- Title
- Director's duties under the Companies Act 71 of 2008
- Creator
- van Tonder, Jan-Louis
- Subject
- South Africa -- Companies Act, 2008 Corporation law -- South Africa
- Subject
- Commercial law -- South Africa
- Date Issued
- 2014
- Date
- 2014
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- http://hdl.handle.net/10948/47892
- Identifier
- vital:40397
- Description
- This research focuses on an analysis of the prescribed standards of directors’ conduct provision. The thesis of the dissertation is to analyse what this provision introduces into statute. Previously, the fiduciary duties and the duty of care and skill were regulated by the common law and case law. In May 2004 the Department of Trade and Industry released a policy document entitled South African Company Law for the 21st Century Guidelines for Corporate Law Reform. The policy document acknowledged that South Africa had no extensive statutory dispensation that covered the duties of directors. The policy document recognised the need to bring South African company law in line with international trends and to reflect and accommodate the changing environment for businesses locally and internationally. For the first time in South Africa’s corporate law history, the Companies Act 71 of 2008 partially codifies the fiduciary duties of directors, the duty of care and skill and introduces the business judgment rule into South African company law. The research establishes what the standards of conduct are that are expected of directors and analyses the meaning of these duties in the standards of directors’ conduct provision. The research examines whether the duties introduced in the standards of conduct provision are aligned to the common law principles. It will consider whether the standards of conduct provision amends the common law principles, adds anything new or narrows the common law duties in its statutory format.
- Format
- ix, 198 leaves
- Format
- Publisher
- Nelson Mandela Metropolitan University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela Metropolitan University
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NMMU Department of Mercantile Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | JAN-LOUIS VAN TONDER.pdf | 827 KB | Adobe Acrobat PDF | View Details Download |