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Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended
A company may wish to negotiate, or indeed be forced to negotiate, with its members and/or creditors with a view to modifying rights or claims in their common interest. Such rights or claims against a company often vest in a large number of members or creditors with whom it would be impossible for a...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2024
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| _version_ | 1867613302138339328 |
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| access_status_str | Open Access |
| author | Getz, Keith |
| author_browse | Getz, Keith |
| author_facet | Getz, Keith |
| author_sort | Getz, Keith |
| collection | Thesis |
| description | A company may wish to negotiate, or indeed be forced to negotiate, with its members and/or creditors with a view to modifying rights or claims in their common interest. Such rights or claims against a company often vest in a large number of members or creditors with whom it would be impossible for a company to negotiate individually. Section 311 of the Companies Act No. 61 of 1973, as amended ("the Act"), in providing for a compromise or arrangement between a company and its members and/or creditors (or a class of them), provides a statutory procedure, subject to supervision by the courts, whereby a company can negotiate with its members and/or creditors (or a class of them) collectively and bind such members or creditors to proposals agreed upon by a majority of such members or creditors. Section 311 makes provision for the reaching of binding ,agreement between a company and its members and/or creditors in a manner which modifies rights upon a majority vote subject to certain safeguards of the rights of dissenting minorities. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/40517 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:33:59.204Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/40517 Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended Getz, Keith Law A company may wish to negotiate, or indeed be forced to negotiate, with its members and/or creditors with a view to modifying rights or claims in their common interest. Such rights or claims against a company often vest in a large number of members or creditors with whom it would be impossible for a company to negotiate individually. Section 311 of the Companies Act No. 61 of 1973, as amended ("the Act"), in providing for a compromise or arrangement between a company and its members and/or creditors (or a class of them), provides a statutory procedure, subject to supervision by the courts, whereby a company can negotiate with its members and/or creditors (or a class of them) collectively and bind such members or creditors to proposals agreed upon by a majority of such members or creditors. Section 311 makes provision for the reaching of binding ,agreement between a company and its members and/or creditors in a manner which modifies rights upon a majority vote subject to certain safeguards of the rights of dissenting minorities. 2024-08-16T13:12:24Z 2024-08-16T13:12:24Z 1995 2024-08-15T12:32:47Z Thesis / Dissertation Masters Masters http://hdl.handle.net/11427/40517 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | Law Getz, Keith Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended |
| thesis_degree_str | Master's |
| title | Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended |
| title_full | Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended |
| title_fullStr | Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended |
| title_full_unstemmed | Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended |
| title_short | Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended |
| title_sort | recent developments in south african company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and or members in terms of section 311 of the companies act no 61 of 1973 as amended |
| topic | Law |
| url | http://hdl.handle.net/11427/40517 |
| work_keys_str_mv | AT getzkeith recentdevelopmentsinsouthafricancompanylawinrespectofoffersofcompromiseandschemesofarrangementbetweenacompanyanditscreditorsandormembersintermsofsection311ofthecompaniesactno61of1973asamended |