For example paying taxes or driving on the right lane. A company is a business organisation which earns income by the production or sale of goods or services. Us corporate law wikibooks, open books for an open world. Andre boraine is a professorof law, dean ofthe facultyof law,university of pretoria, southafrica biur llbpret llmwitslld pret janivan wyk is a doctoralstudentunderthe auspices of theabsa chair in bankinglawin africa. Com 6th semester unit 1 characteristics of company. A company should have an annual general meeting within 18. An overview 2 common law, equity and statute law 23 custom 25 case law 26 nature of equity 32 application of principles of equity 34. Basic overview of corporate law principles legaltree. Company law legislation has recently undergone changes with the enactment of the. At the same time the members of the company can enter into contracts with the company in the same manner as any other individual can. Cyber law 97 chapter iii the role of government in the economy 109 iii.
It forbids certain ways of behaving, for instance stealing, killing or exceeding speed limits and prescribes others. Basic law for the federal republic of germany basic law for the federal republic of germany in the revised version published in the federal law gazette part iii, classification number 1001, as last amended by article 1 of the act of 28 march 2019 federal law gazette i p. The gaps and flaws in the current south african antimarket. Understanding corporate law is intended to assist law students and lawyers with a basic understanding of the law of corporations as taught in most corporations courses. Pdf a historical overview of the regulation of market abuse in. Rc cuthin and sm luiz beuthin s basic olnpally law 2 cd 1992 228. Recognise, give guidance of and discuss the rules of contract. A company is a voluntary association of person formed for some common purpose, with capital divisible in parts known as shares, and with a limited liability. In search of shareholder value 2 nd ed prentice hall london 2001 bloomfield company accounts bloomfield s reading between the lines of company accounts right way plus tadworth 2001. Where a company is required to pay incometax on its profits and. Introduction corporations history sources of law formation articles of incorporation organizational meeting first board meeting securities equity and debt financing bonds and debentures stock. Its organization reflects the structure of corporate law across all jurisdictions, while individual chapters explore the diversity of jurisdictional approaches to the common problems of corporate law.
In its second edition, the book has been significantly revised and expanded. South african company law is that body of rules which regulates corporations formed under the companies act. Introduction to law basic concepts of law kretschmer. Entrepreneurial law incorporating the new companies act manual. Beuthin and luiz company law beuthin rc and luiz sm beuthin s basic company law 3rd ed butterworth durban 2000 black et al. An analysis of the establishment and enforcement of anti. While no single textbook can encompass all there is to know about the law, business law offers students a basic understanding of both their legal rights and. A company is a corporation an artificial person created by law. Icsi house, 22, institutional area, lodi road, new delhi 110 003. The word company means an association formed by a number of persons for some common object. Company law dlmf4gh the cases a source br1ok6 ed 1 999 280284. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Pdf a historical overview of the regulation of market abuse.
The indian companies act, 1956 basic concept the word company. European company, mutual insurance company, credit union, statutory changes of a company, group of companies. The dynamics of corporate governance in south africa enlighten. On appeal, staehler contends that there is insufficient evidence to.
You can buy the pdf format of this ebook from this web page itself whereas you have to visit amazon kindle ebooks store to get the kindle format of the companies act, 20. Principles of business law contents study unit title page syllabus i 1 nature and sources of law 1 nature of law 3 historical origins 6 sources of law 9 the european community and uk law. Do s and donts most people would agree that the law governs human behaviour by rules. South africa reformed its company law significantly with the companies amendment act in 1999 and introduced a modern approach in relation to the share capital with the abolishment of the capital maintenance rule. Fiduciary duties of resigning directors maleka femida cassim senior lecturer, university of the. Henning and du toit 2000 jjs 155165, for further related historical analysis on the regulation of market manipulation and insider trading in south africa. Disputes regarding handling of company property and corporate governance do arise, but generally not because a shareholder or directors has totally overlooked the most basic corporate law. The governance of large companies is generally orderly and well documented with shareholders voting for directors who will oversee business operations. The latest edition of all the books referred to above should be read. Luiz insider trading regulation if at first you dont succeed 1999 sa merc lj 6 6151. Indeed, some of the basic principles of company law, including some contained in the companies act, and some which the act departs from or modifies, were established or affirmed by the courts. A historical overview of the regulation of market abuse in. The act furthermore introduces an extensive and renewed approach to the regulation of. Bhana takeover announcements and insider trading activity on the.
Introduction at the most basic level a corporate governance problem arises whenever an outside investor wishes to exercise control differently from the manager in charge of the. The dynamics of corporate governance in south africa core. Fiduciary duties of resigning directors maleka femida cassim senior. Various aspects to consider with regard to special insolvency. Companies act 61 of 1973 companies act 71 of 2008 close corporations act 69 of 1984 recommended texts. Between economic and legal analysis of incorporated things.
Separate legal entity of the company is also recognized by the income tax act. Luiz and a great selection of related books, art and collectibles available now at. The south african broad based black economic empowerment act 53 of 2003, not. The provisions of the insider trading act were to some extent inadequate and ineffectively implemented. Beuthin and luiz company law beuthin rc and luiz sm beuthin s basic company law 3 rd ed butterworth durban 2000 black et al. Companies and partnerships compared a a company can be created only by certain prescribed methods most. When such an association of persons is registered under the companies act, it becomes an artificial person with perpetual succession and common seal. Ten things you need to know about company law the reason for including a summary of the ten key concepts of company law this very brief introductory chapter is intended to give you a list of ten basic propositions about company law which it would be helpful for. A company thus has legal rights and obligations in the same way that a natural person does. Luiz market abuse and the enforcement committee 2011 sa merc lj 151172. Potchefstroom electronic law journal potchefstroomse. In search of shareholder value 2nd ed prentice hall london 2001 bloomfield company accounts bloomfield s reading between the lines of company accounts right way plus tadworth 2001. A preincorporation contract is an agreement entered into before the incorporation of a.
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