Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended

dc.contributor.authorGetz, Keith
dc.date.accessioned2024-08-16T13:12:24Z
dc.date.available2024-08-16T13:12:24Z
dc.date.issued1995
dc.date.updated2024-08-15T12:32:47Z
dc.description.abstractA company may wish to negotiate, or indeed be forced to negotiate, with its members and/or creditors with a view to modifying rights or claims in their common interest. Such rights or claims against a company often vest in a large number of members or creditors with whom it would be impossible for a company to negotiate individually. Section 311 of the Companies Act No. 61 of 1973, as amended ("the Act"), in providing for a compromise or arrangement between a company and its members and/or creditors (or a class of them), provides a statutory procedure, subject to supervision by the courts, whereby a company can negotiate with its members and/or creditors (or a class of them) collectively and bind such members or creditors to proposals agreed upon by a majority of such members or creditors. Section 311 makes provision for the reaching of binding ,agreement between a company and its members and/or creditors in a manner which modifies rights upon a majority vote subject to certain safeguards of the rights of dissenting minorities.
dc.identifier.apacitationGetz, K. (1995). <i>Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended</i>. (). ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/40517en_ZA
dc.identifier.chicagocitationGetz, Keith. <i>"Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended."</i> ., ,Faculty of Law ,Department of Commercial Law, 1995. http://hdl.handle.net/11427/40517en_ZA
dc.identifier.citationGetz, K. 1995. Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended. . ,Faculty of Law ,Department of Commercial Law. http://hdl.handle.net/11427/40517en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Getz, Keith AB - A company may wish to negotiate, or indeed be forced to negotiate, with its members and/or creditors with a view to modifying rights or claims in their common interest. Such rights or claims against a company often vest in a large number of members or creditors with whom it would be impossible for a company to negotiate individually. Section 311 of the Companies Act No. 61 of 1973, as amended ("the Act"), in providing for a compromise or arrangement between a company and its members and/or creditors (or a class of them), provides a statutory procedure, subject to supervision by the courts, whereby a company can negotiate with its members and/or creditors (or a class of them) collectively and bind such members or creditors to proposals agreed upon by a majority of such members or creditors. Section 311 makes provision for the reaching of binding ,agreement between a company and its members and/or creditors in a manner which modifies rights upon a majority vote subject to certain safeguards of the rights of dissenting minorities. DA - 1995 DB - OpenUCT DP - University of Cape Town KW - Law LK - https://open.uct.ac.za PY - 1995 T1 - Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended TI - Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended UR - http://hdl.handle.net/11427/40517 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/40517
dc.identifier.vancouvercitationGetz K. Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended. []. ,Faculty of Law ,Department of Commercial Law, 1995 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/40517en_ZA
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Commercial Law
dc.publisher.facultyFaculty of Law
dc.subjectLaw
dc.titleRecent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended
dc.typeThesis / Dissertation
dc.type.qualificationlevelMasters
dc.type.qualificationlevelMasters
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