Ons Maatskappywet van 2008 is sedert 2011 in werking. Die nuwe wet plaas ‘n hele lys van bykomende verantwoordelikhede en risiko’s op direkteure en beamptes. Die gevalle waar maatskappydirekteure persoonlik aanspreeklik gehou kan word is ook in die wet uitgebrei.
DIRECTORS AND PERSONAL LIABILITY: THE LITTLE-KNOWN SECTION WAITING IN AMBUSH
Since the “new” 2008 Companies Act came into effect in 2011, directors and other company officers have had to shoulder a raft of additional responsibilities and risks, amongst them a significantly increased risk of personal liability. Consider for example the
BUSINESS RESCUE AND SURETYSHIPS: CREDITORS AT RISK
Consider this scenario. It’s unfortunately one all too likely to face creditors in these hard times One of your corporate customers runs up a substantial debt, finds itself in financial distress, and applies for business rescue You suspect that somewhere
BUSINESS RESCUE: ARE SURETIES AT RISK?
“With surety stronger than Achilles’ arm” (Shakespeare) Creditors of a company in business rescue can, per a recent High Court decision, still sue the sureties. Although the company itself is protected from legal action by its creditors, there is no