The Rights of the Minority Against Majority Rule
A Critical Analysis of the South African Companies Act 71 of 2008
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The arguments in this book are based on the opinion that the South African Companies Act 71 of 2008, does not provide sufficient protection to the minority shareholders against the common law principle of majority rule. The analysis demonstrates that minority protection under the Act, faces a number of challenges that emanate from the application of this principle. It is argued that as a result of the insufficiency in the protection of minority shareholders against the majority rule principle, minority shareholders are exposed to fraud and abuse of powers by the majority shareholders. In an at...
The arguments in this book are based on the opinion that the South African Companies Act 71 of 2008, does not provide sufficient protection to the minority shareholders against the common law principle of majority rule. The analysis demonstrates that minority protection under the Act, faces a number of challenges that emanate from the application of this principle. It is argued that as a result of the insufficiency in the protection of minority shareholders against the majority rule principle, minority shareholders are exposed to fraud and abuse of powers by the majority shareholders. In an attempt to address this situation, an investigation is made into the English company law on the protection of minority shareholders against majority rule.
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