Cover image for Student case book on business entities
Student case book on business entities
Title:
Student case book on business entities
Author:
Pretorius, J. T.
ISBN:
9780702167249
Edition:
3rd ed.
Publication Information:
Lansdowne [South Africa] : Juta, 2004.
Physical Description:
xvi, 293 pages ; 25 cm
General Note:
Includes alphabetical list of cases.
Contents:
Partnership law -- Legal nature of a partnership -- Types of partnerships -- Essential elements of the partnership agreement -- The naturalia of the partnership agreement -- The partnership fund -- Rights and duties of partners: good faith -- Management of the partnership -- The enforcement of the rights between partners -- External relations: contractual liability -- Liability of partners -- Grounds for dissolution of the partnership -- General consequences of dissolution.

Company law -- The company as a separate entity -- Disregarding the separate existence of the corporate entity -- Aspects of the legal personality of a company -- Pre-incorporation of contracts -- Memorandum and articles -- Office-bearers -- Division of powers -- General meetings -- Legal position of directors -- Directors: board meetings -- Directors: fiduciary duties -- Directors: duty to act with care and skill -- Directors: conduct towards members of the company -- Contract between director and his company -- Indemnity of directors: section 247 -- Personal liability: section 424 -- Representation of a company -- Shares, shareholders and members -- The offer and transfer of shares -- Share capital -- Financial statements and disclosure -- Divisible profit and dividends -- Auditor's duty of care and skill -- Auditors: civil liability of auditors towards third parties -- Reorganisation, arrangements and take-overs -- Protection of minority interests.

Close corporations law -- Conversion of a close corporation -- Cessation of membership -- Statutory personal action: section 49 -- Pre-incorporation contracts -- Management by disqualified persons -- Reckless or fraudulent trading: section 64 -- Abuse of corporate juristic personality: section 65 -- Other possibilities of personal liability.

The law of business trusts -- Legal nature of a trust -- The legal nature of a trust; the parties to a trust, the trust beneficiary -- The parties to a trust -- The trustee -- The trust beneficiary -- External relations: actions by or agaisnt the trust -- Variation of the trust document.
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