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A critical analysis of the New Capital Maintenance rules in terms of the Companies Act 71 of 2008

In conducting this study I want to give more clarity about the New Companies Act and how it compares to the Current Companies Act. According to the study and the results, the New Companies Act gives more protection to, specifically the shareholders and the creditors. The New Companies Act is much wider in some instances and gives more clarity. On the other hand the are still a lot of aspects that needs to be addressed. In this study I took a look at Sections 38, 226 and 85 of the Current Companies Act and then I compared it to Sections 44, 45, and 48 of the New Companies Act. With all the changes that have been brought to the New Companies Act it now, puts South African Law in line with the International standards of Company Law. Copyright / Dissertation (LLM)--University of Pretoria, 2010. / Mercantile Law / unrestricted

Identiferoai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:up/oai:repository.up.ac.za:2263/26965
Date03 August 2010
CreatorsLanser, Charlene
ContributorsProf PA Delport, upetd@up.ac.za
Source SetsSouth African National ETD Portal
Detected LanguageEnglish
TypeDissertation
Rights© 2009, 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.

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