No. , April 2021
Index
- Preliminary notes
- Preliminary notes
- Preliminary notes
- Preliminary notes
- A discussion of the requirements of a trial of a serious question of consequence and the best interests of the company as contemplated in section 165(5)(b) of the Companies Act 71 of 2008
- Board autonomy and recourse to the courts in South Africa
- Possible manipulation of the ‘solvency and liquidity’ test under the Companies Act makes the test an ineffective alternative to the ‘maintenance of capital’ principle
- The continued relevance of the Turquand Rule under the current company law regime in South Africa
- Good corporate governance affirms the board (led by the chairperson) as the focal point of governance and the courts have no mandate to undermine this principle