Dissertations / Theses on the topic 'Purpose in purchase of securities'

Government authority can, for public benefit purpose, take private ownership of land by compulsory purchase. Primary aim of this study is how to protect private land owners rights in spite of governments power of acquiring land. Bangladesh, as for details study, is a most densely populated country in the World. International best standards of practicing guidelines by FAO-UN, FIG and WB as well as other countries practice have reviewed from different perspectives. From theory, early stage negotiations, market value of property plus other damages, opportunity of involvement of all parties, protection of agricultural land , removal services all of those are the thorny of legal challenges to adopt into a new legislation in Bangladesh. Empirically, field study has conducted by way of interviewing from selected different projects in Bangladesh including largest project Padma Multiple Bridge. Huge destitute of land, unplanned city expansion, unsustainable development of infrastructure and environmental damage are remained as significant issues of sustainable development of land management. Analysis shows that Bangladesh has been losing 1% of agriculture land which related to the national employment and food production. 100% of the affected people wants to resettlement by the authority. There is clearly misusing of legal rights by the government authority: firstly, by using inequitable Acquisition and Requisition of Immovable Property Ordinance, 1982; no protection has been giving for religious place and graveyard under Antiquities Act, and Article 42(2) of Constitution also imposing unfair curtailment of rights for getting fair compensation. Finally, some recommendations have given for enacting a new legislation including planning permission, extended notice period, public meeting and review, agricultural land exempted, resettlement, valuation by valuers, in time compensation payment and right to Appeal.

Goal of master thesis Specifics of Quantitave Easing of ECB and exit strategy is to analyse monetary policy called Quantitative easing and its exit strategy. Largest part of thesis addresses this monetary policy on example of European central bank but there is also summary transmission mechanisms and opinions of effectivness of this monetary policy on examples of other central banks. On example of ECB this work describes process of quantitative easing. Also there is empicital analysis of impacts of purchases under Securities market programme on yields of goverment bonds. Result of this anylsis is finding that SMP was effective only partly, mainly at time of its announcement. Further the work analysis current balance sheet of ECB from the perspective of exit from quantitative easing concluding that ECB would be able to execute exit strategy to these days.

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The intention of this study is to carry out an analysis of securitization in Brazil and, therefore, it will present an analysis of the securitization terminology and appearance, first in the United States of America and then in Brazil. Thereafter, the legal nature and the concept of securitization will be studied pursuant to the Brazilian legislation, after which we will verify its legal structure, including (i) the incorporation of a specific purpose vehicle, consisting of an investment fund or a special purpose company, the latter usually incorporated as a joint-stock company, (ii) the assignment of credits from the company which originates the assets to the specific purpose vehicle, at which point the issue regarding the effective segregation of the applicable specific purpose vehicle s assets from the originator s assets will be analyzed, and (iii) the issuance of asset backed securities. The roles and responsibilities of the other agents which are part of the securitization process will be verified: the institution providing the structure of the operation, the fiduciary agent, the independent auditor and the rating agency. Finally, the specific securitization structures and regulations in Brazil will be described, as follows: export securitization, real estate securitization, financial credit securitization and receivables securitization in general
O presente trabalho tem por objetivo fazer uma análise da securitização no Brasil e, para tanto, analisa a sua terminologia e o seu surgimento, inicialmente nos Estados Unidos da América e, posteriormente, no Brasil. Após, serão abordados a natureza jurídica e o conceito de securitização dentro da legislação pátria, para, então, tratar de sua estrutura jurídica, que compreende (i) a constituição de um veículo de propósito específico, que pode ser um fundo de investimento ou uma sociedade de propósito específico, esta última geralmente constituída sob a forma de sociedade por ações, (ii) a cessão do crédito da sociedade originadora dos ativos para o veículo de propósito específico, analisando-se aí especialmente a questão que diz respeito à efetiva segregação dos ativos do patrimônio da originadora, e (iii) a emissão de valores mobiliários lastreados nos ativos cedidos. Serão então analisados os papéis e as responsabilidades dos demais agentes presentes na securitização, a saber, o estruturador, o agente fiduciário, o auditor independente e a agência de classificação de risco. Finalmente, serão descritas as estruturas específicas e a regulamentação de cada um dos tipos de securitização atualmente utilizados no Brasil, quais sejam, a securitização de exportações, a securitização imobiliária, a securitização de créditos financeiros e a securitização de recebíveis em geral

Les trois chapitres de cette thèse ont pour objectif de contribuer à une meilleure compréhension de la manière dont les politiques non-conventionnelles affectent les prix d’actifs. Ils revisitent également de manière empirique la question de l’impact de l’offre sur les prix d’actifs, et plus généralement des limites imposées à l’arbitrage, des frictions dans la réallocation des portefeuilles. Chaque chapitre présente de nouvelles données permettant de quantifier les mécanismes à l’œuvre dans le cas du programme d’achat d’actifs de l’Eurosystème (APP). Le chapitre 1 propose un modèle de portefeuille simple permettant de penser les mesures non conventionnelles dans un cadre cohérent. Les exercices empiriques confirment l’existence de plusieurs canaux de transmission des prix et évaluent l’impact de l’APP. Le chapitre 2 jette un nouvel éclairage sur le canal du rééquilibrage de portefeuille. Les fortes frictions liées à la réallocation, la forte demande d’“habitat préféré” et le faible niveau de substituabilité entre actifs permettent d’avoir un impact sur les prix, tout en limitant possiblement les retombées sur l’économie. Le chapitre 3 suggère que l’effet des achats de titres passe également si ce n’est en premier lieu par l’augmentation du coût d’emprunt de ces titres, ce qui a des répercussions sur la dispersion des taux du marché monétaire à court terme et pourrait rendre difficile à l’avenir la transmission de la politique monétaire conventionnelle si les taux autrefois considérés comme sans risque et contrôlables par la banque centrale ne pouvaient pas être contrôlés aussi précisément qu’auparavant
The three chapters contained in this PhD thesis aim at contributing to a better understanding of how unconventional monetary policies and in particular asset purchases affect asset prices. As such, they also revisit the question of the impact of bond supply on bond prices, and more broadly the questions of limits to arbitrage, frictions in portfolio reallocation and the role of intermediaries. Each chapter brings new original data to quantify the effect on bond prices, on the short term rates, and on the portfolio reallocation of investors. Chapter 1 built a simple portfolio model allows to think of them in a consistent framework, and suggests that the type of asset purchased, the degree of risk aversion or how assets covary are important. The empirical exercises confirm the existence of several transmission channels to prices and assess the impact of the European APP. Chapter 2 sheds a new light on portfolio rebalancing in terms of asset classes and shows it is more limited than previously thought. Heavy frictions to reallocation, strong “preferred habitat” demand and low level of substituability between assets allow for price impact of central bank asset purchases but at the same time possibly limit the spillovers on the economy. The main channel through which APP affects price might be even be more indirect that one thought: chapter 3 suggests that it might come from reducing asset supply and increasing the cost of borrowing them. This has repercussions on the dispersion of short term money market rates and might be challenging in the future if rates once considered as risk free and controllable by the central bank cannot be controlled as precisely as before. In other terms, controlling the long end of the yield curve might in part comes at the cost of loosing part of the control on the short end

Ägarlägenheter kan ha flera fördelar med bland annat ökat boendeinflytande för den enskildelägenhetsinnehavaren, vilket var ett av målen när lagen infördes. Långt färre ägarlägenheter har bildats änvad som förutspåddes när boendeformen infördes i Sverige år 2009. Därmed är det relevant attundersöka varför ägarlägenheter inte har fått det genomslag som förväntades. Examensarbetet syftar tillatt ta reda på hur rättsreglerna påverkar bildandet av ägarlägenheter samt hur övriga aspekter kanpåverka bildandet av ägarlägenheter. Samt därefter komma med förslag till vad det finns för behov avregelförändringar för ägarlägenheter. I detta examensarbete har den rättsdogmatiska metoden använts där förarbeten, doktrin ochforskningsartiklar ger en bakgrund till forskningsområdet. För att ta reda på hur reglerna förägarlägenheter tillämpas och upplevs av de aktörer som använder eller berörs av reglerna i praktikengenomfördes även en enkätundersökning riktad till förrättningslantmätare. Intervjuer genomfördes medexploatörer, förrättningslantmätare, experter på 3D-fastighetsbildning och personer som deltagit i arbetetmed att ta fram utredningar. En fallstudie har även utförts för att gå in djupare i en lantmäteriförrättningsom var i gränslandet för om en syftestolkning av den så kallade åttaårsregeln kunde göras eller inte. Det faktum att boendeformen år 2009 infördes med viss försiktighet och endast tilläts att bildas vidnyproduktion och i befintliga bostäder som inte haft boendeverksamhet de senaste åtta åren har troligtvislett till att färre ägarlägenheter har bildats än vad det annars hade gjort. Fastighetsbildningsreglernabegränsar antalet ägarlägenheter som bildas, men det finns även andra orsaker till varför flerägarlägenheter inte har bildats. Många aktörer var inte redo att hantera boendeformen när den infördesoch det kan även vara så att allmänheten inte har tillräcklig kunskap om vad boendeformen innebär.Problem i tillämpningen av reglerna har främst uppkommit i samband med åttaårsregeln (3 kap. 1 b §FBL) och detaljplanevillkoret (3 kap. 2 § FBL). Det finns även flera åtgärder som skulle kunna underlättabildandet av ägarlägenheter. Det innefattar att tillåta omvandling av befintliga bostadsutrymmen tillägarlägenheter, klargörande av åttaårsregeln, anpassningar av detaljplaner till 3D-fastighetsbildning samtanpassningar i AL för ägarlägenheter och 3D-fastigheter.
There can be several advantages to condominiums (sv. ägarlägenheter). Amongst them are the increasedinfluence for the residents, which was one of the objectives when the law was introduced. The number ofcondominiums that have been formed in Sweden are significantly lower than what was predicted beforecondominiums were introduced in Sweden in 2009. Therefore, it is relevant to investigate whycondominiums have not had the expected breakthrough. The purpose of this thesis is to analyse how thelegal rules and other aspects affect the amount of condominiums that are being built. Furthermore, thethesis aims to suggest changes, that are needed, to the rules and application of them regarding propertyformation of condominiums. The methods that have been used in this thesis are document studies, a survey, semi structuredinterviews and a case study. The method of document studies was used to get an understanding of thebackground of the research field by analysing the legislative history, literature within the field andresearch articles. Next, to get an understanding of how the laws of condominiums are applied andperceived by surveyors in reality a survey was used where surveyors with experience of cadastralprocedure of condominiums were the target group. Furthermore, semi structured interviews were alsoused to get an understanding of how the laws of condominiums are applied and perceived in reality byinterviewing land developers, surveyors, experts in 3D-property and people that have participated withthe work of government inquiries. Finally, a case study was used to get a deeper understanding of acadastral procedure. The cadastral procedure was a critical case for the so-called eight-year rule (sv.åttaårsregeln) and whether or not an interpretation of the purpose of the rule could be used. The fact that the tenure condominiums were introduced with caution in Sweden and condominiums wereonly allowed to be built in newly produced housing or in buildings which had not been used as housing forthe last eight year before the property formation has probably limited the amount of condominiumsproduced. The rules regarding property formation limit the amount of condominiums built but there arealso other factors that affect the amount. Many actors were not ready to handle the tenure when it wasintroduced, and it is also possible that the public does not have enough knowledge of the implication ofthe tenure. The problems with administering the law have mainly arisen regarding the eight year-rule, (3-chapter 1 b § Property Formation Act (FBL)) and the planning condition (3 chapter 2 § PropertyFormation Act). There are also several other measures that could simplify the property formation ofcondominiums. That includes introducing the possibility of forming condominiums in spaces already usedas housing, clarification of the eight-year-rule, adaption of zooning procedure to 3D-properies andcondominiums and adjustments in the Joint Facilities Act (AL) to better suit 3D-properties andcondominiums.

Company law traditionally regulated capital by use of the capital maintenance principle. The Companies Act 71 of 2008 replaces the capital maintenance regime with one based on solvency and liquidity. This dissertation aims at analysing the capital rules relating to financial assistance as they are contained in the Companies Act 71 of 2008. This includes the provision of financial assistance for the purpose of or in connection with the purchase or subscription of securities in the company (section 44) and the provision of financial assistance to directors and prescribed officers of the lending company or of a related or inter-related company, or to a related or inter-related company (sections 45). The solvency and liquidity test, which is required to be applied when a company intends to provide financial assistance is analysed at the outset of the study. The work of renown authors are used for purposes of the study. The solvency and liquidity test comprises of two elements, namely solvency and liquidity. Each element of the test as well as the assets to be considered and valuation thereof is analysed. The greatest problem with regard to the test is which assets to include when the company is part of a group of companies and the lack of provision for the protection of preferential liquidation rights in all instances. Clarity is called for in these regards. Where there is a question as to valuation method of the assets, it is submitted that it is best left to be determined by the directors. The provision of financial assistance in terms of section 44 is analysed in detail. The provision of financial assistance to a person for the purpose of or in connection with the purchase of securities in a company is allowed, subject to certain conditions and requirements. Companies are also allowed to impose further conditions or requirements in the Memorandum of Incorporation. The key terms are defined and analysed, as well as the conditions or requirements for the provision of financial assistance. The scope of application of the section is cast incredibly wide due to the wide definition of “securities” and the extension of the application to financial assistance for securities in a “related or inter-related” company. The provision of financial assistance in terms of section 45 is analysed in the same manner (albeit in less detail) as section 44. The biggest problem here again is its wide scope of application due to the extension of application to provision of financial assistance to a “related or inter-related” company or director or a prescribed officer thereof.
Dissertation (LLM)--University of Pretoria, 2010.
Mercantile Law
unrestricted

This paper examines the Ontario Securities Commission's regulation of poison pills as well as several proposals to reform the current regulatory regime. In particular, the paper argues that regulation and reforms should be viewed within the context of two fundamental, normative questions that underlie much of corporate law: what is the purpose of the corporation, and who should determine whether these goals are being met. After outlining several competing theories, the paper explains why a corporate model based on the shareholder-centric, wealth maximization theory is best suited for hostile takeover situations. Additionally, the paper argues that a structural bid reform that would require hostile bidders to include minimum tender conditions and additional opportunities for target company shareholders to tender following a successful bid would provide the best way to incorporate this corporate model into Ontario securities regulation.

碩士
中原大學
企業管理研究所
106
The advertising industry is a supportive industry. The surplus of the industry usually fluctuates along with the prosperity of the economy. Reichert and Carpenter (2004) found that from 1983 to 2003, in order to achieve the advertising effect that sexual appeals can achieve in the past, the sexual appeals become more visualized and visually stimulated. Whether or not these sexual elements in perfume advertisements are related to the product itself? and whether the use of sexual elements is a prerequisite for perfume ads? whether it can achieve positive publicity for the sales of products? all of these are important topics worth to discuss deeply. This study will focus on the impact of sexual appeal advertising on consumer advertising preferences, as well as the preference of sexual appeal advertising, and the impact of product purchase intention. In this study, One Way ANOVA, Two Ways ANOVA, and Linear Regression were used as the analysis methods. This study used an experimental questionnaire to explore the effect of different appeal advertisements on consumer advertising preferences and purchase intentions, with gender and the purpose of purchase as the interference factors. The results of the study are as follows: Comparing with non-sexual appeal advertisements, consumers are more like explicit-sexual appeal advertisements; Comparing with non-sexual appeal advertisements, consumers are more like implicit-sexual appeal advertisements; But Comparing the consumers’ preference for explicit-sexual appeal advertisements and implicit-sexual appeal advertisements, There are no obvious difference. Gender influences the relationship between advertising appeals to consumers. However, there is no effect on the relationship between explicit-sexual appeal and implicit-sexual appeal. Furthermore, Male consumers have more prefer the explicit-sexual appeal advertisements than non-sexual appeal advertisements, and also more prefer the implicit-sexual appeal advertisements than non-sexual appeal advertisements. Women’s preference for implicit-sexual appeal advertisements is higher than explicit-sexual appeal advertisements and non-sexual appeal advertisements. And preference for explicit-sexual appeals are higher than non-sexual appeal advertisements. The preferences for perfume’s sexual appeals ads on no matter male or female consumers with the purchase intentions, there is a positive relationship between them, and will not change because of the different gender. The relationship between sexual appeal ads’ preference and purchase intention for male, will change because of the different purchase intentions. Female consumers are not affected. The above research results proved that although the perfume’s sexual appeal advertisement will increase the consumer''s advertising preference and purchase intention, the sexual appeal level of the advertisement has different perceptions due to different genders. if the sexual appeal of the perfume advertisement is too obvious, too over-exposed or over-emphasized the sexual part. it may affect the perception of female consumers on the advertisement and reduce the purchase intention. This study puts forward suggestions for practical and academia based on the results of this research and uses its suppliers to design more effective marketing strategies.

碩士
國立成功大學
都市計劃學系
105
Affected housing price factors that the characteristics of housing structure and housing where the neighborhood environment. According to the Construction and Planning Agency of The Housing Demand Survey that the purchase of residential in attrition to the housing price itself, nearing different public facilities is also a factor. There is popular facility as YIMBY Facilities and unwelcome facility as NIMBY Facilities. In this study, according to the data of the Housing Demand Survey from government. We use the Rosen(1974) Hedonic Price Theory and Multiple Regression Analysis to predict the differences purpose of purchase in Taipei and conclude the factor which affect the housing price. And then we would discuss the housing price and YIMBY Facilities distance the extent of its impact. The Housing Demand Survey from 2011 to 2014. Finally, we find the consumers are focus on the distance from housing to the MRT ,park and CBD. In the contrast to the consumer, the investors are focus on the distance from housing to the MRT and CBD. The marginal willingness-to-pay of per 100 meters of housing price 15.7million dollars and 21.2million dollars. On the other hand, the self-occupation relationships between MRT station distance and the price of housing are decreased after an initial increased. The relationships between park distance are increased after decreased. The distance from CBD is in line with Alonso(1964) rent curve, which is far from the decrease housing price in the CBD. The investor relationships between MRT station distance and the price of housing are increased after an initial decreased. In addition to considering the positive impact of the YIMBY facilities, the purchaser will consider the negative effects, such as the noise and traffic congestion.

碩士
國立臺北大學
犯罪學研究所
104
It is happened recently that high level managers of Well-known Hon Hai Precision Ind Co., Ltd.(Foxcom), HTC Corporation (HTC) and Nankang Rubber Tire Corp., Ltd. took opportunities charging rebate when they purchased machine and equipment. And these events cause social attention. The corruption of business seems the problems of company managers‘ morality and personal integrity that make loss of the business. However, in Taiwan current industrial and commercial society, close, dense and complicated relationship between business create our country and economy. The corruption of business is not only a event of company, but also affect the development of country’s image and industry. Securities Exchange Regulations clearly regulate company director, supervisor, manager and employee, who violate his responsibilities, or occupy the company asset by merchandising unfavorable deal and doing unreasonable routine directly or indectly, just for his or another one’s profit, and do huge harm for the company. I think it will affect our business and country economy seriously. If we don’t regulate that behavior, it is bound to make investor loss and hurt our country economy foundation. Therefore we have to discuss that regulation from breach of trust, and analyze it’s quality, legal benefit, elements, and legislative necessity. I hope I can offer another think way for related area or research. I use case interview in this paper. Throuth talking and depth interviews with high-end executives of domestic small、 medium and companies listed cabinet, we discuss special trust breaking’s legislation and element of the Securities and Exchange Ragulations Article 171-1-3..I find from this paper: Companies value morality and personal integrity very much. People feel this kind of crime less than other crimes. This kind of crime is related to company culture. The definition of the manager is not clear currently. The respondents don’t trust our judicature. Judical officers’ specialty needs to be promoted. I also make the following recommendations: Enhance the specialty of the judiciary. Provide corporate insiders denounced the will to implement the independence of the judiciary. Increase public trust and proceed from education advocacy.

碩士
國立高雄第一科技大學
行銷與流通管理系碩士班
105
The industry of e-commerce has committed to improve the accuracy of the arrival time of goods in order to eliminate the consumers' uneasiness and enhance individual company’s own competitiveness. However, to manage "the accuracy of arrival" is not simple; it is easily to cause delays in the arrival of goods. According to Schwartz (1975) pointed out that waiting is a complex phenomenon, the consumers usually respond emotionally. And Taylor (1994) and Hui & Tse (1996) have found that the longer the delay, the higher the consumer's negative affective. Thus, most scholars in the past have been devoted to investigate the relationship between the delay of arrival and the negative affective reponse of consumers. Research of relating the advanced arrival to the consumer positive affective response is few. Therefore, this study investigates the impact of different arrival time deviance on the affective responses of consumers. The factors that influence the relationship between delivery time deviance and affective respones depend on consumer heterogeneity, product type, website characteristics, product category, and task involvement. Therefore, this study further discusses the moderating effect of the purchase situation, the purpose of the buying and the type of product on the impact of the arrival of the time deviance on the affective response of consumers. This study adopted the method of experimental design. The independent variable is the arrival time which has two deviances ( e.g., “advanced” and “delayd”). Each deviance type includes 4 levels, such as 6, 12, 24 and 48 hours, respectively. The dependent variable is the consumer affective response. And the moderating variables are the purchase situation, the purpose of buying and the type of product. The goal is to investigate the relationships among the individual variables. The main results of this study are as follows: 1. The arrival time delayed that surpasses a threshold perceived by consumers makes a significant increase in the degree of anxiety. 2. The arrival time advanced that surpasses a threshold perceived by consumers makes a significant increase in the degree of pleasure. 3. Compared to individual purchases, group buying increases the effect of time delay on the degree of anxiety. 4. Compared to the purpose of personal use, the purpose of giving gifts increases the effect of time delay on the degree of anxiety.

The purpose of this Work Project is to help investors understand how a Chinese private equity fund works through a pre-IPO project analysis of a Chinese private equity fund company named New Silk Road Investment Management Co., Ltd. Firstly, the investment target was selected through analyzing Chinese listing requirements and investment preference of our investment team. Then I started to do the industry research and company research of the investment target to analyze its situation. Finally, the valuation of investment target was done based on some assumptions to project the purchase price.

Motivated by the necessity of change in a world with alarming environmental and social issues, consumers' purchase behaviour and brands' business models have been showing an incredible transformation. This reality transcends to the fast-fashion industry, where brands progressively begin to communicate their CSR practices (cause-related marketing) and their purpose (purpose-driven orientation). In line, the present dissertation intends to examine how well-established fast-fashion brands can communicate more efficiently a cause-related advertisement by integrating purpose-driven statements. Based on an extensive analysis of the existing literature regarding the concepts in cause, an experimental study design was performed to examine the effect of adding a purpose-driven statement to a cause-related advertisement on consumers’ purchase behaviours and brand equity perceptions, as well as to which type of responsible practice are consumers more sensitive. Results alert to the importance of introducing a purpose-driven orientation effectively. The success of a purpose-driven statement communication requires the integration of important elements and a clear internal congruency. If consumers cannot relate the statement with the brand’s practice conduct it will lead to a perverse result and consumers' purchase intention will decrease. Moreover, this thesis reinforces the relevance of cause-fit in a cause-related advertisement.
Motivados pela necessidade de mudança, num mundo que atualmente apresenta alarmantes problemas ambientais e sociais, o comportamento dos consumidores e os modelos de negócio das marcas têm vindo a apresentar uma incrível transformação. Esta realidade transcende para a indústria de fast-fashion. As marcas começam a comunicar as suas práticas de responsabilidade social – marketing relacionado com causas (MRC) e os seus propósitos – purpose-driven orientation. Esta dissertação pretende estudar como é que marcas bem estabelecidas da indústria de fast-fashion podem comunicar eficientemente uma publicidade relacionada com causas, integrando nas mesmas afirmações relativas ao seu propósito. Com base numa análise extensa da literatura existente sobre os conceitos em causa um estudo experimental foi realizado de forma a tecer conclusões em relação ao efeito que adicionar uma afirmação relativa ao propósito da marca, numa publicidade que comunique uma prática de responsabilidade social ou ambiental, tem no comportamento de compra do consumidor e na sua perceção de valor da marca, e a que tipo de prática são os consumidores mais sensíveis. Os resultados mostram que é importante introduzir o conceito de purpose-driven orientation eficazmente. O sucesso da comunicação do propósito da marca requer a integração de elementos fundamentais e congruência interna. Se os consumidores não conseguirem relacionar a afirmação com a conduta praticada pela marca irá originar um resultado perverso e a intenção de compra dos consumidores irá diminuir. Adicionalmente, esta tese reforça a importância da existência de cause-fit aquando a prática de MRC.

The Companies Act of 71 of 2008 makes a number of important changes to the rules relating to capital maintenance. In line with the objectives of the Companies Act of 71 of 2008, section 44 of the Act has removed the prohibition on the provision of financial assistance by a company which was contained under the previous section 38 of the Companies Act 61 of 1973. Despite the repeal of the prohibition, a transaction which involves the provision of financial assistance by a company for the acquisition of or subscription of its own securities still needs to be effected in accordance with the requirements and conditions that are provided under the Act and Memorandum of Incorporation. To explore the new developments, within this study, the provision of financial assistance in terms of section 44 of the Companies Act of 2008 is, therefore, analysed in detail. On the other hand, the UK Companies Act of 2006 repealed the prohibition on the giving of financial assistance by private companies in most circumstances. It, however, retained the prohibition to public companies only because of the requirements of the Second Company Law Directive (77/91/EEC). This study also explores the rules of financial assistance by a company under the UK Companies Acts in detail. Though the source of financial assistance by a company both in South Africa and in English Company laws is rooted in the English decision of the Trevor v Whitworth case, currently these countries have adopted what is deemed appropriate and significant in their own countries. This study, therefore, examines and compares the rules governing the provision of financial assistance by a company in the company laws of these two countries.
Mercantile Law
LL.M. (Commercial law)