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Relevant bibliographies by topics / Companies act no. 71 of 2008

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Academic literature on the topic 'Companies act no. 71 of 2008'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Companies act no. 71 of 2008"

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Cassim, Rehana. "Delinquent Directors under the Companies Act 71 of 2008: Gihwala v Grancy Property Limited 2016 ZASCA 35." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (October 6, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1246.

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The Companies Act 71 of 2008 has introduced into our company law an innovative provision which permits a wide range of persons to apply to court to declare a director delinquent. This provision is contained in section 162 of the Companies Act 71 of 2008. The effect of an order of delinquency is that a person is disqualified for a specified period from being a director of a company. In Gihwala v Grancy Property Limited [2016] ZASCA 35 the Supreme Court of Appeal was faced with some important questions surrounding the declaration of delinquency of a director. It was contended by the appellants t

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Schoeman, Heidi C. "The Rights Granted to Trade Unions under the Companies Act 71 of 2008." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 3 (2017): 236. http://dx.doi.org/10.17159/1727-3781/2013/v16i3a2365.

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With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted to trade unions by the act. The Companies Act 71 of 2008 not only grants rights to registered trade unions, as is the case in labour law, but in some cases it grants rights to trade unions representing employees at the workplace. It is argued that rights afforded to trade unions by the act ought to be granted only to trade unions that are registered in terms of the Labour Relations Act 66 of 1995. In addition, it is also argued that the Companies Act 71 of 2008 ought in principle to differentia

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Madlela, Vela. "The Appointment of a Proxy "At Any Time" in Terms of Section 58 of the Companies Act 71 of 2008: Richard Du Plessis Barry v Clearwater Estates NPC [2017] ZASCA 11." Potchefstroom Electronic Law Journal 22 (January 31, 2019): 1–27. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4401.

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Section 58(1) of the Companies Act 71 of 2008 gives a shareholder the right to appoint a proxy "at any time" for the purpose of participating in, speaking and voting on behalf of that shareholder at a shareholders′ meeting, or providing or withholding written consent on behalf of the shareholder in terms of section 60. One important issue that arises in regard to the appointment of a proxy relates to the proper interpretation of section 58(1) of the Companies Act 71 of 2008, namely whether this section, as read with section 58(3)(c), constitutes an unalterable provision giving a shareholder an

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Phakeng, M. "REGULATION OF MERGERS AND ACQUISITIONS IN TERMS OF THE SOUTH AFRICAN COMPANIES ACT 71 OF 2008: AN OVERVIEW." BRICS Law Journal 7, no. 1 (2020): 91–118. http://dx.doi.org/10.21684/2412-2343-2020-7-1-91-118.

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The Companies Act 71 of 2008 (the 2008 Act) replaced the Companies Act No. 61 of 1973, effective 1 May 2011. The 2008 Act was aimed at keeping pace with developments in company law internationally. It is not intended to entirely replace the well-established principles and has largely retained the pre-existing South African company law. The mergers and acquisitions provisions are aimed at creating transparent, efficient, and simple procedures. Different types of mergers and acquisitions are clearly defined as “affected transactions” or “offers” in section 117. Section 118 provides for companies

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Cassim, Rehana. "The Device of Weighted Votes in Blocking the Removal of Directors from Office under the South African Companies Act 71 of 2008." Journal of African Law 63, no. 2 (2019): 281–302. http://dx.doi.org/10.1017/s0021855319000172.

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AbstractA director may serve a company in more than one capacity. In his capacity as a shareholder, a director may hold voting rights in the company. One consideration regarding the removal of a director from office is their removal by shareholders in circumstances where the directors are themselves shareholders in the company and hold weighted votes. This article appraises whether, under the South African Companies Act 71 of 2008, a shareholding-director who holds shares with weighted votes would validly and lawfully be able to block his removal from office by the company's shareholders. This

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Bidie, Simphiwe. "Director's Duty to Act for a Proper Purpose in the Context of Distribution under the Companies Act 71 of 2008." Potchefstroom Electronic Law Journal 22 (September 19, 2019): 1–45. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4221.

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This paper seeks to critically analyse the requirements of the duty imposed on directors to act for a proper purpose as provided in section 76(3)(a) of the 2008 Act (Companies Act 71 of 2008) whenever they distribute company money and/or property. This analysis is conducted with the obligations imposed under sections 4 and 46 of the 2008 Act in mind. The purpose is not to question the inclusion of this duty in the 2008 Act. It is simply to question whether the common law interpretation of the duty still suffices in the face of section 76(3) of the 2008 Act, which seems to suggest that a differ

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Cassim, Rehana. "The Suspension and Setting Aside of Delinquency and Probation Orders under the Companies Act 71 of 2008." Potchefstroom Electronic Law Journal 22 (November 5, 2019): 1–30. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a6080.

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A significant innovation of the Companies Act 71 of 2008 is contained in section 162. This provision empowers a court to declare a director delinquent or under probation on various grounds. The effect of a delinquency order is that a person is disqualified from being a director of a company, while being placed under probation means that he or she may not serve as a director except to the extent permitted by the order. A delinquency order may be unconditional and subsist for the director's lifetime, or it may be conditional and be effective for seven years or longer, as determined by the court.

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Kilian, Neels. "A South African–Australian Perspective on the Legal Implications Related to being “Entitled to Serve” as a Director." Potchefstroom Electronic Law Journal 23 (July 23, 2020): 1–27. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a8174.

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This article focuses on an Australian piece of legislation and interesting case law, as well as how the Federal Court of Australia has applied Australia’s Corporations Act 2001, to characterise a person as a de facto director – that is, as a professed director whose appointment as such was defective. In this regard, the decisions of that Court will, as envisaged in the Constitution of the Republic of South Africa 1996, constitute persuasive authority. The Australian decision to be discussed in this article is significant in that the South African Companies Act 71 of 2008 does not contain subst

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Rautenbach, Christa, and Brighton M. Mupangavanhu. "Impact of the Constitution's Normative Framework on the Interpretation of Provisions of the Companies Act 71 of 2008." Potchefstroom Electronic Law Journal 22 (November 6, 2019): 1–24. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a7417.

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Given the intention of section 7(a) of the Companies Act 71 of 2008 (the Act) to promote compliance with the Bill of Rights in the interpretation and application of company law in SA, this article assesses the extent to which the Act actually does this. The article thus seeks to showcase evidence of the Act's intentional alignment with the normative framework of the Constitution of the Republic of South Africa, 1996 (the Constitution). The paper does this by answering the question: what are the implications of the Constitution's normative framework on the interpretation and application of the

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Boraine, A. "Formal Debt-Relief, Rescue and Liquidation Options for External Companies in South Africa." BRICS Law Journal 7, no. 4 (2020): 85–126. http://dx.doi.org/10.21684/2412-2343-2020-7-4-85-126.

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This article discusses how foreign companies doing business in South Africa during periods of financial distress and registered locally as external companies are, as a recent High Court decision confirms, denied the formal debt-relief measures of business rescue and therefore a compromise with creditors because of being excluded by the definition of “company” in the Companies Act 71 of 2008. Nor, for the same reason, may these companies, if solvent, rely on the current liquidation procedures. But they may possibly use the procedure preserved in the otherwise repealed Companies Act 61 of 1973 f

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Dissertations / Theses on the topic "Companies act no. 71 of 2008"

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Sithole, Thembinkosi Muntu. "The meaning of ‘arrangement’ in the Companies Act 71 of 2008." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46004.

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Soobyah, Althea Natashia. "Mergers and Amalgamations Under the Companies Act no. 71 of 2008." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46005.

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Barends, Richard Heinz. "A Critical analysis of section 129 of the companies act 71 of 2008." University of the Western Cape, 2017. http://hdl.handle.net/11394/6180.

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Magister Legum - LLM (Mercantile and Labour Law)<br>A company forms an important part of a community in which it conducts business. It, therefore, has a direct impact on the economic and thus the social well-being of that community through its employees, suppliers and distributors. Consequently, the failure of a company has a large effect on society than merely its employees and creditors. In some instances this may lead to companies being liquidated. Granting an order of liquidation, results in the demise of the corporate entity and the attendant loss of jobs. This is further protracted by an

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Pike, Adam. "A textual analysis of section 164 of the Companies Act 71 of 2008." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/6048.

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Rabuli, Ndivhuo. "Capital Maintenance rule and distribution focusing on sections 46 and 48 of the Companies Act 2008 (Act 71 of 2008)." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60085.

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Kgarabjang, Tshegofatso Cornelius. "A critical analysis of Sections 44, 45 and 48 of the Companies Act 71 of 2008." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/26661.

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Lamola, Ronald Ozzy. "Regulation of public property syndication schemes under the Companies Act 71 of 2008 and the Consumer Protection Act 68 of 2008." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/45982.

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Job, C. O. (Charles). "Common law duties and section 76 of the Companies Act, 71 of 2008 compared." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/41220.

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Recently, the South African Legislature partially codified the common law duties of directors with the Companies Act, 71 of 2008 (hereafter referred to as „the 2008 Companies Act‟) which came into effect on 1st May 2011. Chapter 2 of the 2008 Companies Act is dedicated to the formation, administration and dissolution of companies. „Part F‟ thereof elaborately provides for governance of companies, and section 76 contained therein requires directors and other company office bearers to meet the standards of directors‟ conduct as prescribed therein. All of these duties are in accordance wit

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Jansen, van Rensburg Heinrich. "Protection against oppressive or unfairly prejudicial conduct under the Companies Act 71 of 2008." Thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/11568.

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Includes bibliographical references.<br>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 impact, if any, the 2008 Act will have on the remedies afforded to members or shareholders in companies to protect their rights in the event of so-called "oppressive or unfairly prejudicial conduct" by majority decision, or otherwise, in a company.

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Molefe, Neo Gift. "Acquisition of securities in terms of Section 48 of the Companies Act 71 of 2008." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/45990.

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The Companies Amendment Act 37 of 1999 brought about a major change to the South African company law, the Amendment Act introduced share buyback provisions to our company law. The legislature had finally responded to numerous calls for amendments to our company law, particularly amendments that would make share buyback by a company of its own shares and share buyback by subsidiary company of shares in its holding company possible. The Amendment Act operated in a statutory scheme to which the capital maintenance doctrine was applicable, it was thus necessary that the Companies Act 61 of 1973 be

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Books on the topic "Companies act no. 71 of 2008"

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Africa, South. Companies Act, 71 of 2008. Edited by Juta Law (Firm). Juta Law, 2009.

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Africa, South. Companies Act, 71 of 2008 & regulations. Edited by Juta Law (Firm). Juta Law, 2013.

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Africa, South. Companies Act, 71 of 2008 & regulations. 2nd ed. Juta Law, 2011.

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Cassim, Farouk. The practitioner's guide to the Companies Act 71 of 2008. Juta, 2011.

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Institute of Directors (South Africa). King Report on Governance for South Africa 2009: King Code of Governance Principles for South Africa 2009 ; Companies Act 71 of 2008. Jutalaw, 2010.

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The Holocaust Insurance Accountability Act of 2007 (H.R. 1746): Holocaust era insurance restitution after ICHEIC,the International Commission on Holocaust Era Insurance Claims : hearing before the Committee on Financial Services, U.S. House of Representatives, One Hundred Tenth Congress, second session, February 7, 2008. U.S. G.P.O., 2008.

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Cheffins, Brian R. The 2000s. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190640323.003.0006.

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This chapter analyzes the 2000s, which for public companies and the executives who ran them was akin to “the decade from hell.” The stock market performed poorly, the number of public companies declined substantially, and scandals in the early 2000s and the financial crisis of 2008 greatly eroded confidence in big business. A deregulatory trend that began in the late 1970s was reversed, epitomized by the enactment of the Sarbanes Oxley Act of 2002. A casualty of the bad news for public companies was the imperial-style CEO who featured prominently as the 1990s drew to a close. Those running ban

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Kathleen, van der Linde, and Calitz Juanitta. 15 National Report for South Africa. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198727293.003.0015.

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This chapter discusses the law on creditor claims in South Africa, where bankruptcy proceedings in are governed by the Insolvency Act and the 1973 Companies Act, while reorganization in business rescue proceedings is regulated under the 2008 Companies Act. Liquidation and business rescue each has its own approach to the submission, verification, and admission of claims; the scope of creditor participation; the calculation of voting rights; the realization of secured assets; and the range of preferential creditors. So it is unsurprising that creditors may prefer one procedure over the other irr

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Johansen, Bruce, and Adebowale Akande, eds. Nationalism: Past as Prologue. Nova Science Publishers, Inc., 2021. http://dx.doi.org/10.52305/aief3847.

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Nationalism: Past as Prologue began as a single volume being compiled by Ad Akande, a scholar from South Africa, who proposed it to me as co-author about two years ago. The original idea was to examine how the damaging roots of nationalism have been corroding political systems around the world, and creating dangerous obstacles for necessary international cooperation. Since I (Bruce E. Johansen) has written profusely about climate change (global warming, a.k.a. infrared forcing), I suggested a concerted effort in that direction. This is a worldwide existential threat that affects every living t

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Book chapters on the topic "Companies act no. 71 of 2008"

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Kosmin, Leslie, and Catherine Roberts. "Commentary on the Companies Act 2006 Model Articles." In Company Meetings and Resolutions. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198832744.003.0033.

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Under CA 2006, s 19 the Secretary of State has power to prescribe standard form articles of association for companies and different model articles may be prescribed for different descriptions of companies. Provision is made for private companies limited by shares, private companies limited by guarantee and public companies. They are contained in Schedules 1 to 3 of the Companies (Model Articles) Regulations 2008. It is not compulsory for companies to adopt all or any of the provisions that are contained in the model articles, and in certain situations there is much to be said for having articles that are drafted to meet the particular requirements of individual companies.

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Kashyap, Amit Kumar, and Harsha Asnani. "Corporate Insolvency Law and Reforms in South Africa." In Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-5541-4.ch005.

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Every country has provided business recuse system and a regime for the protection of insolvent debtors. South Africa has had this legal infrastructure since 1926 when the statutory procedure of judicial management was introduced by the Companies Act 1926. The chapter discusses the judicial management, mechanisms to secure unpaid debts, carrying on business during insolvency, and the new corporate rescue procedures applicable for South African companies as provided in Companies Act 2008. The chapter also puts a light on corporate insolvency informs in South Africa.

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Kashyap, Amit Kumar, Urvashi Jaswani, Anchit Bhandari, and Yashowardhan S. N. V. Dixit. "An Introduction to Corporate Insolvency Law and Reforms in Australia." In Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-5541-4.ch006.

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The Corporations Act of 2001 regulated the probable insolvency proceedings of all companies incorporated in Australia and companies incorporated or possessing separate legal. For personal insolvency, a specific legislation called Bankruptcy Act is there, but the basic framework of corporate insolvency law has been there since the inception of Corporations Act 2001 enactment, which includes all the aspects of company formation, management, governance, and dissolution. The authors have highlighted recent reforms; however, the main concentration of this chapter is on the legal infrastructure of corporate insolvency law at present as the reforms are not yet in force. The chapter also puts forth the problems faced by corporate debtor and creditors in the proceedings of insolvency resolution and has also expressed the scenario of cross-border insolvency in Australia in light of UNICTRAL Model law of cross-border insolvency which has been adopted by the Australian government in 2008.

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Dharia, Namita Vijay. "Artefacts and Artifices of the Global." In Mapping the Elite. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199491070.003.0005.

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The real estate crash in the Global North in 2008, accompanied by the growth of a comparatively stable real estate market in India, saw a number of architects and allied companies from the Global North enter India’s National Capital Region (NCR). Indian state actors and developers, as well as corporations from the Global North, propagated a discourse of the global in order to generate economic and cultural capital for their work. The discourse operated through and embedded into the built environment and material landscapes of NCR. This paper argues that elite cultures in India need to be understood as an entanglement of local governing and corporate elite with foreign elite actors. It further argues that material environments act as sites through which both local and international groups contest, claim, and reframe the elite identities in India, intimately tying together the global and the elite. Material worlds are integral to understanding the dynamics of elite interactions in the Global North and Global South as they cross language barriers, disseminate knowledge sensorially, and constitute the foci of multinational capitalist intervention in developing countries. This paper is part of a cross-class ethnography of the building construction industry in NCR.

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Hejazi, Walid, Alan Lefort, Rafael Etges, and Ben Sapiro. "The 2009 Rotman-telus Joint Study on IT Security Best Practices." In Corporate Hacking and Technology-Driven Crime. IGI Global, 2011. http://dx.doi.org/10.4018/978-1-61692-805-6.ch012.

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This chapter describes the 2009 study findings in a series of annual studies that the Rotman School of Management at the University of Toronto in Ontario and TELUS, one of Canada’s major Telecommunications companies, are committed to undertake to develop a better understanding of the state of IT Security in Canada and its relevance to other jurisdictions, including the United States. This 2009 study was based on a pre-test involving nine focus groups conducted across Canada with over 50 participants. As a result of sound marketing of the 2009 survey and the critical need for these study results, the authors focus on how 500 Canadian organizations with over 100 employees are faring in effectively coping with network breaches. In 2009, as in their 2008 study version, the research team found that organizations maintain that they have an ongoing commitment to IT Security Best Practices. However, with the 2009 financial crisis in North America and elsewhere, the threat appears to be amplified, both from outside the organization and from within. Study implications regarding the USA PATRIOT Act are discussed at the end of this chapter.

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Conference papers on the topic "Companies act no. 71 of 2008"

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Ding, Lian, Dannie Davies, and Chris McMahon. "Sharing Information Throughout a Product Lifecycle via Markup of Product Models." In ASME 2008 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. ASMEDC, 2008. http://dx.doi.org/10.1115/detc2008-49804.

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The advances in wireless communication and the Internet are leading to an ever-more-global economy and unprecedented changes in business processes. Such a highly competitive global market demands that engineering companies must consider the entire product lifecycle and take advantages of different regions of the world by collaboration between groups based in different geographic locations. The experiences of collaborative enterprises have shown up many issues of communication and information sharing between separate teams or different users at different stages of a product lifecycle. This pape

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Levent, Cüneyd Ebrar. "Increasing Transparency in Capital Markets after the Global Financial Crisis: The Case of Turkey." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01267.

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The need for financial transparency is way beyond reducing fluctuations on financial markets, the protection of small investors or fighting against money laundering. Asian crisis in 1997, Dot-com bubble in 2000, company crises such as Enron and the global financial crisis in 2008 have shown that a crisis caused by the lack of transparency in companies might not only affect the company and its stakeholders in a negative way but also the country and the region the company is in. After the financial crisis of 2008 many countries made various arrangements in capital accounts about increasing trans

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