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Conversion of Close Corporations to Companies
Schedule 2 of the Companies Act of 2008 (the “Act”) contains provisions in respect of the conversion of close corporations to companies...
15 Jul 2011View/open: Conversion of Close Corporations to Companies
Conversion of Par and Nominal value shares
Part D of Chapter 2 of the Companies Act of 2008 (the “Act”) regulates the capitalisation of profit companies...
15 Jul 2011View/open: Conversion of Par and Nominal value shares
Delinquent Director
The Companies Act of 2008 (the “Act”) imposes strict conditions on company directors and section 162 makes provision for a director to be declared “delinquent” or “under probation” in certain circumstances...
15 Jul 2011View/open: Delinquent director
COMPANIES ACT OF 2008 - Material matters for consideration
Chapters 1 & 2 : Material matters for consideration - The Companies Act of 2008 (“the Act”) became effective on 1 May 2011...
15 Jul 2011View/open: iThemba Companies Act Summary May 2011 (1) - 30 May 2011
Directors' Duties and Liabilities
It goes without saying that all provisions of the Act have to be complied with at all times and that non-compliance may have certain consequences...
15 Jul 2011View/open: iThemba Companies Act Directors Duties
Business Rescue and Compromise with Creditors
In terms of section 128 of the Act, “business rescue” means proceedings to facilitate the rehabilitation of a company that is financially distressed by providing for the temporary supervision of the company and of the management of ...
15 Jul 2011View/open: Business Rescue and Compromise with Creditors
Classification of Companies
While the essential nature of a company will not change, the Act introduces a new classification of companies. The Act also makes a distinction between profit and non-profit companies...
15 Jul 2011View/open: Classification of Companies
Shareholders Agreements
In terms of section 15(7) of the Act, any provision in a shareholder agreement that is inconsistent with the provisions of the Act and Memorandum of Incorporation of the company will be void...
15 Jul 2011View/open: Shareholder Agreements
Social and Ethics Committee
Section 72(4) to (10) of the Companies Act of 2008 (the “Act”) and regulation 43 to the Act makes provision for a social and ethics committee to be appointed by certain companies...
15 Jul 2011View/open: Social and Ethics Committee
How to implement the new Companies Act
The new Companies Act has brought with it a number of material changes to the way in which companies have been administered until now. It is vital for all companies to consider the impact of these changes and to prepare an action plan...
15 Jul 2011