To see the other types of publications on this topic, follow the link: Companies act no. 71 of 2008.

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

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 dissertations / theses for your research on the topic 'Companies act no. 71 of 2008.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.

1

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.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

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.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

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.

Full text
Abstract:
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
APA, Harvard, Vancouver, ISO, and other styles
4

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.

Full text
APA, Harvard, Vancouver, ISO, and other styles
5

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.

Full text
APA, Harvard, Vancouver, ISO, and other styles
6

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.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

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.

Full text
APA, Harvard, Vancouver, ISO, and other styles
8

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.

Full text
Abstract:
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
APA, Harvard, Vancouver, ISO, and other styles
9

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.

Full text
Abstract:
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.
APA, Harvard, Vancouver, ISO, and other styles
10

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.

Full text
Abstract:
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
APA, Harvard, Vancouver, ISO, and other styles
11

Van, staden Elrica Gaylon. "The influence of section 78 of the companies act 71 of 2008 on personal Liability insurance taken out by directors of companies." University of the Western Cape, 2021. http://hdl.handle.net/11394/8326.

Full text
Abstract:
Magister Legum - LLM<br>In order to understand the context of the research paper, a brief discussion has to be made as to the important fact that a director has to be appointed in a role to assist with the decision-making in running of a company.1 A director is an officer of a company that is ordinarily appointed in order to make daily business reporting, decisions and to take business risks on behalf of the company.2When taking up a position as a director, duties and responsibilities must be fulfilled. A failure to comply with these duties will result in serious consequences for the comp
APA, Harvard, Vancouver, ISO, and other styles
12

Chokuda, Batanai Tirivamwe. "Advancing and protecting the interests of creditors and employees under the Companies Act 71 of 2008." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12661.

Full text
Abstract:
Includes bibliographical references.<br>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 constituencies whose interests the board of directors have to constantly consider in making decisions. It argues that an expansive approach to corporate governance that includes other corporate constituencies, not only the shareholders, is the best way to harness the i
APA, Harvard, Vancouver, ISO, and other styles
13

Olaofe, Adenkunle Rotimi. "Appraisal right and fair value determination under the Companies Act no 71 2008: a critical analysis." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4526.

Full text
APA, Harvard, Vancouver, ISO, and other styles
14

Bezuidenhout, Pierre Theodorus Johannes. "A review of business rescue in South Africa since implementation of the Companies Act (71/2008) / P.T.J. Bezuidenhout." Thesis, North-West University, 2012. http://hdl.handle.net/10394/8822.

Full text
Abstract:
This study examined the new Companies Act (71/2008) with a specific focus on Chapter 6, business rescue. This rather controversial legislation was implemented in South African company law on the 1st of May 2011 and redefines how legislation can possibly save financially distressed companies from distress and ultimately liquidation proceedings. The literature review has focused on the purpose of business rescue as set out by the new Companies Act. It has gone into much detail on the set processes, revealed the key stakeholders involved and their respective responsibilities set out by the new Ac
APA, Harvard, Vancouver, ISO, and other styles
15

Stylianou, Alexandra. "Evolution of the derivative action as an enforcement of rights mechanism under the Companies Act 71 of 2008." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60099.

Full text
Abstract:
The purpose of this dissertation a focus on derivative actions as a method a minority shareholder can employ as an enforcement of rights mechanism. In so doing I will be examining the derivative action procedure from its inception in the common law through to the current dispensation. This dissertation describes and explains the rights, interests and obligations of shareholders and will explore the pitfalls for shareholders in the implementation of the derivative action as a protective measure. I submit that the derivative action found under the common law and the previous statutory regi
APA, Harvard, Vancouver, ISO, and other styles
16

Siebritz, Kim-Leigh. "Piercing the corporate veil : a critical analysis of section 20(9) of the Companies Act 71 of 2008." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5522.

Full text
APA, Harvard, Vancouver, ISO, and other styles
17

Grove, Alewyn Petrus. "Company directors : fiduciary duties and the duty of care and skill." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/26667.

Full text
APA, Harvard, Vancouver, ISO, and other styles
18

Beck, Genèlee Jadean. "Creditor preferences in Chapter 6 of the Companies Act 71 of 2008 : the position of SARS – a comparative study." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/77416.

Full text
APA, Harvard, Vancouver, ISO, and other styles
19

Duvenhage, Arno. "Personal liability of company directors towards company creditors under the Companies Act 71 of 2008 : much ado about nothing?" Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/75046.

Full text
Abstract:
The legal fiction known as separate legal personality is the foundation of company law and attracts natural persons to incorporate companies, appoint a board of directors and raise capital. In terms of s 66 of the Companies Act, 71 of 2008 (“the 2008 Act”), directors can now be regarded as the heart of a company and represent the body through which the company takes all actions within the economic sphere. As a default position, directors owe fiduciary duties and a duty of care and skill to the company itself and not its creditors. However, on its face, this default position is placed under thr
APA, Harvard, Vancouver, ISO, and other styles
20

Masondo, Prince. "The protection of shareholders and creditors in the context of takeovers and reorganisations under the Companies Act 71 of 2008." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/67798.

Full text
Abstract:
Empirical research in the previous years has shown the history and the evolution of takeovers and mergers in South Africa. Many theories have emerged to show the advancement in the Companies Act 71 of 2008 (the new Act) from the old Companies Act 61 of 1973 especially on issues relating to takeovers and reorganisations. These include measures in the new Act that are designed to protect shareholders and creditors in the context of takeovers. Cassim and several other writers have provided insight into the changes brought about by the new Act with regards to the protection of shareholders and cr
APA, Harvard, Vancouver, ISO, and other styles
21

Oosthuizen, Schoeman. "The normative value system underpinning the Companies Act 71 of 2008 with specific reference to the protection of creditors and employees." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/64634.

Full text
Abstract:
The company developed through an evolutionary process. Our conceptualization of the company and its position in law is determined by our philosophical approach to justice (our underlying system of belief), the resultant theory of law that we adopt and the underlying economic, political and social environment in which the company operates. Three broad philosophical approaches to justice are identified in this study. The first revolves around the idea of maximizing welfare, the second around the idea of respecting freedom and the third approach sees justice as bound up with virtue and the
APA, Harvard, Vancouver, ISO, and other styles
22

Mnisi, Happiness Xolile. "The effects of sections 135 and 136 of the Companies Act 71 of 2008 on business rescue proceedings : a critical analysis." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/65690.

Full text
Abstract:
South African company law has had provisions for the rescue of financially distressed companies, through the Companies Act 1926 and 1973. These pieces of legislation provided for the rescue of financially distressed entities through a process of judicial management. Judicial management inadequately provided any relief for financially distressed companies and resultantly, it was under utilised. The critics of this rescue mechanism advanced many reasons for its outright failure. South Africa has welcomed a new rescue mechanism for financially distressed companies, called business rescue which is
APA, Harvard, Vancouver, ISO, and other styles
23

Bain, Roxanne Cheryl. "The role of the independent expert in schemes of arrangement and share repurchase transactions under the Companies Act 71 of 2008." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/77405.

Full text
Abstract:
This mini-dissertation constitutes a critical analysis of the requirements relating to independent experts in the context of schemes of arrangement and share repurchase transactions under the Companies Act 71 of 2008. In particular, the historical development of the expert requirement, its purpose and its intended beneficiaries, is explored. Furthermore, a selection of material issues and considerations relating to the expert requirement are critically analysed, including: (i) the meaning of s 114(3) of the Act and the overlap between the expert report required by ss 114(2) and (3) of the Act
APA, Harvard, Vancouver, ISO, and other styles
24

Cavanagh, Donovan James. "A comparative analysis of the correlations between section 12 of the Competition Act 89 of 1998 and section 2 of the Companies Act 71 of 2008." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60115.

Full text
Abstract:
This dissertation undertakes an investigation into the correlations between the provisions of the Competition Act 89 of 1998 and that of the Companies Act 71 of 2008 with regards to what each of the aforementioned Acts defines as ?control?. There is a symbiotic relationship between the domains of corporate law and competition law. The latter depends significantly on the provisions of the former when interpreting the scope and application of certain of its provisions, notably in the context of mergers. This relationship has been extensively complicated by the repeal of the Companies Act 61 of
APA, Harvard, Vancouver, ISO, and other styles
25

Mohiudeen, Safia. "The effect of the partial codification of the common law duties of directors in the companies Act 71 of 2008 on the liability of directors." University of the Western Cape, 2018. http://hdl.handle.net/11394/6824.

Full text
Abstract:
Magister Legum - LLM<br>The global financial crisis resulted in a corporate collapse in different parts of the world. The global financial crisis was caused by poor governance. Consequently many countries, including South Africa, began to place more emphasis on good governance. The framework and guidelines for the development of good governance in South African company law was published by the Department of Trade of Trade and Industry (hereafter DTI) in a document referred to as The South African Company Law for the 21st Century: Guidelines for Corporate Law Reform (hereafter the DTI Policy Do
APA, Harvard, Vancouver, ISO, and other styles
26

Leach, James. "The correct understanding of the Business Judgment Rule in Section 76(4) of the Companies Act 71 of 2008: avoiding the American mistakes." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9615.

Full text
Abstract:
Includes bibliographical references.<br>The South African law concerning directors' duties 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 Delaware, so as to present what I perceive to be the correct practical application of the rule in South African corporate law. This dissertation does not address the wisdom of the decision to transplant and codify
APA, Harvard, Vancouver, ISO, and other styles
27

Le, Roux Lu. "In the name of the company : an analysis of the provision and effect of section 21 of the Companies Act 71 of 2008." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/77305.

Full text
Abstract:
A company acquires a legal personality upon incorporation and registration, before which it does not have the required capacity to enter into a valid contract. However, the promoter of a company may have to enter into an agreement on behalf of, or for the benefit of the company to be formed, either for the incorporation or for the future business of the company. Such a pre-incorporation contract often becomes a source of trouble and causes dispute over the validity or the legal consequences of the contract. Laws in common law jurisdictions and civil law jurisdictions make various provisions
APA, Harvard, Vancouver, ISO, and other styles
28

Olivier, Etienne Aubrey. "The impact of the Companies Act 71 of 2008 on the doctrines of ultra vires and constructive notice as it relates to unauthorised contracts." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5149.

Full text
Abstract:
Magister Legum - LLM<br>An agent acting in excess of his authority creates several legal problems, particularly in company law. In South African law, like in many other legal systems around the world, the interplay between the doctrines of ultra vires and constructive notice has, historically, played a profound role in governing the relationship between a company, its representatives, and outsiders. For decades, the contractual capacity and consequent liability of companies have been guided by thorny and intricate legal principles. This issue has become especially intriguing in light of the ch
APA, Harvard, Vancouver, ISO, and other styles
29

Mupangavanhu, Brighton Murisa. "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." Doctoral thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/25428.

Full text
Abstract:
Decision-making is the most critical role 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 or business. A director is accorded (by law) powers to exercise to enable him or her to fulfil the functions of that office. Decision-making, which is not an easy task, is critical to enterprise efficiency and advancement of the national economy. Directors have
APA, Harvard, Vancouver, ISO, and other styles
30

Weyers, Marius. "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?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15189.

Full text
Abstract:
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 running of two or more companies in the same business area or to acquire technology, infrastructure, expertise and/or skill in new practice areas. Before the advent of the Companies Act 71 of 2008 South African law did not make provision for 'mergers' as that term is understood in many other jurisdic
APA, Harvard, Vancouver, ISO, and other styles
31

Tlhapi, Onkabetse Matlhogonolo. "Rescuing creditors from business rescue : dissecting the detrimental effects of business rescue on creditors." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/75318.

Full text
Abstract:
This dissertation critically analyses the business rescue regime, with a specific focus on those attributes of the regime which detrimentally affect creditors. The main aspects which will be critically analysed include, the moratorium, the effect of business rescue on suretyships and the costs of business rescue. Examples will be used to illustrate the ways in which the business rescue regime is disproportionately slanted in favour of debtor companies as opposed to their creditors. Proposals as to how the regime can be developed to balance the competing interests of debtor companies and their
APA, Harvard, Vancouver, ISO, and other styles
32

Kaudeer, Ashirah Bibi. "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?" Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20859.

Full text
Abstract:
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 doing, an analysis of the South African statutory provisions will be undertaken, followed by a probe into how those provisions can lead to the probable conflicts to be encountered between management and the practitioner, which can in turn considerably affect the effectiveness and success of the corpora
APA, Harvard, Vancouver, ISO, and other styles
33

Marx, Amy Joy. "The deregistration of company for failing to submit annual returns in terms of Section 82(3) of the Companies Act 71 of 2008, and the restoration of the company to the companies register in terms of Section 82(4) and Section 83(4) by a creditor." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/45987.

Full text
APA, Harvard, Vancouver, ISO, and other styles
34

Havenga, Kelsey. "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." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19739.

Full text
Abstract:
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 States have dealt with the question of what is fair value in the context of oppression remedies and appraisal rights
APA, Harvard, Vancouver, ISO, and other styles
35

Etienne, Aubrey Olivier. "Corporate capacity, special purpose vehicles, and traditional securitisation in South African company Law." University of the Western Cape, 2019. http://hdl.handle.net/11394/7635.

Full text
Abstract:
Doctor Legum - LLD<br>The ideals of shareholder and creditor protection are affected by legislation pertaining to the validity of a company’s transactions. Until legislative reforms introduced in the twentieth century, a company’s capacity and the ultra vires doctrine traditionally limited the company’s ability to contract. Therefore, the legal framework regulating corporate capacity influences a company’s interactions with outsiders. The goal of the law in this regard should be to facilitate commerce while providing adequate protection to all affected stakeholders. South Africa’s Compan
APA, Harvard, Vancouver, ISO, and other styles
36

Smit, Imogan. "The application of the business judgment rule in fundamental transactions and insolvent trading in South Africa : foreign precedents and local choices." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5523.

Full text
APA, Harvard, Vancouver, ISO, and other styles
37

Labuschagne, Frederik J. "Chapter 4 offer regulation under the 2008 Companies Act." Thesis, University of Pretoria, 2014. http://hdl.handle.net/2263/45981.

Full text
Abstract:
Chapter 4 of the Companies Act of 2008 aims to regulate offers to the public of securities and is reviewed against the principles which underscore the regulation of offerings. An overview of the historical development of the company which is parallel to the regulation of securities shows the crystallized principles which are compared against the development and enactment of the current regulatory regime. The concept of “complete law” as key element to effective regulation is discussed and applied in the review of Chapter 4 determining the effectiveness of the dispensation. The three determinin
APA, Harvard, Vancouver, ISO, and other styles
38

Mota, Maroe Martin. "Analyses of Chapter IV of the Companies Act of 2008." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/45992.

Full text
APA, Harvard, Vancouver, ISO, and other styles
39

Ngcobo, Blossom. "A comparative analysis of the derivative action under the Companies Act of 2008 with the Companies Act of 1973." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/77425.

Full text
APA, Harvard, Vancouver, ISO, and other styles
40

Nortje, Denise. "A comparative study between Section 163 of the 2008 Companies Act and Section 252 of the 1973 Companies Act." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/45998.

Full text
APA, Harvard, Vancouver, ISO, and other styles
41

Buba, Zolani P. "The balancing of creditor interests in business rescue provisions of the Companies Act 2008." Doctoral thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/26884.

Full text
Abstract:
The integrated global economy has presented 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, ushering in a rescue regime which evidences a significant departure from its predecessor; judicial management. Contained within Chapter 6 of the Companies Act of 2008, business rescue adopts a fresh approach to company resuscitation. With relatively easy access to the proce
APA, Harvard, Vancouver, ISO, and other styles
42

Cassim, Maleka Femida. "The statutory derivative action under the Companies Act of 2008: guidelines for the exercise of the judicial discretion." Doctoral thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12762.

Full text
Abstract:
Includes bibliographical references<br>Section 165 of the Companies Act 71 of 2008 introduces the new statutory derivative action. The section confers a pivotal function on the courts as gatekeepers to the derivative action, with an important filtering or screening function to weed out applications for derivative actions that are frivolous, vexatious or without merit. The vital judicial discretion to grant leave to an applicant to bring a derivative action entails a tension between two equally important policy objectives. A proper balance between these two underpinning policy objectives depend
APA, Harvard, Vancouver, ISO, and other styles
43

Zindoga, Washington Tawanda. "Piercing of the corporate veil in terms of Gore: Section 20(9) of the new Companies Act 17 of 2008." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16923.

Full text
Abstract:
Includes bibliographical references<br>The first part of this minor dissertation will examine the historical development of the common law doctrine of piercing the corporate veil, its status and the concerns raised against the rule. In light of the fact that veil piercing erodes the limited liability of a company, it is necessary to appreciate both the relevance and the significance of separate legal personality and the historical development of the doctrine that carves out exceptions to limited liability in this context. The concept of separate legal personality goes hand in hand with the doc
APA, Harvard, Vancouver, ISO, and other styles
44

Eisele, Stefan. "Codification of the Business Judgment Rule in Section 76 (4) Companies Act 2008: comparing the South African with the German approach." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25021.

Full text
Abstract:
The Business Judgement Rule stems from the US common law and relates to the directors duty of care and skill. Currently, the Business Judgment Rule is in operation in many countries all over the world. It is a judicial device used to limit the scope of personal liability for directors and officers. The rule consists of a rebuttable presumption that a director 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 inform
APA, Harvard, Vancouver, ISO, and other styles
45

Gitonga, Anthony. "Is the 'little man' finally protected? : an exploration of minority shareholder protection in South Africa under the Companies Act of 2008." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4621.

Full text
APA, Harvard, Vancouver, ISO, and other styles
46

Van, Der Merwe Constant Pieter. "Reconsidering Distributions: A Critical Analysis of the Regulation of Distributions to Shareholders in the Companies Act of 2008, with Special Reference to the Solvency and Liquidity Requirement." Thesis, Stellenbosch : Stellenbosch University, 2015. http://hdl.handle.net/10019.1/97133.

Full text
Abstract:
Thesis (LLM)--Stellenbosch University, 2015<br>ENGLISH ABSTRACT : The Companies Act 71 of 2008 introduces a completely new system for the regulation of distributions by a company to its shareholders. The preferred method for protecting the interests of creditors in distributions is now based on a solvency and liquidity test. Regrettably, the provisions setting out the requirements for distributions on the one hand and the solvency and liquidity test on the other have been poorly drafted. This thesis first explains and then applies an innovative interpretation theory to these provisions with a
APA, Harvard, Vancouver, ISO, and other styles
47

Stevens, Angela Gail. "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." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20793.

Full text
Abstract:
Corporate heresy 1 or legislative oversight: is there room for the common law remedy 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 - (a) in accordance with the principles of the common law relating to breach of a fiduciary duty, for any loss, damages or costs sustained by the company as a consequence of any breach by the director of a duty contemplat
APA, Harvard, Vancouver, ISO, and other styles
48

Yeats, Jacqueline. "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." Doctoral thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20301.

Full text
Abstract:
This thesis seeks to identify how the appraisal 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 African Act was initially published for public comment, critics raised concerns that the inclusion of the appraisal remedy was undesirable and unnecessary. These concerns were largely motivated by the fact that at the time appraisal rights were a novel concept and
APA, Harvard, Vancouver, ISO, and other styles
49

Myers, Jonathan. "Changing the tune : conceptualising the effects of the global financial crisis on stakeholder perceptions of corporate value." Thesis, University of Hertfordshire, 2019. http://hdl.handle.net/2299/21101.

Full text
Abstract:
Could shareholder primacy, with its assumed short-termist practices, have had its day when it comes to managerial activity centered on creating corporate value? Many business and opinion leaders appear to take this position, not least Jack Welch who famously declared 'shareholder primacy is the dumbest idea in the world!' Indeed, in a post-Crash economy has a wider stakeholder focus with a longer-term outlook superseded any business notions of shareholder primacy and wealth maximization? This research examines these possibilities through a consideration of the narrative companies produce, such
APA, Harvard, Vancouver, ISO, and other styles
50

Matseke, Mmataka Patricia. "Capital rules in the Companies Act 71 of 2008." Diss., 2010. http://hdl.handle.net/2263/28321.

Full text
APA, Harvard, Vancouver, ISO, and other styles
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!