n Without Prejudice - "In trust" or "in a trust"? : company law

Volume 13, Issue 6
  • ISSN : 1681-178X



The Companies Act (71 of 2008) is, in many ways, conceptually innovative. s40(5), for example, permits a company to issue shares to a subscribing party the company has received the subscription consideration, if the arrangements between the company, subscribing party and third party fit within the requirements of the section. Such an issue would have been void under s92 of the Companies Act 1973.

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