Removal of Directors and Delinquency Orders under the South African Companies Act is a comprehensive discussion and analysis of the removal of company directors. The South African Companies Act 71 of 2008 has introduced innovative remedies for the removal of a company director. Removal of Directors and Delinquency Orders under the South African Companies Act draws attention to the various pitfalls to be avoided when removing a director from office.
A highlight of this book is that it discusses the various nuances in removing directors that are often overlooked, such as removing directors who are also employees or shareholders who hold loaded voting rights. Another highlight is the book’s exploration of the complex issue of removing directors of state-owned companies. Furthermore, the new delinquency remedy, which has attracted much litigation and publicity in South Africa in recent years, is comprehensively discussed. A refreshing aspect of Removal of Directors and Delinquency Orders is that it also considers the removal process from the perspective of a director who has been unfairly removed by a hostile board, and considers ways to guard against the abuse of the removal power. The strength of Removal of Directors and Delinquency Orders is that it unpacks a complex topic with clarity and coherence, making it easy to understand.
Developments in the United Kingdom, Australia and the United States of America are taken into account. Recommendations are made to enhance the law on the removal of directors and to clarify some ambiguities in the statutory provisions. Some vital amendments to the Companies Act are proposed.
Removal of Directors and Delinquency Orders under the South African Companies Act is a scholarly work for the subject specialist.