Search Results - "Cassim, Rehana"
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Post-resignation Survival of Fiduciary Duties: Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019)
Published in Potchefstroom electronic law journal (2021)“… In Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019) the Western Cape Division, Cape Town had to determine whether…”
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The Suspension and Setting Aside of Delinquency and Probation Orders under the Companies Act 71 of 2008
Published in Potchefstroom electronic law journal (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…”
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A Critical and Comparative Analysis of Delegation and Reliance by Company Directors under the South African Companies Act 71 of 2008
Published in African journal of international and comparative law (01-02-2024)“…Delegation by directors and reliance on third parties is an important practical issue. Directors unlawfully delegating their powers or relying on third parties…”
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The Escalation of Corporate Corruption During The Covid-19 Pandemic: Is the Anti-Corruption Framework of the Companies Act 71 of 2008 Adequate?
Published in Stellenbosch law review (01-11-2022)“…During the Covid-19 pandemic, corruption in South African companies, both state-owned and privately-owned, reached staggering proportions. This included…”
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An Analysis of Trends in Shareholder Activism in South Africa
Published in African journal of international and comparative law (01-05-2022)“…There has been a progressive shift in shareholder activism in South Africa as shareholder demands for greater levels of accountability, reasonable executive…”
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A Comparative Discussion of the Judicial Disqualification of Directors under the South African Companies Act
Published in Journal of African law (01-02-2021)“…Section 162 of the South African Companies Act 71 of 2008 empowers courts to declare directors delinquent and hence to disqualify them from office. This…”
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A Comparative Analysis of Director Tenure in South Africa and Selected International Jurisdictions
Published in The Comparative and international law journal of southern Africa (01-01-2021)“…Director tenure attracts attention worldwide and is increasingly being recognised as a crucial element in assessing an external (independent non-executive)…”
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The Device of Weighted Votes in Blocking the Removal of Directors from Office under the South African Companies Act 71 of 2008
Published in Journal of African law (01-06-2019)“…A director may serve a company in more than one capacity. In his capacity as a shareholder, a director may hold voting rights in the company. One consideration…”
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The Removal of Directors by a Company’s Board of Directors under the Companies Act 71 of 2008: Should it be a Mandatory or an Alterable Provision?
Published in The Comparative and international law journal of southern Africa (01-11-2019)“…The Companies Act 71 of 2008 introduced into South African law a provision which for the first time permits a company’s board of directors to remove a director…”
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An analysis of directors’ fiduciary duties in the removal of a director from office
Published in Stellenbosch law review (01-09-2019)“…The Companies Act 71 of 2008 (“the Companies Act”) introduced a provision into South African law that for the first time permits the board of directors to…”
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The power to remove company directors from office : historical and philosophical roots
Published in Fundamina : a journal of legal history (2019)“…The Companies Act 71 of 2008 introduced into South African law a provision that, for the first time, empowers the board of directors to remove a director from…”
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The right of a director to participate in the management of a company : Kaimowitz v Delahunt 2017 (3) SA 201 (WCC)
Published in SA mercantile law journal (01-11-2018)“…Section 66(1) of the Companies Act 71 of 2008 (the 2008 Act) empowers the board of directors of a company to manage the business and affairs of a company, save…”
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A critical analysis of the judicial review procedures under section 71 of the Companies Act 71 of 2008
Published in SA mercantile law journal (01-03-2018)“…Section 71(5) of the Companies Act 71 of 2008 provides that a director who has been removed from office by the board of directors may apply to court to review…”
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Delinquent Directors under the Companies Act 71 of 2008: Gihwala v Grancy Property Limited 2016 ZASCA 35
Published in Potchefstroom electronic law journal (17-05-2017)“…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…”
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A Critical Analysis of the Amendments Proposed to the Social and Ethics Committee by the Companies Amendment Bill, 2018
Published in SA mercantile law journal (01-12-2021)“…The Companies Amendment Bill, 2018 proposes certain changes to the social and ethics committee established in terms of s 72(4) of the Companies Act 71 of 2008…”
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Piercing the veil under section 20(9) of the Companies Act 71 of 2008 : a new direction
Published in SA mercantile law journal (01-01-2014)“…The separate legal personality of a company is the very foundation on which company law rests. The Companies Act 71 of 2008 ('the Companies Act') has…”
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Delinquent directors under the Companies Act 71 of 2008 : Gihwala v Grancy Property Limited 2016 ZASCA 35
Published in Potchefstroom electronic law journal (01-01-2016)“…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…”
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An analysis of market manipulation under the Securities Services Act 36 of 2004 (part 2)
Published in SA mercantile law journal (01-01-2008)“…Section 76(1) of the SSA prohibits disclosure-based market manipulation as follows : '76 (1) No person may, directly or indirectly, make or publish in respect…”
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An analysis of market manipulation under the Securities Services Act 36 of 2004 (part 1)
Published in SA mercantile law journal (01-01-2008)“…It is disturbing to observe that South African financial markets have weakened considerably in recent years, posing a danger to the local African economy. One…”
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Some aspects of insider trading - has the Securities Services Act 36 of 2004 gone too far?
Published in SA mercantile law journal (01-01-2007)Get full text
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