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What Is Meant By An Offer To The Public In The Companies Act 71 0f 2008
A private company is famously distinguished from a public company on account of the fact that its memorandum of incorporation must prohibit it from offering its securities to members of the public.
South Africa
29 Jan 2013
2
The Standard Of Directors Conduct - Unpacking Section 76 Of The Companies Act 71 Of 2008
Section 76 is a play in four acts. The underlying theme running through all four acts is that section 76 does not exclude the common law fiduciary duties owed by a person occupying a position of trust in relation to a company.
South Africa
8 Jan 2013
3
The Personal Financial Interests Of Directors
A look at the implications of section 75 of the companies act 71 of 2008.
South Africa
30 Nov 2012
4
The Appointment Of Directors Under The 2008 Companies Act
Under the 1973 Companies Act non-subscribers could either be elected to the board of directors or appointed by the board in order to fill a casual vacancy.
South Africa
25 Oct 2012
5
THE MISFIT - Section 218 (2) Of The Companies Act 71 Of 2008
The question of whether a breach of a statutory duty should give rise to a civil claim for damages has long vexed legal systems all around the globe.
South Africa
4 Sep 2012
6
Who Is A Prescribed Officer?
The 2008 Companies Act (the new act) defines a prescribed officer as:
South Africa
8 Aug 2012
7
In Bad Form: Why The Short-Form Memorandum Of Incorporation Should Not Be Used
Private companies who score less than 100 public benefit points and whose shareholders also serve on the board of directors do not need to have their annual financial statements audited.
South Africa
18 Jun 2012
8
The Dangers Of Deregistration
Deregistration brings an entity to an end. It ceases to exist. Its property, if any, vests in the state as bona vacantia.
South Africa
2 May 2012
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