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 9 of 9 for “"Companies Act 2008"”.
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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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Codification of the Business Judgment Rule in Section 76 (4) Companies Act 2008: comparing the South African with the German approach
… or officer, when making a business decision, has acted on an informed basis, in good faith and in the honest belief that the action taken was in the best interests of the company. It should thus form a safe harbour for rational and informed managerial actions. Courts applied the Business Judgment …
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Room or relegation? : a critical analysis of section 77(2)(a) of the Companies Act, 2008, in light of the common law remedy of disgorgement
… of disgorgement under section 77 (2)(a) of the Companies Act2 or has the remedy been relegated to the past? This controversial enquiry frames the groundwork for discussion upon which this dissertation is based. Section 77(2)(a) reads as follows: "(2) A director of a company may be held liable - …
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The effective and proper exercise of appraisal rights under the South African Companies Act, 2008 : developing a strategic approach through a study of comparable foreign law
… law for the first time by section 164 of the Companies Act 71 of 2008 ('the South African Act'), should be interpreted and applied in order to facilitate its effective and proper exercise. When the draft version of the South African Act was initially published for public comment, critics …
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What is the role of the shareholders vis-a-vis other security holders within the context of shareholder corporate governance with, respect to South African Companies Act 2008?
… the newly found democracy. One such law is the Companies Act. This paper examines the proposed Companies Act 71 of2008 together with its 1973 counterpart with special emphasis on the definition and role of the shareholder for corporate governance purposes. In this paper, I seek answers to the …
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An analysis of the requirements for the imposition of securities transfer tax with specific focus on the securities transfer tax consequences of a repurchase of uncertificated shares
… ‘beneficial ownership’ is not defined in the STT Act and the intended scope and meaning of the concepts of a ‘security’ and a ‘transfer’ event are not necessarily clear from their definitions in the STT Act. This may result in practical difficulties. This minor dissertation primarily seeks to …
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Employee protection during business rescue proceedings in South Africa : a comparative perspective
The Companies Act 71 of 2008 (hereafter ‘the Companies Act 2008’) came into force in 2011, bringing with it a corporate rescue regime called ‘business rescue’. If a business is placed under business rescue there are a multitude of legal consequences that follow. A thorough reading of the business …
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From the capital maintenance rule to the solvency test: some thoughts on the new approach to creditor protection in Malawian company law
In July, 2013 Malawi enacted a new Companies Act [Act No. 15 of 2013] replacing the old Companies Act 19 of 1984. The Companies Act, 1984 was basically an adoption of the English Companies Act, 1948 and in line with the English law, it regulated distributions through the classical capital …
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Corporate actions and the empowerment of non-shareholder constituencies
… the necessary and complimentary right of action for those constituencies. The reluctance to introduce such right of action appears to be motivated by the exaggerated fear of the potential for 'floodgates' of litigation. This reluctance to extend corporate law remedies to non-shareholder …