n Tydskrif vir die Suid-Afrikaanse Reg - Appropriation of corporate opportunities by directors and employees : regspraak

Volume 2007, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



As fiduciaries, directors have to account to their companies for "secret profits" - advantages obtained in the course and execution of their office other than those to which the directors are entitled by virtue of holding that office. They also have an obligation not to usurp business opportunities that fall in the company's line of business and that they should be acquiring on its behalf, often described as "corporate opportunities", for their own personal gain. The circumstances in which these two obligations arise often overlap, but there are also clear differences between them. The distinction is important when it comes to issues like ratification (Havenga "Corporate opportunities: a South African update" Parts I and II 1996 40 and 233).

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error