The personal liability of directors in terms of section 424 of the Companies Act - does it provide an adequate remedy?

dc.contributor.authorRose-Innes, Leslie Andrew
dc.date.accessioned2024-10-25T11:45:37Z
dc.date.available2024-10-25T11:45:37Z
dc.date.issued1995
dc.date.updated2024-07-12T06:18:53Z
dc.description.abstractCompanies are part of the very fabric of the modern commercial world. Very often business ventures are embarked on by a company rather than by the individual shareholders and investors in their own name. The fundamental attribute of corporate personality, well established since the decision in Salomon v Salomon and Company almost a century ago, is that a company is a legal entity- distinct from its members. The separate legal personality of a company and the limited nature of a shareholder's liability afford a measure of protection against personal liability being incurred by those who invest in a company as a shareholder or who are involved in managing a company as a director. Ordinarily the members and directors of a company will not be liable for the company's debts and liabilities. At times however these characteristics of a separate corporate personality and limited liability provide a shield behind which the unscrupulous seek to hide. It is part of commercial life that the business of some companies is conducted in an unlawful or irresponsible manner. This often results in insolvency and occasions loss to others. In certain circumstances the law provides for personal liability on the part of those responsible for such misconduct. It is necessary that appropriate legal remedies should exist.
dc.identifier.apacitationRose-Innes, L. A. (1995). <i>The personal liability of directors in terms of section 424 of the Companies Act - does it provide an adequate remedy?</i>. (). ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/40616en_ZA
dc.identifier.chicagocitationRose-Innes, Leslie Andrew. <i>"The personal liability of directors in terms of section 424 of the Companies Act - does it provide an adequate remedy?."</i> ., ,Faculty of Law ,Department of Commercial Law, 1995. http://hdl.handle.net/11427/40616en_ZA
dc.identifier.citationRose-Innes, L.A. 1995. The personal liability of directors in terms of section 424 of the Companies Act - does it provide an adequate remedy?. . ,Faculty of Law ,Department of Commercial Law. http://hdl.handle.net/11427/40616en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Rose-Innes, Leslie Andrew AB - Companies are part of the very fabric of the modern commercial world. Very often business ventures are embarked on by a company rather than by the individual shareholders and investors in their own name. The fundamental attribute of corporate personality, well established since the decision in Salomon v Salomon and Company almost a century ago, is that a company is a legal entity- distinct from its members. The separate legal personality of a company and the limited nature of a shareholder's liability afford a measure of protection against personal liability being incurred by those who invest in a company as a shareholder or who are involved in managing a company as a director. Ordinarily the members and directors of a company will not be liable for the company's debts and liabilities. At times however these characteristics of a separate corporate personality and limited liability provide a shield behind which the unscrupulous seek to hide. It is part of commercial life that the business of some companies is conducted in an unlawful or irresponsible manner. This often results in insolvency and occasions loss to others. In certain circumstances the law provides for personal liability on the part of those responsible for such misconduct. It is necessary that appropriate legal remedies should exist. DA - 1995 DB - OpenUCT DP - University of Cape Town KW - Commercial Law LK - https://open.uct.ac.za PY - 1995 T1 - The personal liability of directors in terms of section 424 of the Companies Act - does it provide an adequate remedy? TI - The personal liability of directors in terms of section 424 of the Companies Act - does it provide an adequate remedy? UR - http://hdl.handle.net/11427/40616 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/40616
dc.identifier.vancouvercitationRose-Innes LA. The personal liability of directors in terms of section 424 of the Companies Act - does it provide an adequate remedy?. []. ,Faculty of Law ,Department of Commercial Law, 1995 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/40616en_ZA
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Commercial Law
dc.publisher.facultyFaculty of Law
dc.subjectCommercial Law
dc.titleThe personal liability of directors in terms of section 424 of the Companies Act - does it provide an adequate remedy?
dc.typeThesis / Dissertation
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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