UNIT STANDARD TEMPLATE FOR THE STANDARDS …



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|SOUTH AFRICAN QUALIFICATIONS AUTHORITY |

|UNIT STANDARD: 37 |

|Understand the basic principles of South African company law |

|SAQA US ID | |

|SGB NAME |SGB for Quantity Surveying |

|NSB |NSB 12: Physical Planning and Construction |

|NQF LEVEL: |6 |

|CREDITS |15 |

|FIELD |Physical Planning and Construction |

|SUB-FIELD |Physical Planning, Design and Management |

|UNIT STANDARD TYPE |Regular |

|ISSUE DATE | |

|REVIEW DATE | |

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|PURPOSE OF THE UNIT STANDARD |

|The qualifying learner is capable of: |

|Understanding the basic principles of South African company law as they relate to partnerships, trusts, companies and close corporations |

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|Successful completion of this unit standard will contribute towards the full development of a professional community of Quantity |

|Surveyors. The skills, knowledge and understanding to be demonstrated by qualifying learners are essential for economic transformation |

|and social upliftment within environments related to construction and property development |

| |

|LEARNING ASSUMED TO BE IN PLACE |

|NQF Level 5 or equivalent |

|SPECIFIC OUTCOMES AND ASSESSMENT CRITERIA |

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|Specific outcome 1 |Assessment criteria 1 |

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|Understand the nature of juristic persons |The legal difference between natural and juristic persons is explained |

| |The legal differences between sole proprietorships, partnerships, trusts, |

| |companies and close corporations is understood |

| | |

|Specific outcome 2 |Assessment criteria 2 |

| | |

|Understand the general principles of the law relating to |The juristic nature of partnerships is understood |

|partnerships |The principles relating to litigation involving partnerships is understood|

| |Knowledge of the essentials of a partnership is demonstrated |

| |An understanding of special kinds of partnerships eg. extra-ordinary |

| |partnerships, is evidenced |

| |The rights and duties of partners is understood |

| |The relationship between partners and third parties is understood |

| |The principles of law relating to the termination of partnerships is |

| |explained |

| |The consequences of termination are understood |

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|Specific outcome 3 |Assessment criteria 3 |

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|Understand the general principles of the law relating to |3.1 The juristic nature of trusts is understood |

|trusts |3.2 The formation of trusts and relevant legislation is explained |

| |3.3 The appointment of trustees is explained |

| |3.4 The management of trusts, including meetings and reporting, is |

| |understood |

| |3.5 The termination of trusts is explained |

| | |

| | |

|Specific outcome 4 |Assessment criteria 4 |

| | |

|Understand the general principles of the law relating to |The juristic nature of companies is understood |

|companies |Types and forms of companies, and differences to a partnership is |

| |explained |

| |Knowledge regarding companies and the Stock Exchange is demonstrated |

| |The Companies Act and its applicability are understood |

| |The Constitution of a company: memorandum of association and articles of |

| |association, are explained |

| |Knowledge relating to promoters and prospectuses is evidenced |

| |Knowledge relating to incorporation, pre-incorporation contracts and |

| |deregistration is demonstrated |

| |Capital, shares, debentures and bonds are understood |

| |The law relating to members of companies is explained |

| |The law relating to the holding of General Meetings is understood |

| |The law relating to directors of companies: rights and duties; actions; |

| |outsider protection; majority rule and minority protection, is explained |

| |Dividends and profits are understood |

| |Winding up and judicial management are explained |

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|Specific outcome 5 |Assessment criteria 5 |

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|Understand the general principles of the law relating to close|The juristic nature of close corporations is understood |

|corporations |The formation of close corporations and relevant legislation is explained |

| |The management of close corporations, including meetings and reporting, is|

| |understood |

| |The termination of close corporations is explained |

| |

|ACCREDITATION PROCESS, INCLUDING MODERATION OPTIONS |

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|Both normative and summative assessment methods incorporating evaluation techniques to adequately and appropriately achieve the |

|objectives of this Unit Standard, are applied |

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|Summative assessments include integrated assessment to evaluate the learner’s ability to combine various knowledge and skills |

|competencies in such a way that |

|respective specific outcomes are adequately met |

|learning achievements relative to the specific outcomes of this Unit Standard are competently demonstrated |

|embedded / underlying knowledge is applied insofar as it relates to specific outcomes |

|domain knowledge is displayed |

|Moderation options include transparent, affordable |

|peer review (academic - interdisciplinary - work-place practitioners ) |

|assessment of competence by external organisations and in particular the South African Council for the Quantity Surveying Profession, |

|established in terms of the Quantity Surveying Profession Act No 49 of 2000 |

|compliance with the framework and regulations established by the Higher Education Quality Committee of the CHE, which includes the |

|appointment of accredited / registered external examiners / assessors who are external to the provider |

|assessment of competence by professional institutions / inter-disciplinary fraternal associations |

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|RANGE STATEMENTS |

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|The scope of this Unit Standard is related to the performance of work typically undertaken by Quantity Surveyors and which |

|newly-qualified persons are expected to demonstrate in their places of employment, including the ability to |

| |

|understand the nature of juristic persons versus natural persons |

|understand the basic principles of law relating to partnerships |

|understand the basic principles of law relating to trusts |

|understand the basic principles of law relating to companies |

|understand the basic principles of law relating to close corporations |

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|ESSENTIAL EMBEDDED KNOWLEDGE |

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|Refer to Specific Outcomes and related Assessment Criteria |

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|The specific outcomes of this Unit Standard relate to fields of economic activity other than Quantity Surveying, thereby providing |

|career-path options leading to a variety of employment opportunities, for example in |

|banking |

|capital allowances and tax advice |

|construction management |

|contract surveying |

|education and training |

|environmental management |

|equipping / refurbishment / management e g commercial / retail enterprises and hospitality / tourism industry |

|facilities management |

|housing |

|information technology |

|mining |

|project management |

|property brokerage |

|property development |

|property valuation |

|real estate management |

|shipbuilding and maintenance |

|specification writing |

|urban and regional planning |

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|NOTES / SUPPLEMENTARY INFORMATION |

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|Refer to foregoing range statements. Qualifying learners are expected to demonstrate their skills (in terms of Assessment Criteria) |

|within time limits which are acceptable to Assessors / Moderators, relative to the scope of task / assignment production and overall |

|quality of performance |

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