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Cassim, Farouk H.I. (Managing Editor). The law of business structures. – 2nd ed. – Juta, 2021.


ISBN: 9781485138600 (Print)


Summary provided by the publisher: “The Law of Business Structures provides a comprehensive but simplified treatment of the different types of business structures in South African law. Partnerships, business trusts, close corporations and companies, whether large or small, whether profit-making or non-profit making, are discussed. This includes modern corporate governance best practices, and even an updated analysis of insider trading and market manipulation. The proposed new Companies Amendment Bill of 2021, which was published when this new edition was nearing completion, is also discussed wherever relevant.


In the nine years since the publication of the first edition of The Law of Business Structures, there has been extensive judicial development of many provisions of the Companies Act 71 of 2008. This second edition has been updated to include a discussion and analysis of the leading cases on the subject. Much of the material on this subject, particularly company law, has been updated. The prime, original aim of keeping complex theoretical analysis and debate to a minimum has been retained. A highlight of this book is that legal doctrines and principles are expounded in a lucid and coherent way and stated, wherever possible, in simple terms.”


Contents include:


  • Partnerships
  • Business trusts
  • The legal concept of a company
  • Types of companies
  • Formation of companies and the company constitution
  • Corporate capacity, agency and the Turquand Rule
  • Groups of companies and related persons
  • Shares, securities and transfer
  • Corporate finance
  • Governance and shareholders
  • Governance and the board of directors
  • Corporate governance
  • The duties and the liability of directors
  • The auditor, financial records and reporting
  • Public offerings of company securities
  • Fundamental transactions, takeovers and offers
  • Shareholder remedies and minority protection
  • Enforcement and regulatory agencies
  • Business rescue and compromises
  • Winding-up
  • Insider trading and market manipulation
  • Transitional arrangements close corporations

The law of business structures. (2e, 2021)

SKU: 9781485138600
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