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By Ian Cox
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.
By Ian Cox
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.
By Ian Cox
A look at the implications of section 75 of the companies act 71 of 2008.
By Ian Cox
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.
By Ian Cox
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.
By Ian Cox
The 2008 Companies Act (the new act) defines a prescribed officer as:
By Ian Cox
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.
By Ian Cox
Deregistration brings an entity to an end. It ceases to exist. Its property, if any, vests in the state as bona vacantia.