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INTRODUCTION
7
that
matters
which
do
not
change
the
overall
policy
of
the
Act
or
any
of
its
provisions
be
dealt
with
by
way
of
regulation.
This
is
not
ideal
because
it
introduces
an
element
of
uncertainty
and
gives
one
person,
the
Minister,
significant
powers,
but
it
seems
to
be
the
only
way
for
company
laws
to
keep
pace
with
modern
business.
The
Minister
published
the
first
set
of
regulations
on
26 April
2011.
They
also
came
into
operation
on
1 May
2011.
They
include
the
new
Takeover
Regulations.
Annexure 1
to
the
regulations,
called
‘Table
CR 1’,
contains
a
list
of
approximately
100
prescribed
forms
comprising
various
application
forms,
notices,
standard
forms,
certificates
and
other
documents
that
the
regulations
require
to
be
completed
or
issued,
all
of
which
are
also
annexed
to
the
regulations.
Each
prescribed
form
has
a
number
which,
for
ease
of
reference,
corresponds
with
the
number
of
the
relevant
regulation.
Such
number
is
always
preceded
by
the
expression
‘CoR’,
as
opposed
to
the
prefix
‘CM’
which
was
used
to
identify
the
prescribed
forms
under
the
1973
Act.
Table of contents
- Front cover
- Title page
- Imprint page
- Foreword
- Preface
- Contents
- Table of Sections of the Acts
- 1. Introduction
- 2. Two Essential Keys to Unlocking the Act
- 3. The Other Significant Changes
- 4. Purposes of the Act
- 5. General Interpretation, Plain Language, Substantive Compliance and Anti-avoidance
- 6. Related and Inter-related Persons
- 7. Holding Company/Subsidiary Relationships
- 8. Categories of Companies
- 9. Non-profit Companies
- 10 . Transfer of Registration from and to a Foreign Jurisdiction
- 11. Conversion of Close Corporations to Companies
- 12. Incorporation and Registration of Companies
- 13. The Memorandum of Incorporation
- 14. Capacity of a Company and Validity of Company Actions
- 15. Pre-incorporation Contracts
- 16. Company Names
- 17. External Companies
- 18. Transparency, Accountability and Integrity
- 19. Additional Accountability and Transparency Requirements for Certain Companies
- 20. Shares
- 21. Debt Instruments
- 22. Corporate Finance
- 23. Registration and Transfer of Securities
- 24. Beneficial Interest in Securities
- 25. Corporate Governance
- 26. Duties and Liabilities of Directors
- 27. Public Offerings of Securities
- 28. Fundamental Transactions and the Appraisal Remedy
- 29. The Takeover Regime
- 30. Remedies
- 31. Enforcement of Rights and Resolution of Disputes
- 32. The Companies and Intellectual Property Commission
- 33. The Companies Tribunal
- 34. Confidential Information Submitted to a Regulatory Agency, an Inspector or an Investigator
- 35. Offences and Penalties
- 36. Civil Actions and State Liability
- 37. Business Rescue
- 38. Compromises with Creditors
- 39. Reckless Trading and Inability to Pay Debts
- 40. Insolvent Companies
- 41. Winding-up of Solvent Companies
- 42. Deregistering Companies
- Index
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