This is a research analysis on whether the Companies Act 71 of 2008 (the Act) balances the competing rights and interests of stakeholders affected by an affected transaction and fundamental transaction, and the remedial procedures triggered by these transactions. The new regime relating to fundamental transactions and affected transactions in the Act has, in practice, presented a number of legal questions, the answers to which are not readily apparent from the Act itself.1 These innovative provisions have also brought with them some fear and anxiety for a number of small and medium sized private companies as the administrative duties associated with the regulation of these transactions are fairly onerous and costly.2 The Companies Act 71 of 2008 aims:  “to provide for the incorporation, registration, organisation and management of companies, the capitalisation of profit companies, and the registration of offices of foreign companies carrying on business within the Republic;  to define the relationships between companies and their respective shareholders or members and directors;  to provide for equitable and efficient amalgamations, mergers and takeovers of companies;  to provide for efficient rescue of financially distressed companies; to provide appropriate legal redress for investors and third parties with respect to companies;  to establish a Companies and Intellectual Property Commission and a Takeover Regulation Panel to administer the requirements of the Act with respect to companies, to establish a Companies Tribunal to facilitate alternative dispute resolution and to review decisions of the Commission;  to establish a Financial Reporting Standards Council to advise on requirements for financial record-keeping and reporting by companies;  to repeal the Companies Act, 1973 (Act No. 61 of 1973), and make amendments to the Close Corporations Act, 1984 (Act No. 69 of 1984), as necessary to provide for a consistent and harmonious regime of business incorporation and regulation; and  to provide for matters connected therewith.” 3 The Act aims for a more flexible approach that has a balance between accountability and transparency, with less regulatory burden. / Mini Dissertation (LLM (Corporate Law))--University of Pretoria, 2020. / Mercantile Law / LLM (Corporate Law) / Unrestricted

Recently, the South African Legislature partially codified the common law duties of directors with the Companies Act, 71 of 2008 (hereafter referred to as „the 2008 Companies Act‟) which came into effect on 1st May 2011. Chapter 2 of the 2008 Companies Act is dedicated to the formation, administration and dissolution of companies. „Part F‟ thereof elaborately provides for governance of companies, and section 76 contained therein requires directors and other company office bearers to meet the standards of directors‟ conduct as prescribed therein. All of these duties are in accordance with the principles of common law as indicated in section 77 subsection (2) (a) where non-compliance will attract legislated liabilities as provided for in section 77 of the 2008 Companies Act. While the standards of directors‟ conduct remains within the bounds of common law, what impact will this codification have on South Africa‟s corporate law? And what are the realities of its enforcement? / Dissertation LLM--University of Pretoria, 2012. / hb2014 / Mercantile Law / unrestricted

The South African mining industry is viewed as the locomotive of the economic development in South Africa and has been a leading contributor to the economy for more than a century. However, the price paid for economic growth has left South Africa with a "mining legacy" and mining companies now face an upsurge of politically and regulatory induced challenges. Directors of mining companies have to act with a certain level of duty of care, skill and diligence in order for them to navigate through these various challenges. The heightened awareness of environmental degradation caused by mining has seen a rise in stricter mining liability legislation in South Africa, with a specific focus on company and director liability. The result is that directors are now faced with the possibility of personal liability when performing their executive function. According to the business judgment rule, directors will be shielded from liability if they acted with the necessary duty of care. The objective of this dissertation is to examine to what extent the business judgment rule will offer protection to a director of a mining company where the director caused environmental damage. The analysis of this study will be conducted in the context of the environmental damage caused by a mining company due to the decision making and 'governance' of the mining company's director or directors. / Mini Dissertation (LLM)--University of Pretoria, 2017. / Public Law / LLM / Unrestricted

Magister Legum - LLM / Before the 1990s, corporate governance was a very rarely used term within the business world.1 Corporations over time have become more influential, larger and more complex within the global economy; therefore to ensure that they are operating on an economic and ethical basis, corporate governance has become more defined.2 Corporate governance can be defined as the procedures and methods that are used in order to ensure the functioning, direction and structure of a corporation.3 Not only can its key elements be described as procedures and methods but also a system of principles, policies, procedures, and clearly defined responsibilities and accountabilities. Corporate governance has roots in ethical behavior and business principles, with the goal of creating long-term value and sustainability for all stakeholders, thus including directors.4 This practice of good corporate governance by directors is used to promote equity and deters fraud and other deceptive practices.

Mini-dissertation (M.Com. (Accounting))--North-West University, Potchefstroom Campus, 2007.

This study examined the new Companies Act (71/2008) with a specific focus on Chapter 6, business rescue. This rather controversial legislation was implemented in South African company law on the 1st of May 2011 and redefines how legislation can possibly save financially distressed companies from distress and ultimately liquidation proceedings. The literature review has focused on the purpose of business rescue as set out by the new Companies Act. It has gone into much detail on the set processes, revealed the key stakeholders involved and their respective responsibilities set out by the new Act. The study touched on current international trends in saving distressed businesses. A published financial distress model was discussed and a link made about where best to initiate business rescue actions within this four-stage model. In this study the empirical research adopts content analysis as a research method. An investigation was conducted on all business rescue applications received by the Companies and Intellectual Property Commission (CIPC). Additional analysis of a large creditor’s portfolio of business rescue applications showed some initial success rates of this new legislation. The mini-dissertation concludes with limitations and challenges faced during the study, followed by recommendations about how to excel in business rescue practice in years to come. / Thesis (MBA)--North-West University, Potchefstroom Campus, 2013.

This study examined the new Companies Act (71/2008) with a specific focus on Chapter 6, business rescue. This rather controversial legislation was implemented in South African company law on the 1st of May 2011 and redefines how legislation can possibly save financially distressed companies from distress and ultimately liquidation proceedings. The literature review has focused on the purpose of business rescue as set out by the new Companies Act. It has gone into much detail on the set processes, revealed the key stakeholders involved and their respective responsibilities set out by the new Act. The study touched on current international trends in saving distressed businesses. A published financial distress model was discussed and a link made about where best to initiate business rescue actions within this four-stage model. In this study the empirical research adopts content analysis as a research method. An investigation was conducted on all business rescue applications received by the Companies and Intellectual Property Commission (CIPC). Additional analysis of a large creditor’s portfolio of business rescue applications showed some initial success rates of this new legislation. The mini-dissertation concludes with limitations and challenges faced during the study, followed by recommendations about how to excel in business rescue practice in years to come. / Thesis (MBA)--North-West University, Potchefstroom Campus, 2013.

Mini-dissertation (M.Com. (Accounting))--North-West University, Potchefstroom Campus, 2007.

Mini-dissertation (M.Com. (Accounting))--North-West University, Potchefstroom Campus, 2007.

Magister Legum - LLM