n Tydskrif vir die Suid-Afrikaanse Reg - Directors' fiduciary duties and the 2008 Companies Bill : regspraak

Volume 2009, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



Certain provisions of the new Companies Bill (final version, B61D-2008, adopted by the National Assembly on 19 November 2008) seem to create a codification or -codification of this area of the common law. The purpose of this note is to examine the principal provisions involved and to offer some commentary as to their desirability and utility. I must, at the outset, state my observation that I can find nothing in the bill that derogates from the body of established common law and, therefore, the existing case law would remain applicable.

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