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A significant feature of the new Companies Act (No 71 of 2008) (the Act) is the concept of flexibility and the allowance, to a large extent, for companies to regulate its own affairs in accordance...
The long-awaited new Companies Act No 71 of 2008 was promulgated in April 2009 and is expected to become effective around July 2010. The Act re-writes South African company law completely, and...
In the previous two columns we considered the conceptual frameworks applicable to the public offer of securities. In the first column, we looked at the conceptual framework typically applicable to...
Last time we looked at the conceptual framework typically applicable to public share offers. In this column, we look specifically at the conceptual framework used in the 2008 Companies Act to...
The revised King Code and Report on Governance for South Africa ("King III") was launched on 1 September 2009. It will come into effect and replace the existing King II Code and Report on Corporate...
Part E of chapter 6 of the New Companies Act 71 of 2008 ("the New Companies Act"), which will come into effect in mid or late 2010, governs compromises between a company and its creditors.
It has been suggested that provisions of the new Companies Act may trigger flight from boardrooms because careless behaviour could have catastrophic implications not only for the company, as seen...
One of the most controversial aspects of our company law concerns whether a company can indemnify its directors when they breach their common law or fiduciary duties, and, related to this, whether...