Moving towards a unified approach for the winding up of companies in view of the "repealed" chapter 14 of the Companies Act 61 of 1973

Description

The new Companies Act 71 of 2008 came into effect on 1 May 2011 repealing the Companies Act of 1973. The 2008 Companies Act retained provisions relating to the winding-up of insolvent companies, in particular Chapter 14. It is submitted that even though the 1973 Companies Act has been repealed and only Chapter 14 has been retained for the winding-up of insolvent companies, Chapter 14 cannot be applied in isolation without considering the provisions relating to the winding-up of insolvent companies that fall outside the ambit of Chapter 14 of the 1973 Companies Act. This research proposes a unification of provisions relating the winding-up of both solvent and insolvent companies in a single piece of legislation.
Chapter 1 introduces the dissertation. Chapter 2 consists of a brief overview of the development of corporate law in South Africa. Chapter 3 will focus on a descriptive and comparative approach illustrating between single and dual systems, specifically those in between the USA and England, as well as discuss the advantages and disadvantages of the systems. Chapter 4 contains a discussion on the relationship between the 1973 and 2008 Companies Acts in view of their respective liquidation proceedings of insolvent companies. Chapter 5 consists of an analysis of the Draft Bill Proposals in context of a unified bill and corporate legislation. Lastly, Chapter 6 will draw conclusions. / Mini Dissertation (LLM)--University of Pretoria, 2015. / Mercantile Law / LLM / Unrestricted

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1. http://hdl.handle.net/2263/53170
2. Nichha, AH 2016, Moving towards a unified approach for the winding up of companies in view of the "repealed" chapter 14 of the Companies Act 61 of 1973, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/53170>
3. A2016
4. 10123084

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Identifer	oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:up/oai:repository.up.ac.za:2263/53170
Date	January 2015
Creators	Nichha, Ashika Hasmukhlal
Contributors	Boraine, A. (Andre), 1957-, [e-mail]
Publisher	University of Pretoria
Source Sets	South African National ETD Portal
Language	English
Detected Language	English
Type	Mini Dissertation
Rights	© 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.