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90 pages
1 file
Collected Material.
SSRN Electronic Journal, 2000
EPRA International Journal of Economic and Business Review
The Companies Act, 2013 marks a paradigm shift in India’s corporate law regime, and has far reaching implications for both domestic Indian companies and overseas investors with a presence in India. This paper provides a brief analysis of some of the key changes that have been brought about by the 2013 Act which became largely effective on April 1, 2014. Some provisions, however, continue to remain inoperative and are likely to be made effective by the Indian government in due course. This piece makes it easier to understand the changes in the 2013 Act that affect multinational corporations having Indian companies or those looking to make investments in India. KEY TERMS: Domestic Indian Companies, Overseas Investors, Multinational Corporations &Investment
Statute Law Review, 2014
2014
The separate legal personality of a company is the very foundation on which company law rests. The Companies Act 71 of 2008 ('the Companies Act') has introduced into South African company law, for the first time, a statutory provision permitting inroads to be made into this fundamental principle. Section 20(9) of the Companies Act permits a court to disregard the separate legal personality of a company and to pierce the corporate veil in instances of 'an unconscionable abuse of the juristic personality of the company as a separate entity'.
2010
CAPITAL RULES IN THE COMPANIES ACT OF 2008 A critical analysis of the new statutory provisions on Corporate Capital 1 157 Section 46(1)(3)(a) 158 Section 77(3)(e)(vi) 159 Section 77(3)(4)(a) 2.10. R Du Plessis and G Matarirano-The new capital maintenance regime and company disposals explored (2007) http://www.mylexisnexis.co.za/nxt/gateway.dll (accessed 17 November 2009) 2.11. The Companies Act Seminar-Overviewhttp://www.vippayroll.co.za (information accessed on 7 November 2009) 2.12. Appendix to being a director-Comparison of selected aspects of the Companies Act, 1973 and the new Companies, 2008 2.13. Maintenance of Capital-General Principle http://mylexisnexis.co.za/nxt/gateway.dll (accessed on 7 November 2009) 3. Legislation 3.1. Companies Act 61 of 1973 3.2. Companies Act 70 of 2008 3.3. Notice 1183 of 2004-South African Company Law for the 21 st Century Guidelines for Corporate Law Reform-Government Gazette No. 26493 3.4. Notice 166 of 2007-Companies Bill, 2007, Notice of Intention to introduce a Bill into Parliament-Government Gazette No. 29630 4. Cases 4.1. Trevor v Whitworth (1886-90) All E.R. Rep 46-The case was originally reported in (1887) 12 App Cas 409 4.2. Capitext Bank Ltd v Qorus Holdings Ltd and others 2003 (3) SA 302 (W) 4.3. Gradwell (Pty) Ltd v Rostra Printers Ltd 1959 (4) SA 419 (A)
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