Masters Degrees (Mercantile Law)

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Browsing Masters Degrees (Mercantile Law) by Subject "Business enterprises -- Law and legislation -- South Africa"

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    Reconsidering Distributions: A Critical Analysis of the Regulation of Distributions to Shareholders in the Companies Act of 2008, with Special Reference to the Solvency and Liquidity Requirement
    (Stellenbosch : Stellenbosch University, 2015-03) Van der Merwe, Constant Pieter; Sutherland, P. J.; Stellenbosch University. Faculty of Law. Department of Mercantile Law
    ENGLISH ABSTRACT : The Companies Act 71 of 2008 introduces a completely new system for the regulation of distributions by a company to its shareholders. The preferred method for protecting the interests of creditors in distributions is now based on a solvency and liquidity test. Regrettably, the provisions setting out the requirements for distributions on the one hand and the solvency and liquidity test on the other have been poorly drafted. This thesis first explains and then applies an innovative interpretation theory to these provisions with a view to piecing together coherent content. The thesis finds that creative interpretations will not suffice in various places, meaning that substantive revision is required. The thesis concludes with brief amendment proposals and accompanying commentary.