n Acta Juridica - The registration of securities under the new Companies Act 71 of 2008 : corporate formation and corporate finance : part I

Volume 2010, Issue 1
  • ISSN : 0065-1346
  • E-ISSN: 1996-2088



This paper explores an area of company law dealing with the registration of securities. It compares the procedure and the requirements for registering securities in terms of the Companies Act of 1973, and the new Companies Act of 2008. It also highlights the differences between the provisions of these two Acts regarding registration of securities.

The paper further discusses how the rights of securities holders are protected in the new Companies Act of 2008 and highlights a new remedy protecting the rights of the holders of issued securities.
It concludes with a submission that most of the provisions in the new Companies Act of 2008 dealing with the registration of securities do not differ significantly from those provided by the current Companies Act of 1973. A submission is also made that, given the similarities between the two Acts, authoritative interpretations (including some cases) of relevant provisions of the Companies Act of 1973 may still apply and thus provide some guidance on how to better understand and apply the new Companies Act of 2008.

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