‘Transparency and Accountability Under the New Company Law’ 2010 Acta Juridica 42 – 72
Posted: 15 Apr 2016
Date Written: April 4, 2016
This paper discusses the two-tier transparency and accountability regime provided for by the Companies Act 71 of 2008 (the Act). It includes a detailed outline and an analysis of the relevant provisions hinged on JL Mashaw’s six-facet enquiry into governance. The analysis also includes a comparison with the provisions of the King Code of Governance Principles for South Africa 2009 (King III Code). Among other findings, the paper finds that the Act retains many of the provisions of the Companies Act 61 of 1973 but omits references to public interest, closely held and widely-held companies as these types of company are not provided for in the Act.
Keywords: Company Law, transparency, accountability, South Africa
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