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Browsing Research Articles (Mercantile Law) by Author "Cassim, Maleka Femida"
Now showing items 1-20 of 21
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Cassim, Farouk H.I.; Cassim, Maleka Femida (Juta Law, 2017-08)It has become necessary to re-examine the issue of authority and representation in the sphere of company law as a result of the judgment of the Constitutional Court in Makate v Vodacom (Pty) Ltd 2016 (4) SA 121 (CC), and ...
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Cassim, Maleka Femida (Cambridge University Press, 2012-08-23)While for-profit companies regularly embark on non-profit activities, the converse issue has recently come to attention, namely whether non-profit companies may embark on profit-making activities. This has given rise to ...
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Cassim, Maleka Femida (Juta Law, 2014)The greatest impediment to a derivative action by minority shareholders arises from the practical barriers to the commencement of derivative proceedings. The chief barriers are, first, the risk of the minority shareholder ...
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Cassim, Maleka Femida (Juta Law, 2009)It is a well-entrenched principle of corporate law that a director has a fiduciary duty not to make a secret profit out of his trust, and generally must not place himself in a position in which his duty and self-interest ...
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Cassim, Maleka Femida (Juta Law Journals, 2018-01)Bearing in mind that the purpose of the derivative action is to empower minority shareholders and other stakeholders to protect the legal interests of the company when those charged with its management wrongfully fail to ...
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Cassim, Maleka Femida (Juta Law, 2017)A burning issue in South African company law is the encroachment of the business rescue provisions of the new Companies Act 71 of 2008 on the rights of landlords and other property owners. A landlord who has concluded ...
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Cassim, Maleka Femida (Faculty of Law, Nelson Mandela Metropolitan University, 2019)Effective shareholder control over the board of directors is patently in the interests of good corporate governance, accountability and transparency. In recognition of this modern reality, the policy focus in company law ...
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Cassim, Rehana; Cassim, Maleka Femida (Juta Law, 2007)The notorious prohibition against the giving of financial assistance for the shares of a company contained in s 38 of the Companies Act 61 of 1973 arose yet again in the recent Supreme Court of Appeal case of Gardner & ...
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Cassim, Maleka Femida (Juta Law, 2005)Two fiercely debated issues arose in the recent and as yet unreported decisions in the case of Gold Fields Limited v Harmony Gold Mining Company Limited (WLD Case 04/27304 judgment of Goldblatt J handed down on 11 November ...
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Cassim, Maleka Femida (Juta Law, 2008)A fundamental and radically new concept of the statutory merger, borrowed from the United States of America, is to be introduced into South African law by the new draft Companies Bill, 2007. The statutory merger, in ...
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Cassim, Maleka Femida (Juta Law, 2008)The reverse triangular merger procedure is similar in structure to the triangular merger, with the would-be acquirer, Company H, forming a wholly-owned subsidiary, Company S, to act as the acquisition vehicle for the merger ...
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Cassim, Maleka Femida (Juta Law, 2013)The 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 ...
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Cassim, Maleka Femida (Juta Law, 2005)The concept of economic duress was recently considered for the first time in depth by the Supreme Court of Appeal in Medscheme Holdings (Pty) Limited & Another v Bhamjee (as yet unreported) SCA Case 214/04 (judgment ...
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Cassim, Maleka Femida (Juta Law, 2014)No abstract
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Cassim, Maleka Femida (Juta Law, 2007)‘The conundrum of the pre-incorporation contract has taxed some of the finest legal minds. If one should judge by results, it is probably true to say that it has defied them . . . courts in England and other Commonwealth ...
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Cassim, Maleka Femida (Juta Law Journals, 2018)It is an undeniable dilemma for a landlord or property owner to find its property in the possession of a company under business rescue. Not only does the tenant often remain in occupation of the leased premises during ...
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Cassim, Maleka Femida (Juta Law, 2013)The new statutory derivative action under the Companies Act 71 of 2008 is a paramount protective measure or weapon for minority shareholders, which will be very useful in good corporate governance and in policing boards ...
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Cassim, Maleka Femida (Nelson Mandela Metropolitan University, Faculty of Law, 2018)A crucial prerequisite for a derivative action is that the applicant must be acting in good faith in terms of section 165(5)(b)(i) of the Companies Act 71 of 2008 in order to obtain the leave of the court to bring the ...
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Cassim, Maleka Femida (Nelson Mandela Metropolitan University, Faculty of Law, 2018)A crucial prerequisite for a derivative action is that the applicant must be acting in good faith in terms of section 165(5)(b)(i) of the Companies Act 71 of 2008 in order to obtain the leave of the court to bring the ...
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Cassim, Maleka Femida (Juta Law, 2013)At the heart of any sophisticated system of corporate law lies the proper protection of minority shareholders. A chief safeguard for them is the statutory derivative action. A derivative action is brought on behalf of a ...
Now showing items 1-20 of 21