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COSEC

What are the most significant changes in companies act 2008?

Chapter 2 – Question 2 Written by Dr. Adv. Leigh Hefer & Jayne Hunter-Rhys. COMPANY SECRETARY’S HANDBOOK (2021). Published by Genesis Corporate Services. Structure and flexibility of types of companies, based on intention, and not on number of shareholders; simplification of the formation of companies involving two forms – Notice of Incorporation (NOI) and Memorandum of […]

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COSEC

What is the general anti-avoidance provision of business legislation in relation to companies act 2008?

Chapter 2 – Question 3 Written by Dr. Adv. Leigh Hefer & Jayne Hunter-Rhys. COMPANY SECRETARY’S HANDBOOK (2021). Published by Genesis Corporate Services. Section 6(1) of the Act underscores the fundamental principle that a company is prohibited from contracting out of the Act, unless the Act stipulates otherwise. It gives the Companies and Intellectual Property Commission […]

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COSEC

Which bodies administer the requirements of companies act 71 of 2008 with regard to companies and close corporations?

Chapter 2 – Question 5 Written by Dr. Adv. Leigh Hefer & Jayne Hunter-Rhys. COMPANY SECRETARY’S HANDBOOK (2021). Published by Genesis Corporate Services. The Companies and Intellectual Property Commission (“the CIPC”) (“the Commission”), the Companies Tribunal and a Takeover Regulation Panel (TRP). Hard copy and E-Book Publications for the Professionals, Company Secretaries, Company Directors and Prescribed […]

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COSEC

What are the meanings of “control” and “hold” in terms of section 3 of companies act 2008?

Chapter 2 – Question 6 Written by Dr. Adv. Leigh Hefer & Jayne Hunter-Rhys. COMPANY SECRETARY’S HANDBOOK (2021). Published by Genesis Corporate Services. Section 3(2) contains the test whether a person controls all of the general voting rights or the majority of it associated with issued securities of a company. Section 3(2) provides that for the […]

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COSEC

What is the impact of companies act 2008 on the natal code of zulu law 1987 and the kwazulu act 1985 on the code of zulu law?

Chapter 2 – Question 7 Written by Dr. Adv. Leigh Hefer & Jayne Hunter-Rhys. COMPANY SECRETARY’S HANDBOOK (2021). Published by Genesis Corporate Services. Both the Natal Code of Zulu Law (Proc R151 of 1987) and the KwaZulu Act 16 of 1985 on the Code of Zulu Law (the Codes), were assigned to KwaZulu-Natal by the President […]

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COSEC

What are the purposes of companies act 71 of 2008?

Chapter 2 – Question 1 Written by Dr. Adv. Leigh Hefer & Jayne Hunter-Rhys. COMPANY SECRETARY’S HANDBOOK (2021). Published by Genesis Corporate Services. The purposes of Companies Act, Act 71 of 2008 are to: Promote compliance with the Bill of Rights as provided for in the Constitution, in the application of company law; Promote the development […]

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COSEC

What is the dual function of the companies tribunal?

Chapter 2 – Question 4 Written by Dr. Adv. Leigh Hefer & Jayne Hunter-Rhys. COMPANY SECRETARY’S HANDBOOK (2021). Published by Genesis Corporate Services. The Companies Tribunal serves as a forum for voluntary alternative dispute resolution in any matter arising under the Act. The Companies Tribunal adjudicates on administrative orders in the respect of separate and distinct […]