Cassim, Farouk H.I. (Managing Editor). The law of business structures. – 2nd ed. – Juta, 2021.
ISBN: 9781485138600
Summary provided by the publisher:
“The Law of Business Structures provides a comprehensive but simplified treatment of the different types of business structures in South African law. Partnerships, business trusts, close corporations and companies, whether large or small, whether profit-making or non-profit making, are discussed. This includes modern corporate governance best practices, and even an updated analysis of insider trading and market manipulation. The proposed new Companies Amendment Bill of 2021, which was published when this new edition was nearing completion, is also discussed wherever relevant.
In the nine years since the publication of the first edition of The Law of Business Structures, there has been extensive judicial development of many provisions of the Companies Act 71 of 2008. This second edition has been updated to include a discussion and analysis of the leading cases on the subject. Much of the material on this subject, particularly company law, has been updated. The prime, original aim of keeping complex theoretical analysis and debate to a minimum has been retained. A highlight of this book is that legal doctrines and principles are expounded in a lucid and coherent way and stated, wherever possible, in simple terms.”
Contents include:
Partnerships
Business trusts
The legal concept of a company
Types of companies
Formation of companies and the company constitution
Corporate capacity, agency and the Turquand Rule
Groups of companies and related persons
Shares, securities and transfer
Corporate finance
Governance and shareholders
Governance and the board of directors
Corporate governance
The duties and the liability of directors
The auditor, financial records and reporting
Public offerings of company securities
Fundamental transactions, takeovers and offers
Shareholder remedies and minority protection
Enforcement and regulatory agencies
Business rescue and compromises
Winding-up
Insider trading and market manipulation
Transitional arrangements close corporations