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Sunday, July 12, 2020 | History

2 edition of evaluation of Section 459 of the Companies Act 1985 as an effective remedy for shareholders. found in the catalog.

evaluation of Section 459 of the Companies Act 1985 as an effective remedy for shareholders.

Say Hak Goo

evaluation of Section 459 of the Companies Act 1985 as an effective remedy for shareholders.

by Say Hak Goo

  • 309 Want to read
  • 24 Currently reading

Published by University of East Anglia in Norwich .
Written in English


Edition Notes

Thesis (LL.M.), University of East Anglia, School of Law,1992.

ID Numbers
Open LibraryOL20359675M

COMPANIES ACT Notes on the guide to Companies Act No 71 of 2 1. Introduction 3 2. Categorisation of companies 4 3. Company formation and registration 6 4. Company name, registered office and records 8 5. Company finance and capital 12 6. Directors 15 7. Shareholders 24 8. Accounting records, financial Statements, financial reporting. Companies Act Arrangement of Sections to Act 14 of Page 5 48 Shareholder approval for issue of shares.

The Shareholders Communications Act of applies to all entities exercising fiduciary powers. This includes trust departments holding securities in nominee name or otherwise on behalf of beneficial owners. The Act is implemented primarily by SEC Rule 14b Essentially, the Rule stipulates that banks must comply with certain requirements to. Section of the Kenya Companies Act was a reproduction of section of the English Companies Act. The English Companies re-enacted the .

SECTION 48 OF THE COMPANIES ACT 71 OF CHAPTER 1: INTRODUCTION 1. Introduction With the demise of capital maintenance a new regime has come to company law, this is the time of ‘solvency and liquidity’. The following dissertation focuses particularly section 48 of Act 71 of This is the share buyback provision, which allows. Companies Act No. 71 of An Implementation Guide. the New Act, the shareholders agreement will prevail, except to the extent provided for in the MOI or the Existing companies incorporated in terms of section 21 of the Old Act, companies incorporated in terms of section 53(b) of the Old Act, and companies falling within.


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Evaluation of Section 459 of the Companies Act 1985 as an effective remedy for shareholders by Say Hak Goo Download PDF EPUB FB2

Changes to legislation: Companies ActSection is up to date with all changes known to be in force on or before 24 April There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Changes to. Order on application of company member.

(1) A member of a company may apply to the court by petition for an order under this Part on the ground that the company's affairs are being or have been conducted in a manner which is unfairly prejudicial to the interests of some part of the members (including at least himself) or that any actual or proposed act or omission of the company (including an act or.

tion of the Companies Actsection 75 of the Companies Actsection of the Companies Act and section of the Companies Act Moving on to the second chapter, the unfair prejudice remedy will be further analysed.

In particular, an in depth discussion will be made of section of the Companies Actunder which File Size: 1MB. Companies (Miscellaneous) Rules, [Effective from 1st April, ] Rule 9. Fees for application to Central Government.—For the purposes of sub-section (2) of sectionevery application which may be, or is required to be, made to the Central Government under any provision of the Act—.

Jurisdiction of courts under section of the CA to provide appropriate relief Effective resolution of shareholder disputes The Law Commission’s methodology The Law Commission’s critique of section of the CA Conclusion Size: 2MB. Some protection is given to shareholders under statute, and in particular section of the Companies Act (which has replaced of the Companies Act ).

What is Unfair Prejudice. Section provides that: "A member of a company may apply to the Court by petition for an order. on the ground (a) that the company's affairs are being or have been conducted in a manner that is unfairly. The personal action is presently enshrined in section of the Companies Act.1By.

virtue of section (1), any member of a company may make an application to the court. for an appropriate order if he believes that an act or omission of the company is unfairly. The following article discusses some remedies available to aggrieved shareholders under the Companies Act (71 of ) (the Act).

It is interesting to note at the outset that the Act does not always distinguish between minority or majority shareholders. In fact the prominent clause dealing with “prejudicial conduct” is clause ; and this clause does not refer to minority shareholders. Personal actions by shareholders against directors.

Actions by shareholders to require directors to act. Personal actions by shareholders against company. Actions by shareholders to require company to act. Representative actions. Prejudiced shareholders. Alteration to constitution. You can use this tool to find out which section of the Companies Act corresponds to the section under the new Companies Act and vice versa, for better understanding of the new law.

Section Variation of shareholders rights. Companies Act is up to date with all changes known to be in force on or before 21 May There are changes that may be brought into force at a future date. information about shareholders: non-traded companies.

Contents of annual return: information about shareholders: traded companies. Section of the Companies Act The Companies Act Financial assistance Background The Companies Act 71 of (the Act) came into effect on 1 May A significant change from the previous Act of arises in section 45 relating to financial assistance.

DuringMr. Trevor Manuel (the then Minister of Finance) raised concern regarding intra-group company loans without. Moreover, due to a range of limitations associated with ex ante contracting in shareholders' agreements, shareholders need recourse to a legal mechanism such as sections of the Companies Act (formerly sections of the Companies Act ) to resolve their : MA Iqbal.

THE COMPANIES ACT, _____ ARRANGEMENT OF SECTIONS _____ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent, commencement and application. Definitions. CHAPTER II INCORPORATION OF COMPANY AND MATTERS INCIDENTAL THERETO 3. Formation of company. Memorandum. Articles. Act to override memorandum, articles, etc.

File Size: 1MB. Say Hak Goo has written: 'An evaluation of Section of the Companies Act as an effective remedy for shareholders'. Companies Cap. 3 L.R.O. 3/ CHAPTER COMPANIES ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY SECTION 1. Short title. Interpretation. Prohibited associations.

PART II FORMATION AND OPERATION OF COMPANIES DIVISION A INCORPORATION OF COMPANIES 4. Incorporation. Contents of articles of incorporation. Required votes. In terms of section (2) of the Companies Act, a company may not dispose of all or the greater part of its assets or undertaking (Disposal) unless the Disposal was approved by a special resolution of shareholders, in accordance with section of the Companies Act, and the company has satisfied all other requirements set out in sectionwhere applicable.

Section of the Companies Act states the duties of directors towards the company and includes its employees and members. Sub section (2) to Section is very clear about how much the duty to the company by the director is owed and given the fact that in light of the case laws, it is imperative for directors to think in the interests /5.

Conversion of companies already registered to other class of company by altering MOA, AOA, etc. Section 2(69) etc accepted before commencement of Companies Act, Inspection of Minutes book at the General Meeting.

Section Maintainence and inspection of documents in electronic form. The Companies Act, Saint Christopher and Nevis 1 I assent, CUTHBERT M. SEBASTIAN Governor-General. 22nd of January, SAINT CHRISTOPHER AND NEVIS No. 22 of AN ACT to replace the Companies Act (Cap.

) and the International Business Companies Act with new provision for the incorporation, regulation and winding up of limited. 4.

liability of directors – section 48 of the companies act, 48 5. protection of shareholders – section 48 of the companies act, 53 chapter 5 67 conclusion – section 48 of the companies act, 67 bibliography 72 list of books 72 list of articles 74 list of cases 77 list of statutes section Power to exempt a class or classes of companies from provisions of this Act: 12/09/ section Power of Court to grant relief in certain cases: 12/09/ section Prohibition of association or partnership of persons exceeding certain number: 01/04/ section Repeal of certain enactments and savings: Yet to be.(1) In this section “relevant scheme, contract or offer” means a scheme, contract or offer involving the acquisition by a person (in this Chapter referred to as the “offeror”) of the beneficial ownership of all the shares (other than the shares in which the offeror already has a beneficial interest) in the capital of a company (in this section referred to as the “offeree company”).