Companies and other Business Structures in South Africa, fourth edition, offers a clear and practical introduction to the law relating to companies, close corporations, business trusts, partnerships and financial markets.

The fourth edition is comprehensively revised and updated to address the extensive development of common law jurisprudence that has emerged in the recent period. In particular, the text succinctly analyses the complex body of case law developments within the spheres of corporate governance, insider trading and business rescue, and provides a chapter that addresses the winding up and deregistration of companies.

The text explains the law relating to corporate finance with an interdisciplinary (legal, accounting and management accounting) approach, and situates discussion of the recently promulgated Financial Markets Act 19 of 2012 within the context of insider trading and financial markets.

First published in 1996, Workplace Law has become one of the most widely used and frequently quoted text books on South African labour law. This 12th edition has been revised and supplemented to incorporate the latest case law, as well as the latest amendments to labour legislation. Workplace Law provides a complete overview of issues that have arisen and are likely to arise on the shop floor, in court and in arbitration proceedings - from unfair labour practices, through employment equity, dismissal and collective bargaining, to strikes. This updated, comprehensive and reliable work is a convenient and indispensable guide to a complex and fascinating area of law. Workplace Law is also available in electronic form as part of Juta's Labour Library, where it is updated quarterly.

"Everything should be made as simple as possible but not simpler." -Albert Einstein. The authors of this book firmly believe in this principle. This book aims to explain labour law as simply as possible without losing the essence and importance of labour law rules in the workplace.

This book uses plain and understandable language and practical examples to explain concepts. Visual aids such as tables or graphics and mind maps will explain difficult concepts further. In a nutshell, this book is an essential tool for any keen student or reader on the topic. This is a thoroughly revised new book, building on the foundations of the first three editions, but expanded and updated to meet the needs of the students using it.

The fourth edition has:

First published in 1996, Workplace Law has become one of the most widely used and frequently quoted text books on South African labour law. This 13th edition has been revised and supplemented to incorporate the latest case law, as well as the latest amendments to labour legislation.

Workplace Law provides a complete overview of issues that have arisen and are likely to arise on the shop floor, in court and in arbitration proceedings – from unfair labour practices, through employment equity, dismissal and collective bargaining, to strikes. Students, HR and IR practitioners, lawyers, employers, employees and trade union officials will find this updated, comprehensive and reliable work a convenient and indispensable guide to a complex and fascinating area of law. Workplace Law is also available in electronic form in Juta’s Labour Law Library, where it is updated quarterly.

Companies and other Business Structures in South Africa offers a clear and practical approach to the law relating to companies, close corporations, trust entities, partnerships and financial markets.

The fifth edition is comprehensively revised to address the extensive common law jurisprudence that has developed since the Companies Act 71 of 2008 was promulgated, and offers expanded commentary to support meaningful understanding and practical application of the legislative provisions and common law. In addition, the fifth edition offers a new chapter that discusses the obligations of business enterprises in relation to human rights.

Companies and other Business Structures in South Africa is suited as core course material for students of all disciplines, who are studying company law at undergraduate or postgraduate level. The text balances rigour and depth with accessibility, and offers a clear pedagogical structure that supports effective learning and independent engagement wi t h the subject matter. To support teaching and learning, teaching presentation and assessment materials are available to lecturers.

The book is also a useful resource for legal or accounting practitioners who may wish to engage with practical and current principles of the field.

From 1 May 2011 company law in South Africa was dramatically altered: the 1973 Act which had governed companies for the life-times of most business people and lawyers in South Africa was replaced by the Companies Act of 2008, as amended in March 2011.

A new era of company law dawned, and with it a host of new concepts, rights, remedies, obligations, procedures and sanctions were introduced. These fundamentally affect the way that every business operates and the advice and practice of every lawyer, accountant or other professional adviser.

This title, the first to cover the new Act and the new regulations, provides the hand-holding, the insight, and the understanding that business and their advisers require in order not to be wrong-footed by the new regime.

This bilingual casebook assists undergraduate students in the areas of law dealing with partnerships, companies and insolvency. Generally, cases have been reproduced in their entirety to show students the various sections that make up a reported case. In more complicated cases the relevant facts have been summarised and the most important parts of the judgment reproduced.

This book provides a detailed, yet simplified reference to the general principles of the Law of Contract and specific contracts, other commercial transactions and corporate law.

The fourth edition of International Business Law and the Legal Environment: A Transactional Approach gives business and law students a clear understanding of the legal principles that govern international business. This book goes beyond compliance by emphasizing how to use the law to create value and competitive advantage. DiMatteo's transactional approach walks students through key business transactions-from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more-giving them both context and providing real-world applications. More concise than previous editions, this new edition also features: * Added coverage of new technologies, such as smart contracts, digital platforms, and blockchain technology * Discussion of businesses and sustainability, climate change, and creating a circular economy * Greater focus on UNIDROIT Principles and a review of INCOTERMS 2020 * Expansion of common carrier coverage to include CMI trucking and CMR railway conventions * International perspective and use of a variety of national and international law materials * Great coverage of EU substantive law Upper-level undergraduate and postgraduate students of business law and international business will appreciate DiMatteo's lucid writing style, and professionals will find this book to be a comprehensive resource. Online resources include an instructor's manual, PowerPoint slides, test bank, and other tools to provide additional support for students and instructors.

Due Diligence and Corporate Governance is a general guide to a subject of growing importance. This handbook shows you how due diligence is used to assess the risk of any transaction, customer or investor for all businesses regardless of size or location.
There are three main reasons for the rise in the profile and uses of due diligence:
-Companies are now doing deals all over the world and must be increasingly vigilant about the individuals and companies they are dealing with
-Investors, consumers and the media are putting pressure on companies to avoid dealing with ethically, environmentally or socially irresponsible organisations
-Internal controls must address the increasing regulatory requirements introduced in response to corporate scandals and the terrorist threat
Due diligence allows companies to profile the companies and individuals they are thinking of dealing with before any commitment is made, providing an effective safeguard against criminal activity, reputational damage, or breaches of legislation. With its diverse coverage and focus on the practical uses of due diligence, combined with explanations and illustrations of best practice by case studies, diagrams and checklists, this handbook is the essential guide for all those involved in corporate transactions and risk management. The handbook:
-Provides a broad introductory guide to due diligence
-Examines due diligence in the context of risk management and corporate governance
-Is straightforward, comprehensive and practical
-Uses case studies to illustrate business users
-Includes checklists to monitor risk management
-Provides insights into comparative corporate governance framework

Corruption in South Africa: A Legal Perspective offers a comprehensive analysis of the legal and institutional frameworks addressing corruption in South Africa.

With eleven insightful chapters covering the international anti-corruption landscape, domestic legislation, the impact on human rights, public procurement, money laundering, and the critical role of civil society, courts, and commissions of inquiry, this book is an essential resource for anyone seeking to understand the challenges of corruption in South Africa and the legal battle against it.

Designed for academics, policymakers, legal practitioners, students, and the general public, this groundbreaking work sheds light on a crucial issue facing the nation today. It is written in a style and language that make it accessible and easy to understand even for those without any legal background.

This book examines the treatment of joint ventures (JVs) in EU competition law, and, at the same time, provides a comparison with US law. It starts with an analysis of the rather elusive concept of JVs, encompassing both concentrative JVs (subject to merger control) and non-concentrative JVs. Although focused on possible definitions of JVs in terms of competition law, it also includes a broader perspective (going beyond competition law) on the different legal models of structuring cooperation links between undertakings. At the core of the book is an attempt to build an analytical model for the assessment of JVs in terms of antitrust law, especially as regards Article 101 of the Treaty on the Functioning of the European Union. The analytical model used proposes a set of sequential analytical levels, taking into account structural factors and specific factors related to the main constituent elements of the functional programs of JVs. The model is applied to a substantive assessment of four main types of JVs, identified on the basis of their prevailing economic function: R&D JVs, production JVs, commercialization JVs, and purchasing JVs. Also covered are particular situations of joint ownership of undertakings falling short of joint control. In the concluding part of the book, recent developments in JV antitrust law are put into context, within the wider reform of EU competition law. The book is comprehensive and up-to-date in terms of the reform of the EU framework on horizontal cooperation between undertakings, which was introduced at the end of 2010. (Series: Hart Studies in Competition Law - Vol. 6)

This incisive Research Handbook identifies and assesses the emerging trends in competition enforcement, investigating how such changes impact the enforcement approach of competition authorities and the behaviour of companies in an ever-evolving business and regulatory environment. Insightful contributions from experts in the field of competition enforcement law cover anticompetitive agreements, unilateral conduct, and merger control, as well as exploring topics such as algorithmic collusion, market power and data, big data, industrial policy, consumer welfare, common ownership, and competition enforcement in digital platforms. Combining academic, practitioner, and enforcer perspectives, this expansive Handbook sheds light on topical developments concerning competition enforcement, representing an expansion of existing enforcement practices. The Handbook concludes by considering how competition authorities could address the proliferating competition enforcement challenges arising from the appearance of new markets, novel business models, and technological developments. Bringing together unique perspectives on new trends affecting competition enforcement, this timely Handbook will prove invaluable to law firms with an international competition or merger law practice, as well as to economic consultants and competition and regulatory authorities. Comprehensive and accessible, its analysis of the latest developments and perspectives in competition enforcement establish the Handbook as essential reading material for scholars of law and business across the globe.

Strategies and Techniques for Passing the Zambian Bar Exam: Company Law and Procedure is part of a series which serves as a practical guide for candidate attorneys preparing for their bar examinations. The focus is on Company Law and Procedure. The book draws on the author's experience as a 'facilitator and coach' to students taking the Legal Practitioners Qualifying Examination (LPQE) at the Zambia Institute of Advanced Legal Education (ZIALE) and practitioners in a corporate law firm. Strategies and Techniques for Passing the Zambian Bar Exam: Company Law and Procedure evaluates the Company Law and Procedure course, focuses on important aspects of the new Companies Act 10 of 2017 and the Corporate Insolvency Act 9 of 2017, which came into operation in 2018, and provides various techniques for answering questions and preparing for the examinations. This book will fill a critical gap in an important course which is notorious not only for its relative technicality and the dearth of study and reference material tailored for the bar exam, but also for its low pass rate. Although specifically targeted at the LPQE, the techniques provided by the author are of general application and instructive for all law students.

What happens when electric utility monopolies pursue their acquisition interests undisciplined by competition, and insufficiently disciplined by the regulators responsible for replicating competition? Since the mid-1980s, mergers and acquisitions of U.S. electric utilities have halved the number of local, independent utilities. Mostly debt-financed, these transactions have converted retiree-suitable investments into subsidiaries of geographically scattered conglomerates. Written by one of the U.S.'s leading regulatory thinkers--a litigating attorney, regulatory advisor, expert witness and law professor--this book combines legal, accounting, economic and financial analysis with insights from the dynamic field of behavioral economics. With a clear assessment of the 30-year march of U.S. electricity mergers, the author describes the economic losses that result when merger promoters and their transactions face neither the discipline of competition nor the rigors of regulation. This work is essential reading for regulatory practitioners, consumer advocates and investment advisors--as well as citizens concerned with concentration of economic power. The principles explored are relevant anywhere regulated utility monopolies have the legal right to merge, acquire or be acquired.

This essential Research Handbook provides a comprehensive and critical assessment of the global governance instruments related to business and human rights from an interdisciplinary perspective. Contributions from a diverse range of leading international scholars offer an overview of the existing literature and rapidly-evolving research discipline, as well as identifying key trends and outlining an ambitious future research agenda. The Research Handbook first examines governance initiatives that operate across economic sectors, discussing both public and private initiatives at state, regional and international levels that seek to develop, implement and enforce rules with regard to the impacts of transnational business activities on human rights. Chapters then investigate particular economic sectors - including textiles, electronics, agro-chemical, construction, and finance - to assess the ways in which different initiatives attempt to mitigate risks and address business-related human rights abuses. Scholars of law, regulatory governance, global governance, management, human rights and social sciences who are interested in gaining a deeper understanding of the emerging business and human rights regime will find this Research Handbook a crucial read. It will also prove a useful and thorough introduction for students, scholars and practitioners new to the field of business and human rights.

This incisive book critically explores the principles, purpose and application of corporate rescue in order to bring new significance to rescue theory. Responding to key legislative developments and recent case law, it examines major insolvency theories and establishes which theoretical principles are prominently applied in practice, and whether these principles have affected the drivers of policy consideration. John M. Wood gives unique consideration to value within a corporate failure and rescue context, focusing on the issue of identifying the value of a company and its assets so that optimal rescue outcomes can be realised. Wood provides a detailed examination of the professional discretion afforded to insolvency practitioners to determine how commercial decisions, like rescue proposals, are construed. The in-depth analysis of key cases such as Re One Blackfriars Ltd and legislation including the Corporate Insolvency and Governance Act 2020 will prove invaluable for both practitioners and policy makers exploring corporate insolvency and rescue reform. It will also be of interest to scholars and students of insolvency law, as well as company law more broadly.

This book examines corporate governance rules in China, and highlights the deficiencies in current company law, with the purpose of arguing for a more effective derivative action mechanism, for the benefit of shareholders and their companies. Throughout the book, Jingchen focuses on how to build a more effective, accessible and balanced mechanism for derivation action in order to promote more sound corporate governance in China. He examines two significant questions, namely - the possibility of transplanting legal regimes and rules from other jurisdictions, and how this sits against the practical experiences from the last fifteen years. The book includes discussions of both the legal issues that hinder the efficient and sound enforcement of derivative claims, as well as suggestions for reform, supported and underpinned by corporate governance theories. Derivative Actions and Corporate Governance in China will be a key resource for academics, practitioners, fund managers and postgraduate students in the fields of Asian law and corporate law and governance.

This unique book provides readers with a concise yet rigorous outline of the English corporate insolvency framework as it is practised in domestic and cross-border cases. In doing so, this primer provides clear and accessible guidance on what is often considered to be a highly technical subject. Throughout the book, Eugenio Vaccari and Emilie Ghio demonstrate how to successfully navigate the uncharted waters of the significantly revised English corporate insolvency rules and procedures. Chapters answer foundational questions in insolvency law, such as: How are companies liquidated in England? How and why are they rescued and restructured? What happens when a company is liquidated or restructured, but has assets and creditors in England and abroad? The book also includes a comprehensive analysis of the sweeping and far-reaching changes to the regulatory framework introduced in the wake of the COVID-19 pandemic. Providing a blend of accessible but detailed guidance and critical discussion, the hybrid nature of English Corporate Insolvency Law: A Primer will make the book an ideal companion for students, practitioners (especially new entrants to the profession) and researchers in the fields of company and insolvency law, both within England and internationally.

This comprehensive Practical Guide provides direction on the wide array of legal questions and challenges that start-ups face. Start-up Law features analysis from five jurisdictions that represent a variety of legal traditions across different continents. Expert contributors address key legal issues for technology-based start-ups and entrepreneurs, as well as providing insights into the law and practice of the countries examined. Key features include: * a focus on the complete life cycle of a start-up, from innovative idea through growth of the business to success or failure * specific, in-depth analysis of law relating to start-up businesses in Denmark, Canada, Israel, Switzerland and the United States * guidance aimed at helping start-ups and entrepreneurs navigate the diverse legal and regulatory hurdles they may encounter, including practical insights from expert contributors with first hand industry experience. Start-up Law will prove crucial reading for lawyers advising technology start-ups, as well as entrepreneurs themselves in this sector. It will also be useful for scholars and students in business and commercial law, as well as policy-makers interested in providing a supportive regulatory environment for innovation and start-ups.

Novel Beings is a forward-looking exploration into the divide between proactive and reactive regulatory approaches to the cross-section of biotechnology and artificial intelligence (AI) research. Addressing an innovative area of academic study, Novel Beings questions how this research, which has the potential to create new forms of morally valuable life, could be regulated. This fascinating book examines the promises and perils of conflicting approaches to regulating emerging technologies in the unique context of this probable challenge for law and society. An impressive, and multidisciplinary, selection of expert contributors offer considerations vital to any attempt to address these issues before they become impossible to prevent or rectify. Chapters explore technologies such as genomics, synthetic biology and neurotechnologies, as well the profusion of 'expert systems' - algorithms and simple AI that interweave through everyday life, from smart assistants, to the financial markets, to social media. David Lawrence and Sarah Morley also discuss the global challenges for society and the laws regarding the status of these technological beings, their protections and obligations. This book will appeal to researchers and academics who are interested in the regulation of emerging technology. It will also provide a beneficial new resource for scholars and postgraduate students studying emerging technology in different fields, such as law, bioethics and philosophy.

This research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism. Through coverage of key jurisdictions in Asia, Europe and the Americas, this research handbook reveals differences and similarities between legal traditions that have shaped different countries' laws, and the extent to which these laws have become more similar over the past decades. It takes a broad perspective throughout comparative corporate governance, considering the rights and duties of shareholders, including controlling and minority shareholders, directors and the relationship between their powers. Chapters address key topics such as the methods and goals of comparative corporate governance research and enforcement of corporate governance. Informative and perceptive, Comparative Corporate Governance will be a key resource for academics and students in commercial law, comparative law and government studies. Internationally oriented corporate law practitioners and law firms will also be interested in the legal information contained in the chapters.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Focusing on the adoption of the UN Guiding Principles on Business and Human Rights (UNGPs) in 2011, this timely book charts the field of business and human rights, finding that corporate responsibility to respect human rights is gradually evolving into a binding legal duty in both national and international law. Following the structure of the UNGPs, Peter T. Muchlinski also covers the state duty to protect against business violations of human rights, the corporate responsibility to respect human rights and access to remedies for corporate violations of human rights. Key Features: A detailed, critical, appraisal of the UNGPs in their historical, legal and political contexts Coverage of developments in national law and policy to further the state's duty to protect against business violations of human rights An interdisciplinary perspective drawing on history, law, business ethics, politics, and ideas of corporate governance with a view to introducing the field to readers with diverse specialist backgrounds Coverage of new directions for business and human rights including calls for new mandatory corporate liability laws, a legally binding international treaty and new multi stakeholder initiatives for developing business and human rights standards This Advanced Introduction will be a key guide for students and researchers in the fields of business and human rights, international law and business ethics, as well as lawyers and business managers who need an accessible primer to business and human rights.

This insightful Research Handbook contributes to the theoretical and practical understanding of corporate purpose and personhood, which has become the central debate of corporate law. It provides cutting-edge thoughts on the role of corporations in society and the nature of their rights and responsibilities. Featuring contributions from leading scholars, the Research Handbook invites readers to reconsider corporate purpose and personhood by offering a perceptive route to better understand changes that are already apparent in the modern corporation across the world. It provides examples of how a 21st century lens for viewing corporate purpose and personhood will leave us with a different picture and a new understanding of these topics, as well as future directions in corporate social responsibility. Chapters offer analysis of a wide range of topics related to corporate purpose and personhood, including shareholder primacy, stakeholder governance, corporate social responsibility and benefit corporations. This Research Handbook will be a vital resource for students and academics in the areas of corporate and constitutional law, as well as for researchers with an interest in management, business and social responsibility.