Tag ArchivesDirectors under the Companies Act

The Business Judgement Rule – what directors need to know

By accepting their appointment to the position, directors imply that they will perform their duties to a certain standard, and it is a reasonable assumption that every director will apply his or her particular skills, experience and intelligence to the advantage of the company. Section 76 of the Companies Act No. 71 of 2008 (“the […]

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Delinquent Directors

Company directors who fail to comply with certain obligations as set out in the Companies Act 73 of 2008 (‘’The Act’’), could face the prospect of being declared “delinquent” under certain circumstances. As a consequence thereof directors should take cognisance of the impact of Section 162 of the Act. Directors should also take further steps to ensure that they do not open themselves up to the possibility of being declared a “delinquent” director.

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