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#CIN2206.CHAPTER2 REVISION.pdf
10. Whats was the judgement in and Others v President Brand Gold Mining 1969(3) SA 629 (A)? 11. "The rule is that where a wrong is done to the company for example by its directors failing to fulfill their duties it is the company alone through its majority that can sue for the injury inflicted; thus the proper Plaintiff is the company
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The majority rule & the protection of Minority.pptx
Unformatted text preview: action . -if the company fails to do so an agent of the company may, in certain circumstances institute action on behalf of the company. -even in these circumstances a member cannot act if the wrong concerned is one which a simple majority could condone or ratify.Further on minority majority rule v President Brand Gold Mining Co …
Free Essay: Company Law Assignment
However to protect the minority, there are various exceptions to the majority rule which is stated stated in the case of Per Trolip JA in and Ors v President Brand Gold Mining Co. 1969 …
THE COMPANIES ACT 71 OF 2008 DOES NOT OUST THE …
This was the view adopted in Sammel v President Brand Gold Mining Co Ltd (1969 (3) SA 629 (A)), where the court held that the concept of corporate democracy connotes that …
IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA
Others v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) at 662F). [5] In the court a quo the learned judge had regard to the respondent's financial statements for the year ended 28 February 1997, which, although only in draft form, were accepted as an accurate reflection of the company's position. The statements
THE RIGHTS OF MINORITY SHAREHOLDERS IN …
18Sammel v President Brand Gold Mining Co Ltd 1969 (3)SA 629 (A)para678Trollip J firmly noted:'By becoming a shareholder in a company a person undertakes by his contract to be bound by the decisions of the prescribed majority of shareholders, if those decisions on the affairs of the company are arrived at in accordance with the law, even where
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v President Brand Gold Mining Co Ltd. The proper and effective exercise of appraisal rights under the South African Companies Act 2008, J Yeats. The current economic climate has seen a rise in shareholder activism and raised various questions surrounding the enforcement …
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v ABSTRACT First, this study stems from the urge to bring clarity as to whether, in Nigeria, there is a ... 1 See the opinion of Trollip JA in v. President Brand Gold Mining Co. Ltd (1969) …
The Definition of Member / Shareholder in the South African …
1 See generally Sammel v President Brand Gold Mining Co 1969 (3) SA 699 (A) at 699–707 for a definition of a nominee shareholder. Compare with note 2 below, which refers to South Africa's Companies Act 61 of 1973, sec 103(2) of which provides that, for a person to become a member, his or her name must be entered in the register.
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RULE OF MAJORITY SHAREHOLDERS IN ORGANISATIONS
This principle is called Majority rule principle in the case of Trollip JA and Ors v President Brand Gold Mining Co. 1969 (3) SA 629 (A) stating the reluctance of courts to intervene in …
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In dealing with the second question, the court in Du Plooy referred with approval to Sammel and Others v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (AD) at 666 …
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Communicare v Khan
Neutral citation : Communicare v Khan (12/2012) [2012] ZASCA 180 (29 November 2012) Coram : Cloete, Cachalia, Malan and Shongwe JJA and Swain AJA Heard : 14 November 2012 ... As stated by Trollip JA in Sammel & others v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) at 678G-H: 'By becoming a shareholder in a company a person ...
(PDF) The statutory remedy for unfair prejudice in South …
This predicament was addressed in Sammel v President Brand Gold Mining Co Ltd50 where it was stated that: by becoming a shareholder in a company a person undertakes by his contract to be bound by the decisions of the prescribed majority of shareholders, if those decisions on the affairs of the company are arrived at in accordance with the law ...
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(DOC) Major and Minority Shareholders
Question 1 " by becoming a shareholder in accompany, a person undertakes by his contract to be bound by the decisions of the prescribed majority of shareholders, if those decisions on the …
IN THE HIGH COURT OF SOUTH AFRICA
Act 4th ed vol 2 at 586; Sammel and Others v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) at 662F)"." [9] As indicated in paragraph [5] above, it was contended on behalf of the respondent that the corporation is commercially solvent and is able to
Evolution of the derivative action as an enforcement of …
Sammel v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) 678 - 679 where it is highlighted that a general principle of corporate law is that one who becomes a shareholder in a company undertakes to be bound by decisions taken lawfully by the majority of shareholders,
Minority Shareholder Protection – Bezuidenhout Lak …
Yende v Orlando Coal Distributors (Pty) Ltd 1961 (3) SA 314 (W) Par316 and Hahlo's South. African Company Law Through the Cases 6e page381 par2 and page403 par2. Sammel v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) par678. Max Rainer Companies Act provides relief for prejudiced minority shareholders, De Rebus in. 2019 (Aug) …
AN ANALYSIS OF THE OPPRESSION REMEDY UNDER …
1Sammel v President Brand Gold Mining Co Ltd1969 (3) SA 629 (A) at 678. 2PA Delport (ed) Henochsberg on the Companies Act 71 of 2008(Service Issue 17) 574(12) and the authorities there cited. 3JT Pretorius (ed) Hahlo'sSouth African Company Law through the Cases6 ed (1999) 380. 4Delport (ed) op cit note 2 at 574(12). The standard in company ...
(PDF) The statutory remedy for unfair prejudice in South …
The test in Sammel v President Brand Gold Mining Co Ltd was criticised by some authors as an unsatisfactory way of proving oppression.
This principle comes from the case of Sammel v President Brand Gold
A more efficient stock market, with higher investments, leads to a thriving economy. A thriving economy attracts investors, entrepreneurial adventures and job growth (we need to employ people to work in our new company). ... Sammel v President Brand Gold Mining Co Ltd ...
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Louw and Other v Nel (45/10) [2010] ZASCA 161; 2011 (2) SA …
For, as Trollip JA put it in Sammel v President Brand Gold Mining Co Ltd: 19 ' By becoming a shareholder in a company a person undertakes by his contract to be bound by the decisions of …