Browsing Faculty of Law by Subject "Companies Act 71 of 2008"
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Evolving statutory derivative action principles in South Africa: The good faith criterion and other legal grounds
(Cambridge University Press, 2021)The recent Supreme Court of Appeal (SCA) judgment in Lazarus Mbethe v United Manganese of Kalahari raises jurisprudential questions regarding statutory derivative actions in South Africa. For example, the SCA did not ... -
The impact of the capacity provisions in the Companies Act 71 of 2008 on the insolvency-remoteness of limited capacity special purpose vehicles used in securitisation schemes
(Juta, 2020)The insolvency-remoteness of a special purpose vehicle (SPV) used in a securitisation scheme is of critical importance, because insolvency of the SPV can interrupt the payment streams due to the investors in such schemes. ...