Common law turquand rule Study guides, Study notes & Summaries

QUESTION 1 1.1 Discuss the relevant section of the Companies Act 71 of 2008 that appears to be a codification of the common-law Turquand rule and highlight the similarities and the differences between the provisions of that particular section and the common-law Turquand rule. (10) 1.2 David is a non-executive director and chairperson of Free State Airlines SOC Ltd, a company that operates commercial flights between Johannesburg and Bloemfontein. David is also one of the major shareholders ...

LML4806 MEMO 2021 . LML4806 - Company Law TMT Group Limited will be holding its tenth annual general meeting (AGM) next month. The board of directors is concerned that it will not be possible to hold a traditional venue-based AGM where the directors, board committee members, auditors, shareholders and shareholder proxies can all attend in person and participate at the meeting. This is due to the evolving COVID-19 outbreak and the related measures to prevent its spread, including the req...

QUESTION 1 1.1 Discuss the meaning of the term “ubuntu”. Ubuntu is an African indigenous philosophy that is the measure of human behaviour. It is the ideal to live life selflessly and to make sacrifices for others who, in turn, will live selflessly. It places the well-being of the individual in all transactions. It is similar to the audi alteram partem rule, which means that both sides of the story must be heard. Ubuntu is attributed to co...

Discuss the relevant section of the Companies Act 71 of 2008 that appears to be a codification of the common-law Turquand rule and highlight the similarities and the differences between the provisions of that particular section and the common-law Turquand rule. (10) 1.2 David is a non-executive director and chairperson of Free State Airlines SOC Ltd, a company that operates commercial flights between Johannesburg and Bloemfontein. David is also one of the major shareholders of Aerial Lease (Pty)...

MRL2601_ Entrepreneurial Law Exam Pack 2021. Companies Act provides that each shareholder has a claim for damages against any person who fraudulently, or due to gross negligence, causes the company to do anything inconsistent with the Companies Act or a limitation, restriction or qualification on the powers of the company as stated in its Memorandum of Incorporation, unless ratified by special resolution in terms of section 20(2). This is in addition to the remedy provided in section 165. ...

Who may bring a statutory derivative action ito S165 CA a shareholder a director a registered trade union representing an employee or a person/body representing employees anyone who is granted leave by the court to do so prescribed officers Grounds for the application of statutory derivative action -cpy failed to take steps required -cpy appointed a person/committee who is not independent. -cpy accepted an inadequate report -cpy served a refusal notice Duties of the audi...

LML4806 MEMO 2021. This is an all-inclusive and a complete guide to LML4806 - Company Law TMT Group Limited will be holding its tenth annual general meeting (AGM) next month. The board of directors is concerned that it will not be possible to hold a traditional venue-based AGM where the directors, board committee members, auditors, shareholders and shareholder proxies can all attend in person and participate at the meeting. This is due to the evolving COVID-19 outbreak and the related meas...

HI STUDENTS, THIS DOCUMENT CONTAINS A FULLY ANSWERED COMPANY LAW IN WORD VERSION. STUDENTS MUST TAKE THIS LAST MINUTE OPPORTUNITY AND PURCHASE THE EXAM AT R70 ONLY.

A. Introduction Definition: a company is “a company incorporated under Chapter IV of the Companies Act and includes any body which immediately prior to the commencement of this Act was a company in terms of any law repealed by this Act”. o Application of the Act: Section 2 (i) Every company incorporated under this Act. (ii) Every external company = one incorporated outside SA/Namibia but that lodged its memorandum in South Africa/ Namibia and has a place of business in South Africa/...

LML4806_EXAM_ANSWERS_2020. Application of Ubuntu to company law Company law is guided by strict rules that need to be followed strictly and it regulates an area of law mainly driven by a desire for profit at any cost. The element of Ubuntu brings an element of Humanness to company law and company conduct. Companies are required to be more responsible in their conduct and take ownership in communities in which they operate 1.2 The Turquand rule was derived from Royal British Bank v Turquan...