Policy, Law, Economics and Politics - Deepening Democracy through Access to Information
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26 May 2012
Polity Focus
 
 
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09 Jul 2009
 
 
Directors: caught up in the code
WEBBER WENTZEL
The Companies Act of 2008 ("the Act") has been promulgated and will come into operation on a date to be published in the Government Gazette, which may not be before 9 April 2010. One part of the...
 
 
19 Jun 2009
 
Deep pits and blue skies – restructuring in a time of economic woe
DENEYS REITZ
The worldwide economic meltdown caught many businesses unaware. Gearing quickly became over-gearing, leverage - instead of being a catapult for new wealth -- became a noose, and business leaders...
 
 
10 Jun 2009
 
Is the registration of a mortgage bond a “disposal” of assets?
DENEYS REITZ
The Companies Act of 1973 provides in section 228 that in order for a company to dispose of the whole or greater part of its assets, it must obtain the consent of its shareholders in the form of a...
 
 
28 May 2009
 
Market disruption clauses operating as a draw stop event
DENEYS REITZ
Market disruption clauses are playing an increasing role in lending transactions in the South African market. The purpose of such clauses is to protect a lending bank when the so-called "base rate"...
 
 
27 May 2009
 
Beware the standard dispute clause!
BOWMAN GILFILLAN
Drafters of contracts who blindly put a standard dispute resolution clause into an agreement run serious risks for the parties to the contract. For example, a standard clause may refer...
 
 
15 May 2009
 
 
 
Regulatory agencies in terms of the Companies Act 71 of 2008
WERKSMANS
A brief overview of the main functions of regulatory agencies to be established by the new Companies Act 71 of 2008 ("Companies Act"), and of the remedies and enforcement procedures which these...
 
 
06 May 2009
 
Hedge fund regulation: South Africa leading the pack again
DENEYS REITZ
South African investors can count themselves lucky. If recent newspaper reports are anything to by, the Financial Services Board will soon publish for comment new laws which will regulate hedge funds.
 
 
29 Apr 2009
 
The perils of performance prior to signing a written agreement
BOWMAN GILFILLAN
An unsigned agreement is still an agreement. It often happens that parties reach an agreement and begin to perform while the written contract is still being negotiated. Their intention is that the...
 
 
 
Polity Focus
 
 
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