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1
Leow, Rachel Pei Si. "Companies in private law : attributing acts and knowledge." Thesis, University of Cambridge, 2017. https://www.repository.cam.ac.uk/handle/1810/270291.
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This thesis is about corporate attribution in private law. Unlike human persons, companies are artificial legal persons. They lack a physical body with which to act, and a mind with which to think. English law therefore developed the concept of attribution so that legal rules could be applied to companies. Attribution is the process of legal reasoning by which the acts and states of mind of human individuals acting for a company are treated as that of the company, so as to establish the company’s rights against and obligations owed to other parties. This thesis examines the rules of attribution across the private law of obligations, focusing on the law of contract, tort, unjust enrichment, and selected aspects of equitable liability. Three main arguments are made in this thesis. First, there is a sharp distinction between the rules of attribution and the substantive rules of private law to which they apply. The former belongs in the law of persons, and it concerns when the acts and states of mind of an individual can be attributed to a company. The latter belongs in the law of obligations. Second, the same rules of attribution should be, and have largely been used across the entire expanse of private law. Regardless of the area of private law in which the question of attribution arises, the same question is being asked, and so the law’s answer should be the same. Like should be treated alike. This is normatively desirable, because it ensures coherence across private law. Third, it is therefore possible to state the rules of attribution that apply in private law. The acts of an individual A will be attributed to the company C where they were (i) specifically authorised (‘specific authority’), (ii) where A performs an act within the class of acts that A has power to do on behalf of C, even if A is acting in breach of duty (‘actual authority’), or (iii) where A has either been placed in a position or been held out by C such that a reasonable person in the position of a third party would reasonably believe that A had the power to act for C (‘apparent authority’). A’s knowledge will be attributed to C where it is material to the class of acts that A had specific or actual authority to do on behalf of C. Although commonly thought to be a series of diverse, disparate rules found in different doctrines and different areas of law, the rules of attribution form a remarkably coherent, consistent whole across private law.
2
Barma, Hussein. "Legal aspects of financial reporting in company law." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.322717.
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Saw, Paul Hooi Hean. "The auditor and fraud detection : an interpretation of the Companies Acts from 1844 to 1989." Thesis, University of Sheffield, 1992. http://etheses.whiterose.ac.uk/1800/.
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The primary focus of this research is on understanding the role of the auditor towards fraud detection. More specifically, it is concerned with ascertaining the statutory audit objectives (relating to fraud detection) from all the relevant Companies Acts since 1844. In addition, it offers some sociological interpretations of the shifts in responsibility and the emergent meanings over time. The contents of this research are divided into three major parts. The first takes a critical look at the nature of auditing research conducted in this area, paying particular attention to its methodological underpinnings. It concludes that this quantitative knowledge stock does not adequately deal with the epistemological and philosophical concerns primarily because of the dominant scientific and functionalist assumptions upon which such knowledge is based. It is argued to be an inappropriate foundation upon which to build to satisfy the problem focus adopted by this research project. The second part presents a case for and describes the design of a methodological approach called 'EIS!' (Epiphanic Interpretive Symbolic Interactionism). It is built on phenomenological symbolic interactionism with hermeneutics as the basis for satisfying the epistemological concerns of this research. The third part applies this 'ElS1' model towards an understanding and interpretation of the problematic role of the statutory audit and fraud detection from the viewpoint of the researcher as an auditor. The conclusions forthcoming from this research are twofold. First, that the 'ElS1' model is a general qualitative model for the epistemological concerns here but not the only approach which could fulfil such a claim. Second, the empirical findings indicate that the role of the statutory auditor towards fraud detection is more implicit than explicit. It exposed the defining paradox of contemporary legal culture that its ideology is one of consensus and clarity. Overall, this research has provided additive contributions in the form of new or improved methodology, evidence, analysis and concepts.
4
Gerber, Elné. "A Comparative Study of the Financial Assistance for the Subscription of Shares in terms of the 1973 and 2008 Companies Acts." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/45978.
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Jukes, Christopher Andrew. "A comparison between the Companies Acts of 1926 1973 and 2008 in respect of pre-incorporation contracts in relation to the stipulation alteri." Diss., University of Pretoria, 2018. http://hdl.handle.net/2263/65664.
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Lamouroux, Guillaume. "Les subventions aux entreprises privées : contribution à l'analyse civile et fiscale de l'acte neutre." Electronic Thesis or Diss., Bordeaux, 2021. http://www.theses.fr/2021BORD0018.
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Si les réflexions menées sur la notion de subvention foisonnent en droit public et en science financière, le droit privé fait preuve à son égard d’une certaine indifférence. Celle-ci est d’autant plus préjudiciable que le phénomène des subventions consenties aux et par les entreprises privées ne peut qu’imparfaitement être appréhendé à travers le prisme de l’analyse classique de ces matières, à savoir que la subvention est une aide financière accordée sans contrepartie par une personne publique. L’étude des subventions aux entreprises privées permet donc d’apprécier la pertinence de cette analyse classique et propose un renouvellement de la notion de subvention à un triple titre.Tout d’abord, à rebours de l’analyse de droit public, la subvention doit être qualifiée non pas d’acte unilatéral, mais de contrat unilatéral. Il ne faut pas, en effet, confondre l’expression du consentement de la personne morale, résultant d’un acte unilatéral, avec l’acte de subvention, ayant une nature contractuelle. Ensuite, la subvention n’est qu’une variété d’aide financière. Elle se caractérise par un transfert direct de valeurs du patrimoine de l’auteur de la subvention à celui de son bénéficiaire, les valeurs étant toujours affectées à la réalisation d’un but déterminé. Ces deux éléments sont essentiels, car ils permettent de distinguer la subvention d’autres aides aux entreprises (telles qu’un abandon de créance, un prêt ou une opération pour un prix minoré ou majoré) et de mettre en évidence que l’affectation de la subvention n’engage pas son bénéficiaire à l’exécution d’une obligation, mais plus justement au respect de cette finalité en raison de la force obligatoire du contrat. En cas de méconnaissance, l’entreprise subventionnée s’expose alors à la résolution du contrat pour inexécution, toute exécution forcée étant impossible au regard de l’atteinte qu’elle porterait à sa liberté de gestion. Enfin, la subvention n’est pas exactement une aide sans contrepartie, mais plutôt une aide sans contrepartie directe. Si son auteur recherche alors souvent une contrepartie indirecte de l’attribution de la subvention, il n’en retire parfois aucune. Cette alternative fait apparaître toute la spécificité de la subvention, puisqu’elle peut être consentie soit à titre gratuit soit à titre onéreux. En d’autres termes, la subvention est un acte neutre, d’où les nombreuses difficultés pratiques qu’elle suscite. Plus précisément, en tant que contrat neutre, la subvention ne trahit pas sa cause et il faut alors déterminer dans chaque cas si le but de son débiteur est intéressé ou désintéressé. Cette recherche est indispensable, car la subvention consentie à titre gratuit, notamment par une entreprise privée, entraîne une réaction du droit des sociétés – violation du principe de spécialité – du droit fiscal – acte anormal de gestion – et du droit pénal. La mise en évidence de telles limites à la liberté de subventionner les entreprises privées contribue alors à révéler l’identité civile et fiscale de l’acte neutreWhile the notion of subsidy is widely discussed within public law and financial science, private law remains relatively indifferent to this subject. This is particularly detrimental given that the concept of subsidies for and by private companies can only be imperfectly assessed via the classical analysis of these subjects where a subsidy is viewed as an unconditioned financial support. Studying subsidies to private companies thus enables us to assess the appropriateness of this classical analysis and to suggest a renewed understanding of subsidies on three aspects.Firstly, unlike in public law, a subsidy must be viewed as a unilateral contract, not a unilateral act. It is important indeed not to confuse the expression of consent by a legal entity, which results from a unilateral act, with the act of granting a subsidy, which is contractual in nature. A subsidy is also just a type of financial support. It is characterized by a direct wealth transfer from the grantor of the subsidy to its beneficiary, valued on the achievement of a specific goal. These two elements are essential as they differentiate a subsidy from other types of private companies’ support mechanisms (such as debt relief, loans, underpriced or overpriced transactions) and show that being goal-oriented does not commit the beneficiary to realizing the stated objective, rather it is the binding nature of a contract that enforces this obligation. In case of non-compliance, the subsidized entity will be subject to the contract’s termination clauses for being in default of its contractual obligations, a forced contractual compliance being not possible as it remains a management decision. Finally, a subsidy is not exactly an unconditioned financial support, rather it is a support without direct obligations. If its grantor often aims to obtain a direct benefit against the issuance of a subsidy, it often obtains nothing. This alternative reflects the specificity of a subsidy as it can be given for free or not. In other words, a subsidy is a neutral act which explains its numerous practical difficulties. More precisely, as a neutral contract, a subsidy does not express a specific reason, in each case it must thus be assessed if the issuer has a vested interest in the granting of the said subsidy. This research is of great interest, as a subsidy granted for free, in particular by a private enterprise, has consequences in terms of company law – breach of the “specialty” principle – tax law – customary managerial decisions – and criminal law. Showing the limits of the freedom to subsidize private companies contributes to reveal the civil and tax identity of a neutral act
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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.
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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.
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Taylor, Peter Neil. "Enlightened shareholder value and the Companies Act 2006." Thesis, Birkbeck (University of London), 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.546847.
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The Companies Act 2006 aims to make a significant contribution to the corporate governance system in the UK by embedding in statute the concept of 'enlightened shareholder value'. The Act legally mandates shareholder value but with the proviso that it should be 'enlightened' by two statutes designed to promote an 'inclusive' approach towards the interests of stakeholders and to encourage a long term view to be taken of corporate investment. S.172(1) of the Act places an obligation on directors to 'have regard to' a range of other stakeholder interests in pursuit oftheir general duty 'to promote the success of the company' and SA17 (business review) sets out specific qualitative information which directors must include in their report to shareholders. This thesis describes a detailed empirical study of how a sample of FTSE 350 companies and major institutional investors have reacted to the two statutes. It complements the work of legal scholars who have variously described the enlightenment principle as little different from the shareholder model and as a 'third way', intermediate between the Anglo-US and stakeholder-orientated models of corporate governance. The study also explores the paradox at the heart of S.172(1), the outcome of which, together with a study of the literature, a review of the principal theories of governance and the empirical results enables a theory to be proposed which describes the enlightenment of shareholder value. This suggests that enlightenment is best viewed as a theory which aims to preserve the integrity of the shareholder model by mitigating against the possibility of market failure. Enlightened shareholder value is thus a complement to other institutional measures which encourage good governance for the benefit of shareholders and other stakeholders alike
10
Labuschagne, Frederik J. "Chapter 4 offer regulation under the 2008 Companies Act." Thesis, University of Pretoria, 2014. http://hdl.handle.net/2263/45981.
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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 determining concepts of regulation: the “offer,” “securities” and “public” are studied against the definitions which determine regulation and the inclusion of secondary market regulation of unlisted securities. Serious shortcomings in the process are identified. These errors, together with the practical problems of defining and regulating the secondary market in Chapter 4 read with the remainder of the delineating definitions, concludes that the current system is not in line with the principles of regulation and the Grundnorm of fraud prevention, resulting in Chapter 4 falling under the concept of “incomplete law” resulting in a high probability of enforcement failure and inefficiency. A comparative overview related to the jurisdictions of the United Kingdom and the United States follows with recommendations aimed at amending Chapter 4 relating to the regulatory regime in toto as well as the regulation of unlisted securities in the secondary market.Thesis (LLD)--University of Pretoria, 2014.
tm2015
Mercantile Law
LLD
Unrestricted
11
Bircher, Paul. "From the Companies Act of 1929 to the Companies Act of 1948 : a study of change in the law and practice of accounting." Thesis, London School of Economics and Political Science (University of London), 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313439.
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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.
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Magister Legum - LLMIn 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 company and often for the director himself.3 Director’s fiduciary duties previously developed from our common law and was established through the precedents set by our courts.4 These duties were partially codified in the Companies Act 71 of 2008.5 It can be clearly seen that the Companies Act 61 of 1973, only mentions the duties but does not specify directly the types of duties.6 The standard of conduct expected of directors is provided for in section 76 of the Companies Act 71 of 2008.7 Furthermore, section 77 contains the liability of directors for any breach of their duties.8 This raises the point that a director can incur various type of liability for a breach of their duties. The type of liability that can be incur is personal liability and criminal liability.9
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Garcia, Dave L. "The protection of creditors under a new Jamaican companies act." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0003/MQ33483.pdf.
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Mota, Maroe Martin. "Analyses of Chapter IV of the Companies Act of 2008." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/45992.
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Chola, Mwewa. "Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15183.
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Companies play a very important role in the economy of any country. A country's economic growth and development depend largely on whether or not its regulatory environment is conducive for enterprises to thrive. In recognition of the important role companies and businesses generally play in an economy, several developing countries have, in recent years, been carrying out reforms intended to enhance the ease of doing business in their respective countries. Zambia has been no exception. Some of the issues that are widely accepted as having an influence on the ease of doing business include the cost and length of dispute resolution for businesses. Therefore, it is unsurprising that some reforms aimed at, among other things, expediting and lowering the cost of commercial dispute resolution have taken place in Zambia. For example, the commercial list of the High Court was established in 1999with a view to expediting the resolution of commercial disputes. However, the cost of commercial dispute resolution remains of concern. The dissertation explores the Zambian Companies Act dispute resolution framework in a bid to consider its standing vis-Ã -vis enhancing Zambia's competitiveness in so far as the ease of doing business is concerned. It posits that the Companies Act resolution framework does not help Zambia's quest to enhance the ease of doing business on the dispute resolution front because it is predominantly anchored on recourse to court. A comparative study of current trends in company law dispute resolution is undertaken, which reveals a shift from reliance on the courts as the predominant dispute resolution forum to tribunal based dispute resolution. The dissertation ultimately recommends the establishment of a Companies Tribunal for Zambia as a measure that would contribute to lowering the cost of commercial dispute resolution - at least in the context of the Companies Act - and enhancing the ease of doing business in Zambia.
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Kosovský, Alexander. "Strategic options of distressed companies in the Czech legal environment." Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-125181.
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The thesis provides a detailed overview of crisis resolution options available to distressed companies in the Czech legal environment. The work starts by describing the most common causes of corporate distress in attempt to understand the process of decline and define the key steps to prevent crisis in the early stage. We then proceed to discuss the methods of resolution that can be applied in the early pre-bankruptcy stages of distress, including downsizing and divestitures, out-of-court settlement with creditors, mergers with or acquisition by strategic or financial investors, or voluntary liquidations. Further on, the work provides a comprehensive summary of the Insolvency Act, the Czech legislation governing bankruptcy proceedings, concentrating on the option that could preserve business operations of troubled companies -- reorganisation. In the practical part of the thesis, the author evaluates the reorganisation plan of ČKD Kutná Hora, a.s., focusing on the company-specific issues and assessing the viability of the plan according to a number of success and risk factors, as well as the objectives stipulated by the Insolvency Act.
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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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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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Baiketlile, Lindani. "Corporate capacity and authority of agents under the Botswana Companies Act 2003." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9169.
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Includes bibliographical references.The purpose of this paper is to examine the way in which the capacity of the company is to be determined and also how the law has been changed with regard to when the company acts beyond its capacity and where directors or other agents acts beyond their authority. Corporate capacity herein refers to the ability of a company to enter into a particular transaction with a third party and Authority on the other hand will refer to acts by individuals who purport to take decisions on behalf of the company. The effectiveness of the Act in addressing the capability of the company to contract will be critically analysed and so are the protections offered to shareholders, the company and in equal measure third parties dealing with the company. The paper will particularly analyse the two fundamental doctrines/rules relating to corporate capacity, namely the ultra vires doctrine and constructive notice. The Turquand rule, agency principles and constructive notice will be discussed in so far as they relate to authority of agents. A comparative analysis of the provisions of the Act on capacity and authority will be undertaken with reference to the South African Companies Act of 2008. The comparison is meant to assess the competitiveness and harmonization of the Act with those of other countries particularly in the SADC region, to foster regional Integration.
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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)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 unsatisfactory pro rata share in the residue for unsecured creditors, and the abandonment of claims when such are not proved. Having a corporate rescue procedure in place can prevent or even limit the amount of job losses, or provide an alternative measure as opposed to liquidation of companies. Corporate rescue affords a company a second chance, after having once failed, to restructure its financial affairs and once again become a successful concern.
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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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Dean, Janice Louise. "Directing public companies : company law and the stakeholder society." Thesis, Brunel University, 2000. http://bura.brunel.ac.uk/handle/2438/5289.
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This thesis examines the legal duties of directors of UK public companies in the light of the 'stakeholder' approach to the firm. It considers the theory that directors are not simply agents of shareholders, but have a duty to take into consideration and, where appropriate, to balance the interests of several constituencies. Examples of suggested stakeholders include employees, customers, suppliers and creditors, as well as the local community and the natural environment. If this broad view of public company responsibility is warranted, the role of the law in securing a 'stakeholder' style of management needs to be examined, and this study attempts that task. To this end, empirical research was conducted via interviews with public company directors and secretaries from a range of public companies of different sizes operating in many business sectors to investigate: • the extent to which at present they view their role as requiring assessment and inclusion of the interests of stakeholders • the manner in which such assessment and inclusion is actually carried out • the impact which a statutory formulation of duties to incorporate stakeholder interests would or might have on decisionmaking in practice • the effect of board structure on corporate decisionmaking. The effect of 'stakeholder orientation' of company directors on the economic performance and social impact of UK public companies was considered. The DTI's Company Law Review Steering Group has referred to the distinction between 'Enlightened Shareholder Value' and the 'Pluralist' approach. This thesis further reviews those arguments and seeks to set them in their commercial context. It is highly probable that there will be a new UK Companies Act following the next General Election. This thesis suggests a new statutory statement of directors' duties and considers the impact which such statutory wording might have. If directors' legal duties were to be reformulated, that change would needs to buttressed by a mechanism to protect stakeholder expectations, in court as a last resort. This thesis argues that the most promising form for such stakeholder remedies is that of the current 'unfair prejudice' action. If the UK is to avoid being left behind internationally in its system of corporate regulation, it needs to take its European Union obligations and the laws of other Member States into account. It is argued that the UK can find much to learn from the continental European traditions. The conclusion of the thesis focuses on the Company Law Review and its potential economic impact. It is argued that UK company law should address the rights of all stakeholders if it is to be ‘modern’ and ‘competitive’.
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Joubert, Deon Ernst. "The business judgment rule and the liability of directors for the environmental damage caused by the South African mining industry." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/62540.
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The South African mining industry is viewed as the locomotive of the economic
development in South Africa and has been a leading contributor to the economy for
more than a century. However, the price paid for economic growth has left South
Africa with a "mining legacy" and mining companies now face an upsurge of politically
and regulatory induced challenges. Directors of mining companies have to act with a
certain level of duty of care, skill and diligence in order for them to navigate through
these various challenges. The heightened awareness of environmental degradation
caused by mining has seen a rise in stricter mining liability legislation in South Africa,
with a specific focus on company and director liability. The result is that directors are
now faced with the possibility of personal liability when performing their executive
function. According to the business judgment rule, directors will be shielded from
liability if they acted with the necessary duty of care.
The objective of this dissertation is to examine to what extent the business judgment
rule will offer protection to a director of a mining company where the director caused
environmental damage. The analysis of this study will be conducted in the context of
the environmental damage caused by a mining company due to the decision making
and 'governance' of the mining company's director or directors.Mini Dissertation (LLM)--University of Pretoria, 2017.
Public Law
LLM
Unrestricted
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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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Harvie, Michael Anthonie. "Analysis of the new proposed companies act compared to the old companies act 61 of 1973 and the King II report on corporate governance with specific focus on directors liabilities and responsibilities." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/972.
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Thesis (MBA (Business Management))--University of Stellenbosch, 2009.ENGLISH ABSTRACT: The King II Report on Corporate Governance reported that the 19th Century saw the foundations laid for modern corporations, this was the century of the entrepreneur. The 20th Century became the century of management and that the 21st Century promises to be a century of governance, as the focus swings to the legitimacy and the effectiveness of the wielding of power over corporate entities worldwide. South Africa has come a long way since the companies reform project was formally launched in 2004 when the Department of Trade and Industry published the guidelines for corporate law reform in South Africa. Most critics believe that the new Companies Act is long overdue and will contribute to South Africa’s economic growth and align us with international standards and practices. The aim of this research report is to educate directors and potential directors on the most significant changes brought by the new Act and the responsibilities and liabilities of directors as set out in The King II Report.
AFRIKAANSE OPSOMMING: Volgens die King II Report is die fondasie vir moderne korporasies gedurende die 19de eeu gelê – die eeu van die entrepreneur. Die 20ste eeu het die eeu van bestuur geword, terwyl die 21ste eeu beloof om ‘n eeu van beheer te wees soos wat die fokus verskuif na die geldigheid en die effektiewe beheer van mag oor korporatiewe entiteite wêreldwyd. Suid-Afrika het ‘n lang pad gestap sedert die Maatskappye-hervormingsprojek formeel geloods is in 2004 met publikasie van die Departement van Handel en Nywerheid se riglyne oor korporatiewe regshervorming in Suid-Afrika. Die nuwe Maatskappye wet is lankverwag en meeste kritici glo dat dit sal bydra tot ekonomiese groei in Suid-Afrika en Suid-Afrika in lyn sal plaas met internasionale standaarde en praktyke. Die doel van hierdie navorsingsverslag is om direkteure en potensiele direkteure in te lig omtrent die mees noemenswaardige veranderinge wat deur die nuwe Maatskappye wet daargestel sal word asook die verantwoordelikhede en aanspreeklikheid van direkteure soos uiteengesit in die King II Report.
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Richard, Moses Peace. "An analysis of the structural failings of corporate governance in Nigeria : the UK Companies Act and US Sarbanes Oxley Act as models for reform of the regulatory framework of corporate governance under the Nigerian Companies Act and Governance Code." Thesis, University of Essex, 2017. http://repository.essex.ac.uk/18982/.
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The recent corporate scandals at Cadbury Nigeria Plc and Oceanic Bank Plc in Nigeria not only uncovered devastating incidents of corporate malpractices within Nigerian firms but they also appear to highlight the ineffectiveness of the existing regulatory structure of companies in the country. This study offers a theoretical analysis to corporate governance practices and regulation of public companies in Nigeria from a legal and regulatory standpoint. It analyses the effectiveness of the regulatory framework of corporate governance under the Nigerian Companies and Allied Matters Act 1990 ("CAMA 1990") and the Code of Corporate Governance 2011("2011 SEC Code") in terms of ensuring good governance and promoting ethical practices amongst corporate actors such as directors, auditors, shareholders and stakeholders. This thesis argues that the CAMA 1990 and the 2011 SEC Code have naturally been rendered inadequate in curtailing corporate malpractices and ensuring good governance in Nigeria because important mechanisms pertaining to directors’ accountability, auditing, shareholders’ protection, compliance and enforcement are weak and defective. By using the UK’s Companies Act 2006 ("CA 2006") and US’ Sarbanes-Oxley Act 2002("SOX") as models for reform, the author explores ways to enhance these mechanisms and how to further strengthen the current regulatory framework in Nigeria. The author recognises that the UK and the US, having experienced their own fair share of corporate collapses are by no means perfect, but they are widely known to have robust and well-developed regulatory frameworks, which could provide instructive lessons on practical solutions to existing regulatory lapses in Nigeria. This thesis tackles fundamental questions, which previous studies have ignored, e.g. how effective is the current regulatory framework under the CAMA 1990 and 2011 SEC Code, and to what extent does it facilitate good corporate governance practices in Nigerian public firms?
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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 with the principles of common law as indicated in section 77
subsection (2) (a) where non-compliance will attract legislated liabilities as provided
for in section 77 of the 2008 Companies Act. While the standards of directors‟
conduct remains within the bounds of common law, what impact will this codification
have on South Africa‟s corporate law? And what are the realities of its enforcement?Dissertation LLM--University of Pretoria, 2012.
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Lesofe, Itumeleng Morobane. "Implications of the partial codification of the directors' duties under the new Companies Act." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53145.
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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.
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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 procedure, business rescue caters for the restructure of the business, debt or its equity to ensure either a return to solvency or a better return to creditors than in liquidation. The new regime is further underpinned by the 2008 Act purpose provision, which envisages an efficient business rescue procedure and further mandates that the resolution of financial distress be conducted in a manner that balances the rights and interests of all relevant stakeholders. It is in this light, that this study explores the interplay between section 7(k) and Chapter 6 of the new Act. Specifically, the work sets out to critique the manner in which our new business rescue regime balances competing stakeholder interests in its provisions and investigates whether current provisions provide an adequate framework for this to be done in a manner that enhances the regime's ability to return a financially distressed company to a position of solvency, as a primary objective. After discussing the previous judicial management regime and exploring the mechanics of Chapter 6, a comparative study of similar procedures in the United Kingdom and the United States is undertaken. The study further identifies a number of weaknesses and makes recommendation for improvement.
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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.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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Dzvimbo, Ratidzo Sharlene. "Should the Zimbabwean Companies Act move away from judicial management and adopt business rescue?" Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4603.
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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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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 overhauled and this was done through the enactment of the Companies Act 71 of 2008.
On 1st May 2011, the Companies Act 71 of 2008 finally came into effect. This study is principally about the provisions governing a company’s acquisition of securities in terms of the new Companies Act. I will first give an exposition of the evolution of our Companies Act from capital maintenance to solvency and liquidity. I will then contrast the share buyback provisions of the 1973 Companies Act with the current Companies Act, I will also discuss and analyse the provision governing distributions in general and those pertaining to acquisition of securities in terms of section 48 of the Companies Act 71 of 2008.Mini Dissertation (LLM)--University of Pretoria, 2014.
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Nichha, Ashika Hasmukhlal. "Moving towards a unified approach for the winding up of companies in view of the "repealed" chapter 14 of the Companies Act 61 of 1973." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53170.
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The new Companies Act 71 of 2008 came into effect on 1 May 2011 repealing the Companies Act of 1973. The 2008 Companies Act retained provisions relating to the winding-up of insolvent companies, in particular Chapter 14. It is submitted that even though the 1973 Companies Act has been repealed and only Chapter 14 has been retained for the winding-up of insolvent companies, Chapter 14 cannot be applied in isolation without considering the provisions relating to the winding-up of insolvent companies that fall outside the ambit of Chapter 14 of the 1973 Companies Act. This research proposes a unification of provisions relating the winding-up of both solvent and insolvent companies in a single piece of legislation.
Chapter 1 introduces the dissertation. Chapter 2 consists of a brief overview of the development of corporate law in South Africa. Chapter 3 will focus on a descriptive and comparative approach illustrating between single and dual systems, specifically those in between the USA and England, as well as discuss the advantages and disadvantages of the systems. Chapter 4 contains a discussion on the relationship between the 1973 and 2008 Companies Acts in view of their respective liquidation proceedings of insolvent companies. Chapter 5 consists of an analysis of the Draft Bill Proposals in context of a unified bill and corporate legislation. Lastly, Chapter 6 will draw conclusions.Mini Dissertation (LLM)--University of Pretoria, 2015.
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Basak, Leonard P. III, and Jonathan W. Carlson. "The Effects of the Sarbanes-Oxley Act : A Deeper Look into its Impact on Small Companies." Thesis, Linköpings universitet, Företagsekonomi, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-72115.
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The following thesis was written by Jonathan W. Carlson and Leonard P. Basak, III for their Bachelor of Science in Business at Linkoping University, Sweden. The authors intend to determine the effects the Sarbanes-Oxley Act (SOX) has had on business. The paper outlines many possible costs of the act, with a focus on the adverse impacts it has on small companies. In order to combine new information with previous research, interviews were conducted. The purpose of these interviews is to compare and contrast the effects of SOX on firms of different sizes or structure. Through the combination of past studies and research, the authors agree that future changes to the Sarbanes-Oxley Act are needed to make it less invasive on small firms. The thesis recommends simple revisions be made that can explicate the types of firms the Act applies to. In the interviews conducted, the harmful effects of the Act are more extreme in small companies that large ones. These findings are consistent with the findings of previous research, allowing a reasonable proposal for additional revision of the Sarbanes-Oxley Act.
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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.
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Includes bibliographical references.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 impressive wealth generating capacity of the corporate form to bring about socio-economic transformation in South Africa.
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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.
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Martinsson, Erik. "Aktieägaravtalets rättsverkningar : En studie av olika scenarier." Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-18082.
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Ett av de vanligaste sätten att bedriva näringsverksamhet i Sverige är genom att bilda ett aktiebolag. De svenska aktiebolagen regleras genom ett omfattande regelverk i aktiebolagslagen. Ägarna i ett privat aktiebolag är inte alltid tillfreds med reglerna i aktiebolagslagen, utan vill reglera vissa förhållanden ytterligare mellan sig. Aktieägarna har möjlighet att genom aktieägaravtal reglera vissa förutsättningar för verksamheten. När aktieägarna väljer att reglera vissa förhållanden mellan sig i ett aktieägaravtal kan det uppstå skillnader mellan vad som gäller enligt aktieägaravtalet och vad som gäller enligt aktiebolagslagen. Det råder en självständighet mellan avtalsrätten och aktiebolagsrätten vilken innebär att aktieägarna inte med bindande verkan kan avtala vissa förhållanden sinsemellan samt att avtalet inte ses som aktiebolagsrättsligt gällande i vissa fall. Uppsatsen har som syfte att utreda de rättsverkningar som ett aktieägaravtal kan ge upphov till i två situationer, det handlar dels om när avtalsparterna är aktieägare, dels när avtalsparterna är styrelseledamöterna. I situationen med aktieägarna utreds två scenarier dels om ett partnermöte kan utgöra en bolagsstämma, dels om själva aktieägaravtalet kan utgöra ett protokoll med beslut som får samma rättsverkningar som ett bolagsstämmobeslut. I situationen med styrelseledamöterna utreds huruvida de kan bli bundna av avtal och vilka följder det kan få. Slutsatserna som presenteras i uppsatsen är att den svenska aktiebolagsrätten är mycket försiktig vid tillåtandet av att ge aktieägaravtal rättsverkningar även aktiebolagsrättsligt. Enligt uppsatsförfattaren finns det dock anledning att, under förutsättning att vissa rekvisit är uppfyllda, tillåta verkningar för aktieägaravtal inom aktiebolagsrätten.One of the most common ways to carry out business activities in Sweden is by establishing a limited liability company, which are regulated by extensive rules in The Swedish Companies Act. The shareholders of such companies are not satisfied at all times with the rules in the Act and therefore want to regulate certain conditions between each other. They have the possibility to regulate such conditions by enter into a shareholder agreement. When the shareholders choose to regulate conditions between each other there might be a difference between what is valid according to the agreement and to the Act. In Sweden there is autonomy between the contract laws and the corporate law, which means that shareholders mutually cannot contract certain conditions and that the contract in some occasions does not become binding according to corporate law. This thesis has as its purpose to investigate the legal effects of a shareholder agreement in two situations; firstly when the parties are the shareholders and secondly when the parties are the members of the board of directors. In the first situation two scenarios are investigated, firstly if a meeting prior to a general meeting can have the same legal effects as a general meeting and secondly if the shareholder agreement can have the same legal effects as the minutes from a general meeting. In the situation with the members of the board it is investigate if they can enter into a contract and the legal effects thereof. The conclusions presented in this thesis are that the corporate law in Sweden is very cautious in giving shareholder agreements legal effects. According to the author of the thesis there are however certain occasions where the shareholder agreement should be given legal effects not just between the parties but also in relation to the corporate law, if certain requirements are fulfilled.
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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.
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Magister Legum - LLMThe 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 Document) published by the DTI. The DTI Policy Document recognised the need for a regulatory framework within which enterprises operate to promote growth, employment, innovation, stability, good governance, confidence and international competitiveness. In order to further develop governance, the effectiveness of directors’ standards as well as the liability of directors was also said to have developed. Prior to the development of South African corporate law, liability of directors was to a large extent governed by the common law and the King Codes, despite the existence of the Companies Act 61 of 1973 (as amended). As of the 1st of May 2011, corporate law in South Africa appears to have dramatically changed the duties and liabilities of directors. The 1st of May 2011 marked the implementation of Companies Act 71 of 2008 (hereafter the Act). The Act is written in plain language in an attempt to make it more accessible and align it with international trends. The Act has also theoretically changed the roles and duties of directors as well as the liability that they may face in that it potentially changes the existing common law and alters policies and philosophies of corporate law in general. The Act partially codifies the common law and introduces the business judgement rule to South Africa. The business judgment rule will draw a balance between the directors’ ability to steer a company and the shareholders' right to hold directors accountable for their decisions. It is perceived as a mechanism that can be used to balance the tension between these opposing rights.
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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.
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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.
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Thesis (LLM)--Stellenbosch University, 2015ENGLISH 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 view to piecing together coherent content. The thesis finds that creative interpretations will not suffice in various places, meaning that substantive revision is required. The thesis concludes with brief amendment proposals and accompanying commentary.
AFRIKAANSE OPSOMMING : Die Maatskappywet 71 van 2008 bied ‘n radikaal nuwe sisteem vir die regulering van uitkerings van 'n maatskappy aan sy aandeelhouers. Die voorkeur metode om die belange van skuldeisers in uitkerings te beskerm, is nou op ‘n solvensie- en likwiditeittoets gebaseer. Ongelukkig is die wetlike bepalings wat die vereistes vir uitkerings aan die een kant uiteensit, en die solvensie en likwiditeit toets aan die ander kant, swak opgestel. Hierdie tesis verduidelik eerstens die bepalings, en pas dan 'n innoverende interpretasie teorie op hierdie bepalings toe, met die doel om 'n samehangende inhoud daar te stel. Die tesis bevind dat kreatiewe interpretasies op verskeie plekke nie voldoende sal wees nie. Dit beteken dat substantiewe hersiening noodsaaklik is. Ten slotte bied die tesis kortliks wysigings-voorstelle met meegaande kommentaar.
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Chitnomrath, Thanida. "Determinants of post-bankruptcy performance : an empirical study of insolvent companies in Thailand." Curtin University of Technology, Graduate School of Business, 2007. http://espace.library.curtin.edu.au:80/R/?func=dbin-jump-full&object_id=21411.
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This thesis examines determinants of post-bankruptcy performance by using insolvent firms under the bankruptcy reorganization proceedings of the 1940 Thai Bankruptcy Act. The purpose of the study is to investigate whether the key governance mechanisms within this process are factors which may contribute to successful reorganization and how they affect a firm's post-bankruptcy performance. Using agency theory, a sample of III filing companies whose plans have been confirmed by the Thai Central Bankruptcy Court during 1999-2002 provide the data of the study. Descriptive statistics and ordinary least squares regression analysis are employed for data analysis. The results indicate that among three types of governance mechanisms in the bankruptcy reorganization process, namely, monitoring, incentive and restructuring mechanisms, monitoring and incentive mechanisms are significant determinants of a firm's post-bankruptcy performance. The key monitoring mechanism is ownership concentration of common shares held by the largest shareholder, whereas the critical incentive mechanisms are cash compensation for the plan administrator and percentage of common shares held by the plan administrator. Asset restructuring is statistically insignificant but positively links to post-bankruptcy performance. The results indicate that these mechanisms can mitigate agency problems of insolvent companies and increase post-bankruptcy performance over a three year period.
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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.
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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 Act. The study touched on current international trends in saving distressed businesses. A published financial distress model was discussed and a link made about where best to initiate business rescue actions within this four-stage model.
In this study the empirical research adopts content analysis as a research method. An investigation was conducted on all business rescue applications received by the Companies and Intellectual Property Commission (CIPC). Additional analysis of a large creditor’s portfolio of business rescue applications showed some initial success rates of this new legislation.
The mini-dissertation concludes with limitations and challenges faced during the study, followed by recommendations about how to excel in business rescue practice in years to come.Thesis (MBA)--North-West University, Potchefstroom Campus, 2013.
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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.
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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 regime
provided the stepping stone in molding the statutory derivative action evidenced by
section 165 of the Companies Act.
In Chapter 1, I explore the derivative action under the common law as a conceptual
framework and as a movement that initially arose in the renowned case of Foss v
Harbottle. Whose core principles were subsequently embraced by the South African
judiciary.
In Chapter 2 I discuss the availability of the statutory derivative action and the
limitations of section 266. Further, I make a comparative study between the common
law and the statutory derivative action. The comparison is essential in an attempt to
portray that the statutory derivative action refined the common law to a certain extent
in its attempts to provide a minority shareholder protective measure.
In chapter 3 I examine section 165 of the Companies Act to evaluate to what degree the
derivative action has transformed against the backdrop of its statutory predecessor and
the common law. This chapter breaks down the constituent principles of section 165
and examines the requirements necessary to implement the measure.
Finally, in Chapter 4 I make a comparative study with foreign jurisdictions to determine
the extent, if any, section 165 relates to the principles laid down in other jurisdictions.Mini Dissertation (LLM)--University of Pretoria, 2016.
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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.
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Includes bibliographical referencesSection 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 depends on the appropriate judicial interpretation and application of the three vague, general and open-textured criteria or gateways for the grant of leave to institute a derivative action. The courts have been entrusted by s 165 to flesh out the details, the contours, the ambit and the scope of these criteria. This crucially gives the courts a dominant and a decisive role in shaping the effectiveness of the new statutory derivative action. This thesis makes an original contribution to knowledge in three main respects. First, this thesis focuses on the three guiding criteria for leave, and their many nuances, interpretations and applications in certain foreign jurisdictions that have exerted an influence on the provisions of s 165. Based on experience garnered from Australian, Canadian and New Zealand law, as well as the United Kingdom and the USA, guidelines are suggested for the approach that the South African courts should adopt to the three preconditions for a derivative action. Secondly, it is submitted that the real weakness in s 165 lies in the rebuttable presumption in s 165(7) and (8), which contains a fatal flaw that renders the remedy defective and calls for legislative amendment. Pending such amendment, proposals are suggested for the proper judicial approach in the meantime to the troublesome presumption. These proposals are supported by both reasoned argument and original research on experience in certain foreign jurisdictions, particularly the USA. Thirdly, and equally importantly, a framework is suggested in this thesis for the proper exercise of the judicial discretion to make orders of costs, which is known to have plagued minority shareholders wishing to bring derivative proceedings against miscreant directors who have wronged the company.
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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.
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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.
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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 1973 and the inception of the Companies Act 71 of 2008.
This dissertation embarks on a discussion of the most prevailing similarities between section 2 of the Companies Act 71 of 2008 and section 12 of the Competition Act 89 of 1998. While discussing these similarities, the implications which the repealed Act has on competition law will also be canvassed and the author will attempt to reach clarity on the best manner forward.Mini Dissertation (LLM)--University of Pretoria, 2016.
Mercantile Law
LLM
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Cronje, Izak Johannes Fischer. "Capital and capital maintenance rules under the Companies Act, Act 61 of 1973 and the Companies Act, Act 71 of 2008." Diss., 2010. http://hdl.handle.net/2263/26950.
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De, Jager Petrus Lafras. "A legal comparison between section 38, 226, 90 and 85 of the Companies Act, 1973, and section 44, 45, 46, and 48 of the Companies Act, 2008." Diss., 2010. http://hdl.handle.net/2263/28409.
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