marks) • Explanation on the relevant legal 2 marks
principles.

REFERRED Reference towards relevant decided cases: 1 mark

CASES • Name of the case 1 mark
(2 marks) • Facts of the case & Court’s decision

• Provide relevant decision. 1 mark

• Analyze the issue and provide critical 2 marks
ARGUMENTATIVE
argumentations on the issue. 1 mark
(4 marks)
• Provide recommendation of judgements
towards each of the issues.

CONCLUSION • The summary of the whole discussion. 1 mark

(2 marks) • Firmly state the final judgment of the 1 mark
whole issues.

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