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Enhanced Accountability and Transparency Note
Chapter 3 of the Companies Act of 2008 (the “Act”) contains provisions for enhanced accountability and transparency to be met by certain categories of companies...
15 Jul 2011View/open: iThemba Enhanced Accountability and Transparency Note
Memorandum of Incorporation Note
Under the 1973 Act the required documentation for the formation of a company was the Memorandum of Association and Articles of Association which have now been replaced by the Act with the Memorandum of Incorporation (“MoI”)...
14 Jul 2011View/open: iThemba Memorandum of Incorporation Note
Minority Protection Note
The Companies Act of 2008 (the “Act”) introduces various measures designed to protect minority shareholders. Some of these will have a significant impact on the way in which mergers and acquisitions are dealt with (Chapter 5)...
14 Jul 2011View/open: iThemba Minority Protection Note
Non-profit companies
The definition for a non-profit company as set out in section 1 of the Companies Act, Act No. 71 of 2008, as amended (hereinafter referred to as the “Act”) stipulates that a non-profit company means...
14 Jul 2011View/open: Ithemba Non-profit Companies Note
Public Offerings of Company Securities
Chapter 4 of the Companies Act of 2008 (the “Act”), contains provisions in respect of public offerings of company securities. The reason for the regulation of public offerings is that...
14 Jul 2011View/open: iThemba Public Offerings of Company Securities Note
G Walker Engineering CC t/a Atlantic Steam Services v First Garment Rental (Pty) Ltd (2011 (5) SA 14 (WCC)) [2011] ZAWCHC 261; 7405/2006
The plaintiff, a close corporation had been deregistered as a consequence of its failure to file its annual return and as such it had been finally deregistered.
09 Jun 2011View/open: Case Law (G Walker Engineering CC) s93,s224
Swart v Beagles Run Investments 25 (Pty) Ltd and Others (2011 (5) SA 422 (GNP)) [2011] ZAGPPHC 103; 26597/2011
The applicant brought this urgent application seeking an order that the respondent be placed under supervision in terms of the provisions...
30 May 2011View/open: Case Law (Swart v Beagles Run Investments 25) s 131
iThemba Companies Act Advisory Note
The Companies Act No 71 of 2008 (‘the Act”) will come into effect on 1 May 2011. This will replace the Companies Act of 1973 in its entirety...
21 Apr 2011View/open: iThemba Companies Act Advisory Note 2011
Fourie NO and others v Newton [2011] 2 All SA 265 (SCA)
Company law - Insolvent company - Action by liquidators against director of company in terms of section 424 of Companies Act 61 of 1973
29 Nov 2010View/open: Case Law (Fourie & Dlamini matters) s224(1), Schedule 5
