A study of the impact of company legislation on the fiduciary duties of directors with regard to contracts with the company

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dc.contributor.advisorWiese, Tobiasen_ZA
dc.contributor.authorNgaleka, Victor Pen_ZA
dc.date.accessioned2015-05-27T04:07:26Z
dc.date.available2015-05-27T04:07:26Z
dc.date.issued2014en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractA company, as a separate legal personality, is not able to act on its own accord. It must necessarily participate in legal transactions through natural persons acting on its behalf. Directors are the persons who act on behalf of the company in transactions with third parties. Their functions and responsibilities arise by virtue of the company as being a separate legal personality. The company acts through its organs. One of its organs is the board of directors, which is entrusted with the management of the business of the company. The other organ, through which a company acts, is the general meeting of the company, which is not the object of this study. The management of a company can only be effective if the directors are empowered with sufficient discretion to exercise their powers in an effective and efficient manner. However, it is also important that members of the company in its general meeting exercise effective oversight over the management of the company by the directors. It is, however, not easy for members to exercise judicious control over management because of the diversity and dispersal of shareholders. Hence, directors are subject to various duties, which are normally classified as the duty of care and skill, and the fiduciary duties. The effective control of the directors is dependent on the enforcement of these duties, which are based on common law.en_ZA
dc.identifier.apacitationNgaleka, V. P. (2014). <i>A study of the impact of company legislation on the fiduciary duties of directors with regard to contracts with the company</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/12905en_ZA
dc.identifier.chicagocitationNgaleka, Victor P. <i>"A study of the impact of company legislation on the fiduciary duties of directors with regard to contracts with the company."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2014. http://hdl.handle.net/11427/12905en_ZA
dc.identifier.citationNgaleka, V. 2014. A study of the impact of company legislation on the fiduciary duties of directors with regard to contracts with the company. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Ngaleka, Victor P AB - A company, as a separate legal personality, is not able to act on its own accord. It must necessarily participate in legal transactions through natural persons acting on its behalf. Directors are the persons who act on behalf of the company in transactions with third parties. Their functions and responsibilities arise by virtue of the company as being a separate legal personality. The company acts through its organs. One of its organs is the board of directors, which is entrusted with the management of the business of the company. The other organ, through which a company acts, is the general meeting of the company, which is not the object of this study. The management of a company can only be effective if the directors are empowered with sufficient discretion to exercise their powers in an effective and efficient manner. However, it is also important that members of the company in its general meeting exercise effective oversight over the management of the company by the directors. It is, however, not easy for members to exercise judicious control over management because of the diversity and dispersal of shareholders. Hence, directors are subject to various duties, which are normally classified as the duty of care and skill, and the fiduciary duties. The effective control of the directors is dependent on the enforcement of these duties, which are based on common law. DA - 2014 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - A study of the impact of company legislation on the fiduciary duties of directors with regard to contracts with the company TI - A study of the impact of company legislation on the fiduciary duties of directors with regard to contracts with the company UR - http://hdl.handle.net/11427/12905 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/12905
dc.identifier.vancouvercitationNgaleka VP. A study of the impact of company legislation on the fiduciary duties of directors with regard to contracts with the company. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/12905en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherCompany Lawen_ZA
dc.titleA study of the impact of company legislation on the fiduciary duties of directors with regard to contracts with the companyen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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