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The objects of section 49 of the Close Corporations Act are not advanced by limiting the Court's power to making orders relating to the day-to-day running of the ordinary business of the corporation. The court held that this section is designed for an extraordinary situation.
Since 1 May 2011, it has been impossible to incorporate a new close corporation in South Africa. There are, however, still hundreds of thousands of close corporations in existence. They are regulated chiefly by the Close Corporations Act. [13] A close corporation is a juristic person distinct from its members.
If found guilty of serious misconduct, gross abuse of position, gross negligence, wilful misconduct or a breach of trust, a director can be declared delinquent by the court. If declared delinquent, an order will ban a person from holding a director position for at least seven years, or for life in serious cases. [citation needed]
It was applicable to all companies listed on the main board of the Johannesburg Stock Exchange, large public entities as defined by the Public Entities Act of South Africa; banks, financial and insurance companies as defined by the Financial Services Acts of South Africa; and large unlisted companies.
Separate legal personality of the corporation (access to tort and contract law in a manner similar to a person) Limited liability of the shareholders (a shareholder's personal liability is limited to the value of their shares in the corporation) Transferable shares (if the corporation is a "public company", the shares are publicly listed and ...
The Companies and Intellectual Property Commission (CIPC) is an agency of the Department of Trade, Industry and Competition in South Africa. [1] The CIPC was established by the Companies Act, 2008 (Act No. 71 of 2008) [2] as a juristic person to function as an organ of state within the public administration, but as an institution outside the public service.
"subordinate legislation made in terms of a provincial Act"; and "legislation that was in force when the Constitution took effect and that is administered by a provincial government." [6] There are a large number and variety of statutes in South Africa—including Acts, ordinances, proclamations, by-laws, rules and regulations.
The Financial Sector Conduct Authority (FSCA) is the South African financial institutions market conduct regulator and a successor agency to the Financial Services Board (South Africa). [ 1 ] [ 2 ] [ 3 ]