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Chartered Secretaries Southern Africa CSSA Programme 2 Module Outline and Syllabus Programme 2: CSSA Vers 1.2017 1 Programme 2 CSSA Important Note: this programme has been registered on the NQF as follows: SAQA ID NLRD ID Learning Programme title (of the professional qualifying scheme) Provider NQF level Min Credits 60653 60149 Professional Qualification: Governance and Administration Chartered Secretaries Southern Africa 6 120 Candidates, who pass all subjects in the CSSA Programme 2 to the satisfaction of CSSA’s examiners, are eligible to apply for Licentiate Membership of the Chartered Institute of Business Management (LCIBM). The Membership certificate and the right to use the letters LCIBM will be valid only as long as the Member continues to renew Membership on an annual basis and pay the required subscription fee. Please refer to separate documentation on the criteria for and benefits of Membership of the CIBM. Candidates who proceed to complete all four CSSA qualifying programmes to the satisfaction of CSSA’s examiners will then be eligible for Graduate of CSSA status (GradICSA) and may then proceed to acquire the necessary work experience and on demonstrating the required levels of personal and professional integrity, may be admitted as an Associate Member of the CSSA (ACIS). Only on admission as an Associate or a Fellow member of CIS, may one call oneself a Chartered Secretary and apply to the Institute to be eligible to practise as an Accounting Officer in terms of the relevant legislation as amended from time to time. Programme 2 consists of FIVE modules. Disclaimer: Please note that a prescribed textbook may not necessarily cover every aspect of a syllabus. The Institute examines the syllabus and any omissions should be researched personally or be provided by your tuition provider. Please also note that many publishers are switching to e-books and hard copies may no longer be available. 1. MANAGING INFORMATION SYSTEMS (20 credits) 1.1 Prescribed Textbook INFORMATION SYSTEMS IN A BUSINESS ENVIRONMENT Author: Wessels, et al. ISBN: 9780409105940 Publishers: Lexis Nexis ELO 1 Demonstrate an understanding of types of information needed within an organisation Chapters 1, 8 Associated Assessment Criteria 1.1 The basic concepts of Information, Information Systems, Business Information Systems and system development are identified and a demonstration is given of the purpose of each. [Range statement: Input, processing, output, feedback.]. 1.2 An understanding of Performance based systems.

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Chartered Secretaries Southern Africa CSSA Programme 2 – Module Outline and Syllabus

Programme 2: CSSA Vers 1.2017 1

Programme 2 – CSSA

Important Note: this programme has been registered on the NQF as follows:

SAQA ID NLRD ID Learning Programme title (of the professional qualifying scheme) Provider NQF level Min Credits

60653 60149 Professional Qualification: Governance and Administration Chartered Secretaries Southern Africa 6 120

Candidates, who pass all subjects in the CSSA Programme 2 to the satisfaction of CSSA’s examiners, are eligible to apply for Licentiate Membership of the Chartered Institute of

Business Management (LCIBM). The Membership certificate and the right to use the letters LCIBM will be valid only as long as the Member continues to renew Membership on an

annual basis and pay the required subscription fee. Please refer to separate documentation on the criteria for and benefits of Membership of the CIBM.

Candidates who proceed to complete all four CSSA qualifying programmes to the satisfaction of CSSA’s examiners will then be eligible for Graduate of CSSA status (GradICSA)

and may then proceed to acquire the necessary work experience and on demonstrating the required levels of personal and professional integrity, may be admitted as an Associate

Member of the CSSA (ACIS). Only on admission as an Associate or a Fellow member of CIS, may one call oneself a Chartered Secretary and apply to the Institute to be eligible to

practise as an Accounting Officer in terms of the relevant legislation as amended from time to time.

Programme 2 consists of FIVE modules.

Disclaimer: Please note that a prescribed textbook may not necessarily cover every aspect of a syllabus. The Institute examines the syllabus and any omissions should be

researched personally or be provided by your tuition provider. Please also note that many publishers are switching to e-books and hard copies may no longer be available.

1. MANAGING INFORMATION SYSTEMS (20 credits)

1.1 Prescribed Textbook

INFORMATION SYSTEMS IN A BUSINESS ENVIRONMENT

Author: Wessels, et al.

ISBN: 9780409105940

Publishers: Lexis Nexis

ELO 1 Demonstrate an understanding of types of information needed within an organisation

Chapters 1, 8

Associated Assessment Criteria

1.1 The basic concepts of Information, Information Systems, Business Information Systems and system development are

identified and a demonstration is given of the purpose of each. [Range statement: Input, processing, output,

feedback.].

1.2 An understanding of Performance based systems.

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Programme 2: CSSA Vers 1.2017 2

1.3 An appreciation of the careers in Information Systems.

ELO 2 Demonstrate a working knowledge of computer hardware and software.

Chapters 4, 5

Associated Assessment Criteria

2.1 The basic components of a computer are identified and a demonstration is given of the purpose of each.

2.2 An understanding of the needs for different types of computers from the largest to the smallest. [Range statement:

Handheld, portable, thin client, desktop, workstations, mainframe, super computers]

2.3 An understanding of the concepts of Systems software. [Range statement: Operating systems, workgroup operating

systems]

2.4 An understanding of the concepts of application software.

2.5 An understanding of modern software issues and trends

ELO 3 Demonstrate the understanding of the concepts of databases.

Chapters 3, 5

Associated Assessment Criteria

3.1 Show an understanding of the need for data management.

3.2 Demonstrate the need for data modelling

3.3 Demonstrate an understanding of the relational Database model.

3.4 Demonstrate an understanding of the role of the Database Management System (DBMS).

ELO 4 Show an understanding of the role of telecommunications in the modern organization.

Chapter 6

Associated Assessment Criteria

4.1 An explanation is given of the purpose and functioning of a simple local area network

4.2 An explanation is given of how the application of simple local area networks are used to address business needs.

4.3 A simplified network diagram is produced to explain how information is transmitted throughout the business

[Range statement: WANs, LANs, switches, routers, hubs and modems]

4.4 The structure and functioning of an Intranet are outlined to support the business strategy

[Range statement: Its role as a resource, and its use for information access and publishing processes]

4.5 Show an understanding of the Internet, the World Wide Web and telecommunications

4.6 The structure and functioning of an extranet are outlined to support the business strategy.

ELO 5 Enunciate criteria for consideration prior to the computerisation of electronic business

Chapters 10, 11

Associated Assessment Criteria

5.1 Demonstrate an understanding of the infrastructure, technology and development electronic business

5.2 Demonstrate an understanding of Transaction Processing System (TPS)

5.3 A demonstration is given to show a basic knowledge of the Management and control of a TPS

5.4 Demonstrate an understanding of the Enterprise Resource Planning (ERP) systems

ELO 6 Show an understanding of the role of Decision Support Systems (DSS)

Chapters 2, 11

Associated Assessment Criteria

6.1 The features of Executive Information Systems and their application to the business are identified and explained with a

view to enhancing governance and administration

[Range statement: decision support systems]

6.2 Show an understanding of the components of a DSS

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6.3 The merits of operational systems as they apply to the organisation's functions are outlined to support decision making

and minimise risk

[Range statement: Finance, marketing, production and human resource departments]

ELO 7 Show an understanding of certain specialised systems.

Chapter 5 Associated Assessment Criteria

7.1 Show an understanding of artificial intelligence

7.2 Show an understanding of Expert Systems

ELO 8 Demonstrate a working knowledge of the issues of computer security.

Chapter 9

Associated Assessment Criteria

8.1 Show an understanding of the goals of Information Security

8.2 Show an awareness of the risks to hardware, software and online systems.

8.3 Show an understanding of the controls needed for computer security.

[Range statement: Access controls, Data entry controls, audit trail, Backup.]

8.4 Demonstrate an understanding of security measures.[Range statement: Firewalls, encryption, digital signatures]

8.5 Demonstrate an understanding of the need for recovery procedures. [Range statement: Business Recovery Plan.]

2. MANAGEMENT PRINCIPLES (20 credits)

2.1 Prescribed Text:

MANAGEMENT PRINCIPLES — A CONTEMPORARY EDITION FOR AFRICA

Authors: Smit, J Cronjé, Brevis, Vrba

ISBN: 9780702172816

Publisher: Juta Academic

FUNDAMENTALS OF HUMAN RESOURCES MANAGEMENT (relevant sections)

Author: Dorothy Varley

ISBN: 978-1919786766

Publishers: FutureManagers

Exit Level Outcome: Understand basic business management principles

Assessment Criteria Textbook reference

• A business structure and its organising features are identified and quantified for its intended market

Range: STEEP factors, HR management and labour relations systems

• Part I: The nature of management

o Introduction to management

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Programme 2: CSSA Vers 1.2017 4

Assessment Criteria Textbook reference

o The evolution of management theory

o Management and the environment

• Basic management functions and techniques are applied to assess the performance (or, planned

performance) of a business

Range: management functions and leadership styles; total quality management, quality circles, world

class manufacturing, employment equity; stakeholders: Professional managers, board of directors,

customers, suppliers, staff, unions

• Part I: The nature of management

o Planning: goal formulation, strategic planning, managerial

decision making, information management

o The management environment

• Part II: Planning

o The planning process

o Goal formulation

o Strategic planning

o Creative problem solving and decision making

o Information management

• Part III: Organising

o Organising and delegating

o Managing change: culture, innovation and technology

o Managing diversity

• Part IV: Leading

o Leadership

• Part V: Controlling

• Areas within the business flow where constraints or bottlenecks can occur are identified

• The application of alternative management and marketing structures and strategies is analysed

Range: Total quality management, quality circles, world class manufacturing, employment equity; team

concepts

• Part IV: Leading

• Leadership

o Groups and teams in the organisation

o Motivation

o Communication and interpersonal relationships

• The role and importance of Human Resource Management and Labour Relations in the organisation are

identified

Range: Relevant legislation in the organisation: Basic Conditions of Service, Labour Relations,

Employment Equity, Occupational Health & Safety Act, Skills Development Act, Skills Levies Act; HR

Provisioning: placement, probation, transfers, promotion, retrenchments, and the unions;

Employer/employee relationships: job description, performance management, skills development, job

grading, unionisation, salaries, staff benefits, grievance, discipline, dispute

Supplementary Text

3. TAXATION (20 credits)

3.1 Prescribed Text

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Programme 2: CSSA Vers 1.2017 5

Notes on South African Income Tax 2015

Authors: Huxham and Haupt

ISBN: tba

Publisher: Hedron

This book may not be taken into the examination room. It is for study purposes only.

Note: Taxation is an Open Book Examination..

Candidates writing Taxation are permitted to have with them in the assessment room and to refer to:

• Copies of the relevant statute without any handwritten commentary or notations.

• Books in original form will be allowed.

• No comments or flagging of any sort will be allowed.

• No extra indexing except the original indexing is allowed. No highlighting will be allowed.

ACCEPTABLE PUBLICATIONS FOR THE OPEN BOOK EXAMINATIONS:

(a) Loose-Leaf (ring binder) version of the Income Tax Act published by either “Lex Patria” or “Butterworths”.

(b) The Professional Tax Handbook by E. Danziger and EM Stack, published by Lexis Nexis.

(c) Income Tax Act published by “The Taxpayer”

(d) PDF copy of the Act available from:

http://www.gtshop.co.za/index.php?option=com_virtuemart&Itemid=54&page=shop.product_details&flypage=eny_fly_furniture.tpl&product_id=42&category_id=4&vmcchk=

1&Itemid=57

The May and October examinations each year are based on the Income Tax Act published in the previous year, that is legislation relevant to the year ending 28 February of the year

of the assessment. e.g. May and October 2015 examinations are based upon legislation applicable to the tax year ending 28 February 2015.

3.2 Syllabus Outline

Exit level outcomes

• Demonstrate a working knowledge of current law relating to taxation and its practical application to companies, close corporations, partnerships and individuals.

• Demonstrate a basic knowledge of tax case law is also required.

• Handle individual and corporate tax returns timeously and accurately in accordance with the Income Tax Act.

Associated Assessment Criteria

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• The tax concept of "income" is explained

Range: definition; exemptions; deemed income; general and specific deductions; distinction between capital and income; residence-based and foreign income; double tax

agreements;

• Tax returns are correctly completed

Range: different forms of tax returns: individual, corporate, trust, VAT, UIF/PAYE/SDL; responsibilities of person completing the return; tax assessments; objections; appeals;

settlements; provisional tax; role of Public Officer

• Specific corporate issues related to taxation are discussed

Range: monthly administrative arrangements for PAYE/SITE, VAT, UIF, SDL; periodic administrative requirements for provisional tax, IRP5 reconciliation, IRP3

reconciliation, capital gain, secondary tax returns, inter alia; taxation of fringe benefits; tax avoidance, tax reduction, tax deferment

1 TAX LAW

1.1 Normal tax (including tax law for companies, close corporations, partnerships, individuals

1.2 Value Added Tax

1.3 Secondary tax on companies

1.4 Capital gains tax.

2 TAX PAYABLE

Determining the normal tax payable by a taxpayer, which requires a detailed knowledge of:

2.1 Gross income The concepts of capital vs. income and source, as well as amounts to be included in the gross income of a taxpayer – definition and amounts specifically included s7,

s7A, s8, s8A, s8B, s8C, s8E, s26, First, Second, Seventh and Eighth Schedules. Amounts deemed to be from a source in the Republic s9. Resident taxpayer versus non-

resident taxpayer.

2.2 Exemptions to which a taxpayer may be entitled – based on status of a taxpayer and nature of income – s10;

2.3 Deductions to which a taxpayer may be entitled including the general deduction formula and the special deductions in terms of s11, s12B, s12C, s13, s13ter, s18, s20,

s22, s23, s23A, s23B, s23C, s23D, s23E, s24, s24A, s24B, s24C, s24I, s24J, s38.

2.4 Recoupment of Allowances.

Allowances recouped s8 (4)(e), (eA), (eB), (eC) and (eD), s84 (f).

2.5 Trading stock s1, s22 and s23F.

3 CATEGORIES OF TAXPAYERS

3.1 Companies

Public and private companies

Groups of companies

Connected persons

Normal company tax

Secondary tax on companies

s63B, 64C

C.G.T

3.2 Close Corporations

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Taxation of close corporations

Distribution to members

Conversion from a company

Connected persons

C.G.T.

3.3 Individuals

Taxable income

Deductions and allowances s9, s11, s18, s23 (m)

Rebates

Disallowable expenditure and claims

Connected persons

C.G.T.

3.4 Partnerships

Legal principles

Types of partnerships

Taxation of partnerships

Connected persons

3.5 Special Categories of Taxpayers

Small business corporations

Personal service companies

Labour brokers

3.6 Residents and Non-Residents

Gross income

Residence qualifications

Taxation of non-residents

4 SPECIFIC APPLICATIONS OF THE INCOME TAX ACT

4.1 Employees Tax and Provisional Tax

As applied to individuals and companies including directors, labour brokers, personal service companies and representative employers.

Application of employee tax tables (section 6)

PAYE and SITE

Provisional tax returns and payment of provisional tax

Fourth Schedule Requirements

4.2 Principles of the taxation of benefits on retirement, death and resignation

s5(10), s 10(1)(x), s 10A, s11 (m), application of Second Schedule

4.3 Principles of fringe benefit tax

Application of Section 8 and Seventh Schedule, VAT implications

4.4 Capital Gains Tax

Eighth schedule

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Programme 2: CSSA Vers 1.2017 8

Basis of taxation

Exclusions

Exemptions

Allowances

5 VAT

Application of VAT ACT to individuals and business enterprises.

Registration as a vendor

Supplies and deemed supplies, goods and services, output tax, input tax, exempt supplies, zero rated supplies, special VAT categories, VAT vendors, payment bases, refunds,

documentation and record keeping, objections and appeals

6 THE TAX RETURN

6.1 The procedure for preparing tax computations and lodging tax returns, for companies and individuals taking into account the requirements of the Commissioner for the

South African Revenue Service,

6.2 Tax assessments

6.3 Objections and appeals, including ADR procedures and use of tax courts and High Court.

6.4 The payment and recovery of tax, including penalties and additional tax assessments

6.5 The appointment and duties of representative taxpayers and agents

6.6 Registration of tax practitioners

6.7 Tax avoidance, Sections 7, 24 and 103.

EXCLUSIONS FROM THE CSSA TAX SYLLABUS

Questions will not be set on:

o Donations tax,

o The taxations of income from insurance and mining operations,

o The taxation of income from aircraft and shipping operations,

o The taxation of income of hotel keepers,

o The taxation of income of film makers,

o The taxation of income of toll road operators,

o The taxation of income of insurers,

o The taxation of farmers – s26 and First Schedule,

o The taxation of income of co-operative societies and co-operative trading companies,

o The deduction of compensation for railway operating losses,

o Investment income of foreign investment companies,

o The taxation of income from Economic Development Areas,

o Estates and Trusts,

o Levy on financial services,

o Special corporate tax including tax implications of amalgamations unbundling, liquidation, winding up and deregistration of companies,

o Transfer pricing and thin capitalisation,

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Programme 2: CSSA Vers 1.2017 9

o Double tax agreements,

o Foreign companies and controlled foreign companies,

o Strategic development projects.

Additional Notes:

Candidates may make use of hand-held, self-powered, silent and non-programmable calculators but intermediate-working steps must be shown.

OPEN BOOK EXAMINATION – Candidates are permitted to have with them in the assessment room and to refer to copies, in original form, of the relevant Tax Act without any

handwritten commentary, notations, highlighting, “flagging” or extra indexing, other than the original indexing are allowed.

4. FINANCIAL ACCOUNTING II (20 credits)

4.1 Prescribed Textbooks

Introduction to Financial Accounting 8th Edition

Authors: Dempsey and Peters

ISBN: 9780409106367

Publisher: Lexis Nexis Butterworths

Gripping GAAP 2014

Author: Sowden-Service

ISBN: 9780409118568

Publisher: Lexis Nexis

Group Statements – Volumes 1 And 2 Latest Edition

Authors: Mans and Boshoff

ISBN: (Vol 1) Print version: 409104175; e-book: 9780409114195

ISBN: (Vol 2) Print version: 409104183; e-book: 9780409114201

Publisher: Lexis Nexis Butterworths

4.2 Syllabus Outline

Exit level Outcome: Demonstrate a thorough knowledge of financial accounting principles and their applications, and a basic knowledge of corporate financial accounting

Assessment Criteria

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• The principles of partnership accounting are applied

Range: dissolution; conversion into a private company

• The principles of accounting applicable to limited companies are applied

Range: all types of companies; various classes of shares issued by limited companies: all classes of shares of both par and no par value, share premiums, and accounting for

underwriting commission, share issue and preliminary expenses, capitalisation issues

• Financial statements for a company are prepared in accordance with statutory requirements and statements of Generally Accepted Accounting Practice

Range: Income statement, balance sheet, statement of changes in equity and statement of cash flows

• Notes to the financial statements are prepared in terms of Statements of Generally Accepted Accounting Practice

• The disclosure of directors' emoluments is prepared in terms of sections 30(4) and 188 of the Companies Act and statements of Generally Accepted Accounting Practice

• Journal entries relevant to the redemption of preference shares are prepared in terms of sections 46 and 48 of the Companies Act

• Journal entries relevant to the issue and redemption of debentures are prepared

• The treatment of taxation in the financial statements is outlined on an elementary level

Range: Normal tax, aspects of deferred taxation, Secondary Tax on Companies (STC) but excluding capital gains tax

• The principles of accounting applicable to close corporations are applied

Range: Journal entries relevant to financial statements: Statement of profit or loss, statement of financial position, statement of changes in equity, members' net investment

statement, statement of cash flows

• A cash flow statement is prepared

Range: A basic cash flow statement is prepared in terms of AC118, along with a note reconciling net profit before tax with cash flows generated from operations and other

relevant notes

• Group financial statements are prepared in terms of the requirements of the Companies Act

Range: Companies Act; the requirements of group financial statements; wholly or partly owned subsidiaries; purchasing of shares in subsidiary

• Revaluation of non-current assets at or subsequent to acquisition is accounted for in the group financial statements

Range: Deferred tax on a depreciable asset

• Inter-company transactions are accounted for in the group financial statements

Range: The sale of non-current assets and inventory at cost

• The treatment of pre-acquisition profits is accounted for in the group financial statements

• Financial statements are analysed and interpreted

Range: Earnings per share (including headline earnings per share), earnings yield, price/earnings ratio, dividend yield, net asset value, profitability ratios, solvency ratios and

activity ratios; vertical and horizontal analyses; cash flow statements

FINANCIAL ACCOUNTING II – SYLLABUS ALIGNED TO TEXT BOOKS

KEY:

INTRODUCTION TO FINANCIAL ACCOUNTING – DEMPSEY & PIETERS (D&P)

GRIPPING GAAP (Latest Edition - A new book will appear every year) – SOWDEN-SERVICE (GG)

A CONCEPT BASED INTRODUCTION TO FINANCIAL ACCOUNTING – KOLITZ, QUINN, and McALLISTER (K&Q)

GROUP STATEMENTS – Volume 1 – MANS et al – (GS)

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CHAPTER

SYLLABUS TOPIC GG D&P GS K&Q

REVISION

• General revision of first accounting course

Part 1A

FRAMEWORK FOR THE PREPARATION AND PRESENTATION OF FINANCIAL STATEMENTS (IASB

Framework; IAS1)

• Users and their information needs

• Objective of financial statements

• Qualitative characteristics of financial statements

1 1

PARTNERSHIP ACCOUNTING

• Changes in profit-sharing ratio

• Admission and retirement if a partner

• Dissolution of a partnership (including piecemeal dissolution)

• Conversion to a Close Corporation or a Company

15

Part 5.17

CORPORATE ACCOUNTING

• Steps in the formation of limited liability companies (including the issue of shares and debentures)

• Preparation of financial statements for management and publication in compliance with statutory requirements

(Companies Act, Close Corporations Act, Statements of Generally Accepted Accounting Practice [GAAP]

• Disclosure of Directors’ Emoluments (S188)

• Detailed knowledge of the following Accounting Standards:

IAS 1 Presentation of Financial Statements

IAS 2 Inventories

IAS 8 Accounting policies, changes in accounting estimates and errors

IAS 10 Events after the balance sheet date

IAS 16 Property, plant and equipment (excluding revaluations)

IAS 18 Revenue

IAS 33 Earnings per share (excluding rights issues, not at fair value, conversion rights, diluted earnings per

share)

IAS 37 Provisions and contingencies

• Redemption of preference shares – requirements of the Companies Act (S46)

• Redemption of debentures (at par and at a premium) – elementary considerations only

2 - 21 16 - 17

Part 5. 18 -

19

GROUP FINANCIAL STATEMENTS (ELEMENTARY)

• IAS 27 consolidated financial statements

• Definition of a subsidiary (Companies Act S1, 3)

• Preparation of group financial statements for

Wholly owned and

Partly owned subsidiary companies (basic principles only)

1 - 8 Part 5.20

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CHAPTER

SYLLABUS TOPIC GG D&P GS K&Q

• Purchase of share in subsidiary at

financial year end

during financial year

• Revaluation of Non-Current Asset

at acquisition

subsequent to acquisition

• Inter-company transactions including

Sale of non-current assets at carrying value and

sales of inventory at cost

TAXATION 2

• Elementary treatment of taxation (excluding deferred taxation) in financial statements

CASH FLOW STATEMENTS – IAS 7 18 18

• Preparation of cash flow statements using the direct and indirect methods

• Interpretation of cash flow statements for management and other stakeholders

ANALYSIS AND INTERPRETATION OF FINANCIAL STATEMENTS AND FINANCIAL INFORMATION AS AN

AS TO MANAGEMENT AND STAKEHOLDERS 21 24

• Use of ratios for financial statement analysis

• Calculation of the following ratios

Liquidity

Profitability

Activity

Investment

Earnings and dividend per share

• Interpretation of ratios for management and other stakeholders

• Preparation of cash budgets and forecasts

• Short and long-term decision-making and planning

23 - 25

5. ADVANCED COMMERCIAL LAW (20 credits)

5.1 Prescribed Textbook

General Principles of Commercial Law. Latest Edition (Also prescribed for Advanced Commercial Law)

Authors: Schulze, H; Kelbrick, R; Manamela, T; Stoop, P; Manamela, E; Hurter, E; Masuku, B; Stoop, C.

ISBN: 9781485106302

eBOOK (English): 9781485107774

Publisher: Juta Academic

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5.2 Syllabus outline

Concept Details Textbook Reference

Intellectual Property • Copyright (incl. works protected by copyright, requirements for existence of copyright in a work, ownership,

duration and infringement)

• Patent Law (incl. requirements, application procedure, effect and duration, infringement and remedies for

infringement)

• Trade Marks (incl. requirements for registration, effect and duration of registration, infringement and

remedies for infringement)

• Franchising (incl. advantages, content of contract, protection of franchisor’s intellectual property, restraints of

trade, payment obligations, termination of agreement and relevant legislation)

Chapter 18

Alternative Dispute Resolution • Negotiation

• Mediation

• Arbitration (incl. introduction, sources of law of arbitration, matters excluded from arbitration, arbitration

agreement, appointment of arbitrators, arbitration proceedings, arbitration awards)

Chapter 19

Law of Agency • Contract of Mandate (incl. duties of mandator and duties of mandatory)

• Agency (incl. authority, duties of agent, duties of the principal and personal liability of the agent or purported

agent)

Chapter 20

Law of Competition • Public Competition Law (incl. Competition Act)

• Private Competition Law (incl. requirements for delict of unlawful competition, remedies for unlawful

competition, forms of infringement, grounds of justification and self-regulation of advertising)

Chapter 22

Secured Transactions • Suretyship (incl. definition, conclusion of the contract, liability, rights and discharge)

• Real security (incl. pledge, notarial bonds, mortgage bonds, liens and hypothecs and cession to secure a debt) Chapter 23

Negotiable Instruments and other

methods of payment • Instruments of payment (incl. general, negotiable instrument as an instrument of payment)

• Cheques (incl. definition, necessary parties, other parties, relationships between parties, elements of a cheque,

who can claim payment, how parties become liable, discharge of obligation, relationship between drawee

bank and drawer and liability of collecting bank)

• Credit cards (incl. introduction, different types, credit cards and the National Credit Act, economic functions,

legal relationships and unauthorised use of credit cards)

• Travellers cheques (incl. introduction, travellers’ cheques and Bills of Exchange Act, theft and loss of

travellers’ cheques)

• Stop orders

• Debit orders (incl. operation and legal aspects)

• Documentary letters of credit (incl. introduction, payment, operation and bank’s undertaking)

• Electronic funds transfer (incl. introduction, distinction, different systems, operation of the ATM system, what

Chapter 24 (24.2 to 24.3)

Chapter 25

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Concept Details Textbook Reference

is EFTPOS, home and internet banking and smart cards and e-money)

Law of Trusts • Basic features of a trust

• Trust Property Control Act

• Essential requirements for creation of a valid trust

• Factors not essential for the creation of a trust

• Office of trustee

• Administration of trust (incl. duties of trustee, powers of trustee, rights of trustee and insolvency of trustee)

• Trust beneficiary

• Revocation, variation & termination of trust

Chapter 26

Law of Insolvency • Voluntary surrender

• Compulsory sequestration (incl. acts of insolvency)

• Consequences of Sequestration (incl. personal consequences, effect on property of insolvent, effect on civil

proceedings, effect on uncompleted contracts)

• Effect of sequestration on property of solvent spouse

• Impeachable Dispositions

• The trustee

• Meetings of Creditors

• Proof of claims by creditors

• Realisation and division of estate

• Composition

• Rehabilitation

• Winding up of companies and close corporations

Chapter 27

Administration of Estates • The Master

• The Executor (incl. appointment, furnishing of security, removal and discharge)

• Preliminary work (incl. death notice, registration of the will, preliminary inventory)

• Rights, powers and duties of executor

• Administration of special types of estates

• Guardians and Curators

Chapter 28