Tag: director delinquency
New Companies Act requirements
During Parliamentary debates on amendments to the Companies Act in 2023, it was noted that the biggest opposition to the amendments related to the disclosure of remuneration. With the President signing the Companies Amendment Act on the 26th of July 2024, debates on the new remuneration requirements will resurface.
Directors’ role as the cornerstone of the governance ecosystem
The governance ecosystem is touted to give accountability, transparency, fairness and responsibility as the pillars on which corporate governance is built to all stakeholders and sanction or root out perverse conduct in an appropriate and balanced manner. This should keep the equilibrium of all stakeholders’ rights and obligations in check.
The UK and the non-compete clause: can SA compete?
With only a few weeks till the Brexit transition and having initiated discussions years ago, UK ministers are considering formally doing away with non-compete clauses sooner rather than later. Essentially, removing non-compete clauses allows employees to start their own businesses without having to sit out a waiting period.
Delinquent directors: the cautionary tale of Dudu Myeni
As a bare minimum, directors are required to act in a manner which benefits the company – that is, to act in the company's best interests. This is entrenched in section 76 of the Companies Act which requires all directors, alternate directors and prescribed officers to act in good faith, in the best interests of the company and with the necessary degree of care, skill and diligence and prevents such persons from (1) abusing their position; and (2) knowingly causing harm to the company.
