n South African Law Journal - Financial assistance - a new approach

Volume 126, Issue 3
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



The Companies Act 71 of 2008 introduces a new s 44 which deals with financial assistance by a company for the acquisition of its shares and which will replace s 38 of the current Companies Act 61 of 1973 when the new Act comes into operation. The focus of the legislation has shifted from the prohibition to the regulation of financial assistance in this context, and the article subjects the new section to comparative and contextual analysis, seeks to interpret the specific provisions and highlights possible areas which may prove to be problematic or confusing.

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