Browsing PER: Potchefstroom Electronic Law Journal by Subject "Company law"
Now showing items 1-5 of 5
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Delinquent directors under the companies act 71 of 2008: Gihwala v Grancy Property Limited 2016 ZASCA 35
(2016)The Companies Act 71 of 2008 has introduced into our company law an innovative provision which permits a wide range of persons to apply to court to declare a director delinquent. This provision is contained in section 162 ... -
Impact of the Constitution's Normative Framework on the interpretation of provisions of the Companies Act 71 of 2008
(PER/PELJ, 2019)Given the intention of section 7(a) of the Companies Act 71 of 2008 (the Act) to promote compliance with the Bill of Rights in the interpretation and application of company law in SA, this article assesses the extent to ... -
Peel v Hamon J&C Engineering (PTY) Ltd: ignoring the result-requirement of Section 163(1)(a) of the companies act and extending the oppression remedy beyond its statutorily intended reach
(2014)This case note provides a concise and understandable version of the confusing facts in Peel v Hamon J&C Engineering (Pty) Ltd, and deals with the remedy provided for in section 163 of the Companies Act (the oppression ... -
Post-commencement finance – domiciled resident or uneasy foreign transplant?
(2017)The 2008 Companies Act 71 of 2008 introduced a new business rescue regime into South African company law, bringing it into line with trends in developed countries, particularly the United States. Indeed, it appears that ... -
The suspension and setting aside of delinquency and probation orders under the Companies Act 71 of 2008
(PER/PELJ, 2019)A significant innovation of the Companies Act 71 of 2008 is contained in section 162. This provision empowers a court to declare a director delinquent or under probation on various grounds. The effect of a delinquency order ...
