Title: Shareholder Protection in Terms of the Companies Act 71 of 2008
Abstract: “Corporate governance” has become an international term with various attempts being made to provide concise definitions. For purposes of our discussion the following definition of corporate governance is the most apposite: “Corporate governance is a balance in which shareholders limit their right to manage the company in exchange for limited liability and the greater efficiency of centralised management.” This balance is allocated in various ways in different jurisdictions. In this article we consider this “balance” by examining the protection that shareholders receive and whether it is sufficient, especially in view of the general philosophy of the Act.
Publication Year: 2016
Publication Date: 2016-02-06
Language: en
Type: article
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