Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 125 for “"Companies Act"”.
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Acquisition of securities : section 48 of the Companies Act 71 of 2008
The amendment of the Companies Act 61 of 1973 in 1999 by Companies Amendment Act 37 of 1999 made it possible for the first time, in South Africa, for a company to acquire its own shares and for a subsidiary to acquire shares in its holding company. The position introduced by the 1999 amendments was …
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Corporate capacity and authority of agents under the Botswana Companies Act 2003
… has been changed with regard to when the company acts beyond its capacity and where directors or other agents acts beyond their authority. Corporate capacity herein refers to the ability of a company to enter into a particular transaction with a third party and Authority on the other hand will …
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A textual analysis of section 164 of the Companies Act 71 of 2008
Includes bibliographical references.
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Distributable profits : bridging the gap between the Companies Act and the financial reporting framework
… analyse the gap that arises between the Maltese Companies Act (MCA) and the financial reporting framework in determining distributable profits (DP). Since dividend restrictions feature as one of the main pillars of the capital maintenance (CM) doctrine established by Directive 77/91/EEC, the …
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Protection against oppressive or unfairly prejudicial conduct under the Companies Act 71 of 2008
The Companies Act 61 of 1973 (the "1973 Act") will be repealed in its entirety when the Companies Act 71 of 2008 (the "2008 Act") comes into operation on a date still to be fixed by the President of the Republic of South Africa, in proclamation. The goal of this dissertation is to investigate what …
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The balancing of creditor interests in business rescue provisions of the Companies Act 2008
… challenges as well as opportunities for companies and their surrounding communities. This has resulted in many jurisdictions having to re-evaluate the question of company failure and how best to deal with it. The South African context has seen the enactment of a new Companies Act, …
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Merger provisions in the Companies Act (Act XXV, 1995) : a legal evaluation and comparative analysis
… and global market place has encouraged many companies to explore the amalgamation venues as a means to win market share and increase revenue. In addition, as we approach the new millennium, and as technologies converge and business and home consumers increase their demands for truly …
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A comparative analysis between the Companies Act 1995 and the European Union draft Fifth Directive
… of the company's structure with the ambit of the Companies Act 1995. The Maltese company law set up a structure for the Maltese companies both private and public. The member countries of the European Union have different company structures. Of particular interest are the British and the Dutch …
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Advancing and protecting the interests of creditors and employees under the Companies Act 71 of 2008
This dissertation seeks to assess the impact the new Companies Act will have on the socio-economic transformation of the South African society and point out areas where corporate law can do more to help bring about this transformation. It focuses on creditors and employees as key corporate …
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A critical appraisal of the creditor protective mechanisms under the South African Companies Act 71 of 2008
… the mechanisms that were employed by the Companies Act 71 of 2008 in order to protect the interests of creditors in company affairs. At the preamble of the aforementioned Act lies an undertaking from legislature to provide appropriate redress to investors and third parties/creditors. It …
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An Analysis of the Structural Failings of Corporate Governance in Nigeria: the UK Companies Act and US Sarbanes Oxley Act as Models for Reform of the Regulatory Framework of Corporate Governance under the Nigerian Companies Act and Governance Code
… devastating incidents of corporate malpractices within Nigerian firms but they also appear to highlight the ineffectiveness of the existing regulatory structure of companies in the country. This study offers a theoretical analysis to corporate governance practices and regulation of public …
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Piercing the corporate veil: a critical analysis of Section 20(9) of the Companies Act 71 of 2008
… own liabilities. However, section 20(9) of the Companies Act 71 of 2008 grants the courts the discretion to disregard the separate legal personality of a company where there is unconscionable abuse of the juristic personality of the company. However, the challenge is that the section fails to …
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Piercing the corporate veil: A critical analysis of section 20(9) of the Companies Act 71 Of 2008
See the attached abstract below
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Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia
Companies play a very important role in the economy of any country. A country's economic growth and development depend largely on whether or not its regulatory environment is conducive for enterprises to thrive. In recognition of the important role companies and businesses generally play in an …
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The statutory derivative action under the Companies Act of 2008: guidelines for the exercise of the judicial discretion
Section 165 of the Companies Act 71 of 2008 introduces the new statutory derivative action. The section confers a pivotal function on the courts as gatekeepers to the derivative action, with an important filtering or screening function to weed out applications for derivative actions that are …
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The winding up of companies by the court : an analysis of the relevant provisions of the Companies Act, 1995
… relevant law in the darker recesses of the early Companies Acts. Exhausted students of company law might encounter a chapter on compulsory winding up at the very end of the course of study while no one - but no one - studied bankruptcy". Only in the last twenty years has it been realised that …
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The liability of directors for fraudulent and/or reckless trading: Section 424 of the Companies Act 61 of 1973
… Although judges have at times regarded certain companies whose misdemeanours have come under the_ spotlight as a 'cloak' and a 'sham', 1 the fact remains that a company as a separate legal personality comes into existence on the date of incorporation and that no recourse can be f6unded on the …
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Corporate social responsibility: the analysis of the social and ethics committee in terms of the Companies Act 71 of 2008
Companies in South Africa are beginning to recognise the critical connections between corporate activity and socio-economic growth. It is undeniable how important it is for businesses to use corporate social responsibility (hereinafter referred to as ‘CSR') programmes to give back to the community …
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