New Companies Act Unlocked, The: A Practical Guide

Product Details:
Author(s):
Stein, C and
Everingham, G
Year Published:
2011
Edition
1st Edition
Type:
Print | Soft Cover
Language:
English
About this publication
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. 
Content
Two Essential Keys to Unlocking the Act 
The Other Significant Changes 
Purposes of the Act 
General Interpretation, Plain Language, Substantive Compliance and Anti avoidance 
Related and Inter-related Persons 
Holding Company/Subsidiary Relationships 
Categories of Companies 
Non-profit Companies 
Transfer of Registration from and to a Foreign Jurisdiction 
Conversion of Close Corporations to Companies 
Incorporation and Registration of Companies 
The Memorandum of Incorporation 
Capacity of a Company and Validity of Company Actions 
Pre-incorporation Contracts 
Company Names 
External Companies 
Transparency, Accountability and Integrity 
Additional Accountability and Transparency Requirements for Certain Companies 
Shares 
Debt Instruments 
Corporate Finance 
Registration and Transfer of Securities 
Beneficial Interest in Securities 
Corporate Governance 
Duties and Liabilities of Directors 
Public Offerings of Securities 
Fundamental Transactions and the Appraisal Remedy 
The Takeover Regime 
Remedies 
Enforcement of Rights and Resolution of Disputes 
The Companies and Intellectual Property Commission 
The Companies Tribunal 
Confidential Information Submitted to a Regulatory Agency, an Inspector or an Investigator 
Offences and Penalties 
Civil Actions and State Liability 
Business Rescue 
Compromises with Creditors 
Reckless Trading and Inability to Pay Debts 
Insolvent Companies 
Winding-up of Solvent Companies 
Deregistering Companies 
Index 
Interest / Benefit to
All business owners
Financial directors
CEOs
Company secretaries
Directors
Business advisors
Lawyers
Accountants
Tax practitioners
Students of Law and Commerce