Product Description
New Companies Act Unlocked, The: A Practical Guide
Authors: C Stein, G Everingham
Format: Physical Hardcopy
From 1 May 2011 company law in South Africa was dramatically altered: the 1973 Act which had governed companies for the lifetimes of most business people and lawyers in South Africa was replaced by the Companies Act of 2008, as amended in March 2011. A new era of company law dawned, and with it, a host of new concepts, rights, remedies, obligations, procedures and sanctions were introduced. These fundamentally affect the way that every business operates and the advice and practice of every lawyer, accountant or professional adviser.
This practical guide offers insight into the Act and provides essential advice on navigating the transition from the old Companies Act to the new.
Features
Based on the new Act and Regulations
The first book on the new Act to incorporate coverage of the final regulations
Written by an expert in corporate law who has years of experience advising top companies on their legal issues and who has made mastery of the new Act a top priority
Comprehensive insight into the practical impact of the changed legislation
Written in a style accessible to the layman and professional adviser alike.
Contents:
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Two Essential Keys to Unlocking the Act
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The Other Significant Changes
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Purposes of the Act
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General Interpretation, Plain Language, Substantive Compliance and Anti avoidance
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Related and Inter-related Persons
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Holding Company/Subsidiary Relationships
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Categories of Companies
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Non-profit Companies
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Transfer of Registration from and to a Foreign Jurisdiction
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Conversion of Close Corporations to Companies
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Incorporation and Registration of Companies
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The Memorandum of Incorporation
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Capacity of a Company and Validity of Company Actions
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Pre-incorporation Contracts
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Company Names
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External Companies
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Transparency, Accountability and Integrity
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Additional Accountability and Transparency Requirements for Certain Companies
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Shares
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Debt Instruments
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Corporate Finance
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Registration and Transfer of Securities
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Beneficial Interest in Securities
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Corporate Governance
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Duties and Liabilities of Directors
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Public Offerings of Securities
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Fundamental Transactions and the Appraisal Remedy
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The Takeover Regime
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Remedies
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Enforcement of Rights and Resolution of Disputes
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The Companies and Intellectual Property Commission
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The Companies Tribunal
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Confidential Information Submitted to a Regulatory Agency, an Inspector or an Investigator
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Offences and Penalties
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Civil Actions and State Liability
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Business Rescue
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Compromises with Creditors
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Reckless Trading and Inability to Pay Debts
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Insolvent Companies
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Winding-up of Solvent Companies
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Deregistering Companies
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Index
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