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Showing 1 to 20 of 39 for “"Companies Act 71 of 2008"”.
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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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A textual analysis of section 164 of the Companies Act 71 of 2008
Includes bibliographical references.
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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The Companies Act 61 of 1973 (the "1973 Act") will be repealed in its entirety when the Companies Act 71 of 2008 (the "2008 Act") comes into operation on a date still to be fixed by the President of the Republic of South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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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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Piercing the corporate veil: a critical analysis of Section 20(9) of the Companies Act 71 of 2008
… its 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 …
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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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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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The correct understanding of the Business Judgment Rule in Section 76(4) of the Companies Act 71 of 2008: avoiding the American mistakes
… is intricate under both the common law and the Companies Act. This is an area of corporate law which allows for a wealth of practical and theoretical difficulty. I aim to deconstruct the intricacy of the American experience of the business judgment rule, with particular reference to the rule in …
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Standards of care, skill, diligence, and the business judgment rule in view of South Africa's Companies Act 71 of 2008: future implications for corporate governance
… that company directors have to play in the life of a company that they are appointed to manage. South African law (in s66 of the Companies Act 71 of 2008, the Act) has now followed the global trend of recognising that directors have original authority/mandate to manage or direct company affairs …
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The acquisition of a business - is a statutory merger in terms of section 113 of the Companies Act 71 of 2008 preferable to a common law sale?
Two or more companies may decide that their businesses should be combined for a number of reasons. This may, for example, be done in order for the companies to have access to new markets, to increase their market share, to increase their profitability by reducing the inefficiencies involved in the …
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Does the role and duties of the business rescue practitioner as conferred by the South African Companies Act 71 of 2008 give rise to conflicts with respect to the powers and duties of directors during business rescue proceedings?
The objective of this thesis is to research to what extent do the duties and powers conferred to the business rescue practitioner conflict with that of the directors during the business rescue proceedings since both of them form part of the management of the financially distressed company. In so …
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How comparative laws of foreign jurisdictions may be used by South African courts to find the fair value of shares when shareholders use the appraisal remedy provided for in s 164 of the South African Companies Act 71 of 2008
A set method of determination of the fair value of shares is omitted from s164 of the South African Companies Act 71 of 2008 (the South African Act), which deals with the appraisal remedies of dissenting shareholders. This dissertation will consider how courts in the United Kingdom and the United …
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The effectiveness of the appraisal right as a form of shareholder protection
With the objects of facilitating the creation of business combinations, promoting flexibility and enhancing efficiency in the South African economy the legislature liberalised fundamental transaction policy under the Companies Act 71 of 2008 ('the Act'). Two of the leading reforms were: limiting …
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Exploring The Concept of Unfairly Prejudicial Conduct as A Minority Shareholder Remedy Under the South African Company Law
The South African Constitution recognises freedom of association. Generally, persons associate to form a company, but not all those that form a company are involved in the management of a company. Instead, management decisions are taken by the board of directors, and in some cases by the majority …
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Incomplete company law reform : the treasury shares question in South Africa
One of the paradoxes in company law is the phenomenon of treasury shares. Their complex nature coupled with the risks attached to their use has rendered them problematic and unnecessary in modern company law. Refuting arguments stated against the use of treasury shares, this paper aims to build a …
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A private equity structure to facilitate the effective post-commencement financing of business rescue
… by providing for the temporary supervision of the company, the management of its affairs, business and property. Focused research indicates that one of the main reasons that business rescues in South Africa have failed is due to the lack of post-commencement rescue finance. This dissertation …
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The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada
This dissertation assesses the impact of the narrow interpretation and application of the oppression remedy in the South African Companies Act 71 of 2008, s 163 on the inclusion of stakeholders and compares it with the Canadian experience. It reviews the historical development of the oppression …
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Business and affairs : the widening of the board of director's powers
In Company Law there are two bodies or organs of the company that have the power to make decisions regarding the management of the company. These two bodies are the shareholders in the general meeting and the board of directors. The exact nature of the relationship between the directors and the …
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Directors’ duties and the race to incorporate corporate social responsibility into company activities in South Africa
The principle of good corporate governance denotes that a company’s board of directors should not only look after the interests of shareholders but also of other stakeholders when managing the company. The obligation of taking care of stakeholder interests can be enforced through Corporate Social …
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