Browsing Mercantile Law by Subject "Corporate Law"

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Personal liability of company directors towards company creditors under the Companies Act 71 of 2008 : much ado about nothing?

Duvenhage, Arno (University of Pretoria, 2020)

The legal fiction known as separate legal personality is the foundation of company law and attracts natural persons to incorporate companies, appoint a board of directors and raise capital. In terms of s 66 of the Companies ...
The prevention of conflict of interest as a fiduciary duty in South African Company Law

Arcangeli, Marco Kalim (University of Pretoria, 2020)

First, the nature, ambit and effect of the director’s fiduciary duty to prevent conflict of interest (“the fiduciary duty”) as it is statutorily set out in the Companies Act 71 of 2008 (the “Companies Act” or “Act”) will ...
The rights of minority shareholders in fundamental transactions : a critical analysis of the appraisal right

Hurter, Roxanne (University of Pretoria, 2019)

The appraisal remedy is contained in section 164 of the Act and is an exit mechanism for shareholders who feel that the actions or decisions of the company alter their interests in the company and, because of these fundamental ...

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