best interests of the companyThe judicial discretion to grant leave for a derivative action, in terms of s 165(5)(b) of the Companies Act 71 of 2008, involves a tension between two equally important policy objectives. On the one hand is the benefit of a right of redress, where a ...
Fortunately, the new Companies Act No. 71 of 2008 ("the Act") that came into effect on 1 May 2011, has a significant impact on directors' liability in corporate South Africa. The provisions of the Act set the bar for competent directors at much higher levels than we have seen...
Section 20(9) of the Companies Act 71 of 2008 (the Act) is a statutory version of the common-law remedy of piercing the corporate veil. Unfortunately, the ... E Olivier - 《South African Mercantile Law Journal》 被引量: 0发表: 2022年 Piercing the Veil under section 20(9) of the Co...
The law regarding directors' exploitation of corporate opportunities originally developed as an application of their common law fiduciary duties to act in the best interests of the companies on whose boards they serve. The corporate law reviews in several jurisdictions led to codifications, or at lea...
图书The Practitioner's Guide to the Companies Act 71 of 2008 介绍、书评、论坛及推荐
THECOMPANIESACT公司法(CHAPTER50)50章章章
1、英国公司法TheCompaniesAct2006TheCompaniesAct2006(c46)isanActoftheParliamentoftheUnitedKingdomwhichformstheprimarysourceofUKcompanylaw.IthadthedistinctionofbeingtheIongestinBritishParliamentaryhistory:with1,300sectionsandcoveringnearly700pages,andcontaining16schedules(Thelistofcontentsis59pageslong)butith 2、as...
Prior to the enactment of the Companies Act, fears were raised that the incorporation of theBusiness Judgment Rule (the "BJR") would lead to a blurring of a fiduciary duty and duty of care, skilland diligence. Despite such concerns, the BJR has been incorporated into South African law throu...
Set out below is a brief overview of the main functions of regulatory agencies to be established by the newCompanies Act 71 of 2008 ("Companies Act"), and ofthe remedies and enforcement procedures which these entities will make available to any person entitled toapply for relief. The Companies...
The eighth commencement order, made in November 2008, brought the remainder of the Act into force with effect from October 2009. The staggered timetable was intended to give companies sufficient time to prepare for the new regime under the Act, rather than implementing all 1,300 sections of ...