Tag Archivesdirectors duties
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Directors’ Delinquency versus Probation

Introduction A significant innovation under the Companies Act 71 of 2008 as amended (the “Act”) is that it provides for a court application to declare a director delinquent or to have him/her placed under an order of probation. The Act confers locus standi on a broad range of persons to apply to court for such […]

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Directors duties and liability under the new Companies Act

The role of company directors has changed quite dramatically with the inception of the new Companies Act in May this year. In terms of the previous Companies Act 61 of 1973 (the “old Act”), a distinction was drawn between executive and non–executive directors whilst the new Act does not draw any distinction. This means that […]

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The new Companies Act – directors’ duties

In the next of a series of articles, to be published in De Rebus magazine, regarding the implications of new Companies Act of 2008, Feinstein, briefly discusses directors’ duties. The directors’ fiduciary duties and the duties of care and skill remain as is, in terms of the 1973 Act and common law, but has been […]

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