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Showing 1 to 15 of 15 for “"South African Companies Act"”.
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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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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
… rights remedy, which was introduced into South African company 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 …
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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?
Post-Apartheid South Africa is an altogether different place politically, socially and economically. Due to the rapid changes since 1994, several laws have been amended or repealed to reflect the newly found democracy. One such law is the Companies Act. This paper examines the proposed Companies …
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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?
… 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 doing, an analysis of the South African statutory provisions will be …
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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
… 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 States have dealt with the question …
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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 …
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Judicial management in South Africa : its origin, development and present day practice and a comparison with the Australian system of official management
… When judicial management was introduced into South African companies' legislation in 1926, it was unique to South Africa. It was subsequently adopted by Rhodesia who based their companies' legislation on the South African companies' legislation and in the early 1960's a similar system, known …
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The protection of minority shareholders in South Africa: a reflection on the derivative action, appraisal rights and oppression remedy
This thesis will be conducted by reviewing South African literature that is published in various primary and secondary sources. The research will refer to key South African statutes namely, the South African Companies Act, the Constitution of the Republic of South Africa, 1996 (hereafter referred …
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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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Offers of compromises and schemes of arrangements in South African Company Law
… different reasons why people want to. acquire companies. Although takeovers are an extremely dangerous and high risk game, they are becoming more and more numerous in the modern business world. An acquiror, however, tries to minimize his risk by trying to take over a company with a scheme of …
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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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Offers of compromises and schemes of arrangements in South African company law
… different reasons why people want to acquire companies. Although takeovers are an extremely dangerous and high risk game, they are becoming more and more numerous in the modern business world. An acquiror, however, tries to minimize his risk by trying to take over a company with a scheme of …
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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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Selected Aspects of Asset Deals under South African and Swiss Law
… are broadly speaking two categories of such transactions. First, two or more companies may merge. At least one of the merging companies is dissolved and both of the undertakings form part either of a newly formed company, or of the merging company, which does not cease to exist. Second, an …
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A critical analysis of the Ugandan Companies Act, 2012, in the search for an appropriate legal framework for small and closely-held companies in the light of the experiences of South Africa and the United Kingdom
… study set out to determine whether the Ugandan Companies Act, 2012 (‘CA 2012') provides an appropriate and effective legal framework for small and closely-held companies (‘SCHCs'). In this study, SCHCs are small owner-managed companies with one or a few members with close relations who are …