{"id":{"repo_id":"cape-town","oai_identifier":"oai:open.uct.ac.za:11427/40517"},"canonical_url":"https://search.dev.ndltd.org/etd/cape-town/oai:open.uct.ac.za:11427/40517","repository":{"repo_id":"cape-town","name":"University of Cape Town","base_url":"https://open.uct.ac.za/oai/request"},"display":{"title":"Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended","abstract":"A company may wish to negotiate, or indeed be forced to negotiate, with its members and/or creditors with a view to modifying rights or claims in their common interest. Such rights or claims against a company often vest in a large number of members or creditors with whom it would be impossible for a company to negotiate individually. Section 311 of the Companies Act No. 61 of 1973, as amended (\"the Act\"), in providing for a compromise or arrangement between a company and its members and/or creditors (or a class of them), provides a statutory procedure, subject to supervision by the courts, whereby a company can negotiate with its members and/or creditors (or a class of them) collectively and bind such members or creditors to proposals agreed upon by a majority of such members or creditors. Section 311 makes provision for the reaching of binding ,agreement between a company and its members and/or creditors in a manner which modifies rights upon a majority vote subject to certain safeguards of the rights of dissenting minorities.","abstract_html":"A company may wish to negotiate, or indeed be forced to negotiate, with its members and/or creditors with a view to modifying rights or claims in their common interest. Such rights or claims against a company often vest in a large number of members or creditors with whom it would be impossible for a company to negotiate individually. Section 311 of the Companies Act No. 61 of 1973, as amended ("the Act"), in providing for a compromise or arrangement between a company and its members and/or creditors (or a class of them), provides a statutory procedure, subject to supervision by the courts, whereby a company can negotiate with its members and/or creditors (or a class of them) collectively and bind such members or creditors to proposals agreed upon by a majority of such members or creditors. Section 311 makes provision for the reaching of binding ,agreement between a company and its members and/or creditors in a manner which modifies rights upon a majority vote subject to certain safeguards of the rights of dissenting minorities.","abstract_has_math":false,"creators":["Getz, Keith"],"institution":"Department of Commercial Law","degree_name":null,"degree_level":null,"degree_discipline":null,"degree_department":null,"school":null,"contributors":[],"advisors":[],"committee_chairs":[],"committee_members":[],"year":1995,"date_issued":"1995","date_published":"1995","updated_at":"2026-07-22T22:23:19Z","subjects":["Law"],"languages":[],"rights":[],"rights_urls":[],"identifier_entries":[]},"links":{"outbound_url":"http://hdl.handle.net/11427/40517","outbound_label":"Handle","outbound_source":"dc:identifier.uri"},"metadata_groups":[{"id":"people","label":"People","entries":[{"key":"dc:creator","label":"Author","values":["Getz, Keith"]}]},{"id":"academic_context","label":"Academic Context","entries":[{"key":"dc:date.accessioned","label":"Dc Date Accessioned","values":["2024-08-16T13:12:24Z"]},{"key":"dc:date.available","label":"Dc Date Available","values":["2024-08-16T13:12:24Z"]},{"key":"dc:date.issued","label":"Date","values":["1995"]},{"key":"dc:publisher.department","label":"Dc Publisher Department","values":["Department of Commercial Law"]},{"key":"dc:type","label":"Dc Type","values":["Thesis / Dissertation"]},{"key":"dc:type.qualificationlevel","label":"Dc Type Qualificationlevel","values":["Masters"]}]},{"id":"subjects_keywords","label":"Subjects and Keywords","entries":[{"key":"dc:subject","label":"Dc Subject","values":["Law"]}]},{"id":"identifiers","label":"Identifiers","entries":[{"key":"dc:identifier.uri","label":"Identifier URI","values":["http://hdl.handle.net/11427/40517"]}]},{"id":"additional","label":"Additional Metadata","entries":[{"key":"dc:description.abstract","label":"Abstract","values":["A company may wish to negotiate, or indeed be forced to negotiate, with its members and/or creditors with a view to modifying rights or claims in their common interest. Such rights or claims against a company often vest in a large number of members or creditors with whom it would be impossible for a company to negotiate individually. Section 311 of the Companies Act No. 61 of 1973, as amended (\"the Act\"), in providing for a compromise or arrangement between a company and its members and/or creditors (or a class of them), provides a statutory procedure, subject to supervision by the courts, whereby a company can negotiate with its members and/or creditors (or a class of them) collectively and bind such members or creditors to proposals agreed upon by a majority of such members or creditors. Section 311 makes provision for the reaching of binding ,agreement between a company and its members and/or creditors in a manner which modifies rights upon a majority vote subject to certain safeguards of the rights of dissenting minorities."]},{"key":"dc:title","label":"Title","values":["Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended"]}]}],"canonical_facts":{"dc:creator":["Getz, Keith"],"dc:date.accessioned":["2024-08-16T13:12:24Z"],"dc:date.available":["2024-08-16T13:12:24Z"],"dc:date.issued":["1995"],"dc:description.abstract":["A company may wish to negotiate, or indeed be forced to negotiate, with its members and/or creditors with a view to modifying rights or claims in their common interest. Such rights or claims against a company often vest in a large number of members or creditors with whom it would be impossible for a company to negotiate individually. Section 311 of the Companies Act No. 61 of 1973, as amended (\"the Act\"), in providing for a compromise or arrangement between a company and its members and/or creditors (or a class of them), provides a statutory procedure, subject to supervision by the courts, whereby a company can negotiate with its members and/or creditors (or a class of them) collectively and bind such members or creditors to proposals agreed upon by a majority of such members or creditors. Section 311 makes provision for the reaching of binding ,agreement between a company and its members and/or creditors in a manner which modifies rights upon a majority vote subject to certain safeguards of the rights of dissenting minorities."],"dc:identifier.uri":["http://hdl.handle.net/11427/40517"],"dc:publisher.department":["Department of Commercial Law"],"dc:subject":["Law"],"dc:title":["Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended"],"dc:type":["Thesis / Dissertation"],"dc:type.qualificationlevel":["Masters"]},"updated_at":"2026-07-22T22:23:19Z"}