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A critical analysis of the new capital maintenance rules in terms of the Companies Act 71 of 2008

Dissertation (LLM)--University of Pretoria, 2011.

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Other Authors: Delport, Petrus Albertus
Format: Thesis
Published: University of Pretoria 2013
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access_status_str Open Access
author2 Delport, Petrus Albertus
author_browse Delport, Petrus Albertus
author_facet Delport, Petrus Albertus
collection Thesis
dc_rights_str_mv © 2011, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Dissertation (LLM)--University of Pretoria, 2011.
format Thesis
id oai:repository.up.ac.za:2263/29698
institution University of Pretoria (South Africa)
last_indexed 2026-06-10T12:38:33.603Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2013
publishDateRange 2013
publishDateSort 2013
publisher University of Pretoria
publisherStr University of Pretoria
record_format dspace
source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/29698 A critical analysis of the new capital maintenance rules in terms of the Companies Act 71 of 2008 Delport, Petrus Albertus marianne79@live.co.za Myburgh, Marianne Capital maintenance rules Companies act 71 of 2008 UCTD Dissertation (LLM)--University of Pretoria, 2011. The objective of this study is to do critical analysis if the new Companies Act, with specific reference capital maintenance rules. Furthermore, this study will compare the current Companies Act with the new Companies Act, with a specific focus on sections 44, 45 and 48 of the new Companies Act and their comparison to sections 38, 85 and 226 of the current Companies Act. The next objective is to establish what impact the new piece of legislation will have on South African companies and whether the deficiencies in the current Companies Act have been addressed by the new Companies Act. The final objective is to establish whether this new piece of legislation gives adequate protection for the shareholders of a company. This study will focus on certain aspects of capital maintenance and excludes a comprehensive study of the capital maintenance rules, as the focus will be on certain sections in the current Companies Act and also the new Companies Act. This study will focus on the comparison between the new and current Companies Act. Furthermore, the focus will also be on the protection of the creditors of a company when analysing the different sections of the current companies act and the new companies act. Mercantile Law unrestricted 2013-09-07T16:18:00Z 2011-11-24 2013-09-07T16:18:00Z 2011-09-08 2011-11-24 2011-11-22 Dissertation Myburgh, M 2011, A critical analysis of the new capital maintenance rules in terms of the Companies Act 71 of 2008, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://hdl.handle.net/2263/29698 > F11/9/215/gm http://hdl.handle.net/2263/29698 http://upetd.up.ac.za/thesis/available/etd-11222011-162322/ © 2011, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle Capital maintenance rules
Companies act 71 of 2008
UCTD
A critical analysis of the new capital maintenance rules in terms of the Companies Act 71 of 2008
title A critical analysis of the new capital maintenance rules in terms of the Companies Act 71 of 2008
title_full A critical analysis of the new capital maintenance rules in terms of the Companies Act 71 of 2008
title_fullStr A critical analysis of the new capital maintenance rules in terms of the Companies Act 71 of 2008
title_full_unstemmed A critical analysis of the new capital maintenance rules in terms of the Companies Act 71 of 2008
title_short A critical analysis of the new capital maintenance rules in terms of the Companies Act 71 of 2008
title_sort critical analysis of the new capital maintenance rules in terms of the companies act 71 of 2008
topic Capital maintenance rules
Companies act 71 of 2008
UCTD
url http://hdl.handle.net/2263/29698
http://upetd.up.ac.za/thesis/available/etd-11222011-162322/