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Whether the Solvency and Liquidity test provides sufficient protection to creditors and minority shareholders

Whether the Solvency and Liquidity test provides sufficient protection to creditors and minority shareholders

by Sean Slabber | 8 Nov, 2022 | News

Article by Dhahini Naidu The Companies Act No. 71 of 2008 (“the 2008 Act”) reproduces a change from the standard of preserving the capital structure, to preserving the solvency and liquidity test, in comparison to its predecessor the Companies Act No. 61 of 1973 (“the...
The Companies Amendment Bill: A proposed revision of the tool for intra-company financial assistance under Section 45 of the Companies Act

The Companies Amendment Bill: A proposed revision of the tool for intra-company financial assistance under Section 45 of the Companies Act

by Sean Slabber | 31 Jan, 2022 | News

Section 45 of the Companies Act 71 of 2008 (“the Act”) is headed “Loans or Other Financial Assistance to Directors”. Despite the misleading heading of this section, it creates not only a mechanism for the provision of financial assistance by a...

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