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The effectiveness of section 72(4) and Regulation 43(5) of the Companies Act 71 of 2008

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dc.contributor.advisor Prof. F.H.I. Cassim en_US
dc.contributor.author Volkwyn, Jenna Storme
dc.date.accessioned 2012-07-19T13:22:29Z
dc.date.available 2012-07-19T13:22:29Z
dc.date.issued 2012-07-19
dc.date.submitted 2012-05-30
dc.identifier.uri http://hdl.handle.net/10210/5252
dc.description LL.M en_US
dc.description.abstract The objective of this study is to identify whether section 72(4) and Regulation 43 is viable as an effective provision to be relied upon by shareholders and stakeholders in enforcing their rights under the Companies Act 71 of 2008. Corporate social responsibility is a relatively new concept within the context of company legislation and in turn raised the question as to whether stakeholder interests should be protected in the same manner as shareholder interests are. Due to being a relatively new concept, there is a lack of a proper legal framework. A comparative study is therefore made of the relevant legal rules and principles in the following countries: the United Kingdom; Germany; Canada; the United States of America and Australia It is submitted that under the context of CSR and in the absence of effective company legislation, there should be – 1) an introduction of an effective legal enforcement mechanism under the provisions of section 72; 2) a look into the viability of Regulation 43; 3) a provision that can effectively deal with stakeholder interests separate from shareholder interests, without prejudicing the success of the company. en_US
dc.language.iso en en_US
dc.subject South Africa. Companies Act 71 of 2008 en_US
dc.subject Ssocial responsibility of business en_US
dc.subject Corporation law en_US
dc.subject.other Corporate governance - Law and legislation
dc.title The effectiveness of section 72(4) and Regulation 43(5) of the Companies Act 71 of 2008 en_US
dc.type Thesis en_US


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