Unpacking selected key elements of the insider trading and market manipulation offences in South Africa

by | Oct 8, 2019 | JCCL, JCCL V2 I2

Unpacking selected key elements of the insider trading and market manipulation offences in South Africa

Authors Howard Chitimira

ISSN: 2521-2575
Affiliations: Associate Professor, Faculty of Law, North West University
Source: Journal of Corporate and Commercial Law & Practice, The, Volume 2 Issue 2, 2016, p. 24 – 41

Abstract

Market abuse (insider trading and market manipulation) practices that are prohibited in South Africa are briefly discussed in this article. Accordingly, this article discusses selected key elements of the insider trading and market manipulation prohibition in terms of the Financial Markets Act 19 of 2012. This is done to, inter alia, examine the adequacy of this prohibition in relation to the combating of market abuse in South Africa. To this end and where necessary, possible recommendations that could be utilised to enhance the curbing of market abuse activity in the South African financial markets will be made.

The duties of directors in the face of activism

by | Oct 8, 2019 | JCCL, JCCL V2 I2

The duties of directors in the face of activism

Authors Nigel Boardman, Emily Raftos

ISSN: 2521-2575
Affiliations: Partner, Slaughter and May, London; Associate (M&A), Slaughter and May, London
Source: Journal of Corporate and Commercial Law & Practice, The, Volume 2 Issue 2, 2016, p. 1 – 23

Abstract

In recent years, activism has become one of the most widely discussed topics in corporate governance. Much of this discussion centres on the manner in which target companies should respond to activists. Here, opinion is divided: some commentators consider that activists enhance value and that therefore they should be encouraged, while other commentators consider that activists enhance short-term value at the expense of long-term value and that therefore they should be discouraged. At the heart of this debate is an important question regarding the duties of directors: is it the duty of directors to promote the long-term interests of the company over the short-term interests of the company? This article will consider this question. It will be argued that, as a matter of English law, the answer is ‘no’: in discharging their duties, directors are required to consider the long-term interests of the company, but are not necessarily required to promote such interests over short-term interests.

Notes: Removing directors under Maryland law

by | Oct 8, 2019 | JCCL, JCCL V2 I1

Notes: Removing directors under Maryland law

Authors James J Hanks Jr, Michael D Schiffer, Carmen M Fonda

ISSN: 2521-2575
Affiliations: Partner, Venable LLP, Baltimore, MD; Partner, Venable LLP, Baltimore, MD; Partner, Venable LLP, Baltimore, MD
Source: Journal of Corporate and Commercial Law & Practice, The, Volume 2 Issue 1, 2016, p. 57 – 58

Abstract

The following was originally prepared as a memo to clients and other interested persons from Venable LLP, the leading law firm in Maryland, which is the state of formation for more New York Stock Exchange-listed companies than any state other than Delaware. As Maryland has an exceptionally well-developed general corporation statute, based in many respects on the Model Business Corporation Act (US), we are happy to pass along, with Venable’s kind permission, these occasional memos. Jim Hanks, one of the authors of this memo, assisted in the drafting of the South African Companies Act, 2008.

Notes: Exclusive forum bylaws in the United States – new research shows favourable impact

by | Oct 8, 2019 | JCCL, JCCL V2 I1

Notes: Exclusive forum bylaws in the United States – new research shows favourable impact

Authors James J Hanks Jr, Daniel RH Mendelsohn

ISSN: 2521-2575
Affiliations: Partner, Venable LLP, Baltimore, MD; An associate in Venable’s corporate group
Source: Journal of Corporate and Commercial Law & Practice, The, Volume 2 Issue 1, 2016, p. 52 – 56

Abstract

The following was originally prepared as a memo to clients and other interested persons from Venable LLP, the leading law firm in Maryland, which is the state of formation for more New York Stock Exchange-listed companies than any state other than Delaware. As Maryland has an exceptionally well-developed general corporation statute, based in many respects on the Model Business Corporation Act (US), we are happy to pass along, with Venable’s kind permission, these occasional memos. Jim Hanks, one of the authors of this memo, assisted in the drafting of the South African Companies Act, 2008.

Notes: Alterable and unalterable provisions of the Companies Act 71 of 2008: Recent cases expose inherent uncertainties

by | Oct 8, 2019 | JCCL, JCCL V2 I1

Notes: Alterable and unalterable provisions of the Companies Act 71 of 2008: Recent cases expose inherent uncertainties

Authors Helena Stoop

ISSN: 2521-2575
Affiliations: Lecturer in Law, University of Cape Town
Source: Journal of Corporate and Commercial Law & Practice, The, Volume 2 Issue 1, 2016, p. 40 – 51

Abstract

None

Land acquisitions by foreign-owned companies and possible human rights implications

by | Oct 7, 2019 | JCCL, JCCL V2 I1

Land acquisitions by foreign-owned companies and possible human rights implications

Authors Catherine Plit, Herbert Kawadza

ISSN: 2521-2575
Affiliations: Attorney at Schindlers Attorneys, Johannesburg; Senior Lecturer in the School of Law of the University of the Witwatersrand, Johannesburg
Source: Journal of Corporate and Commercial Law & Practice, The, Volume 2 Issue 1, 2016, p. 17 – 39

Abstract

Large multinational companies and foreign governments have shown considerable interest in foreign arable land, particularly in Sub-Saharan Africa. This growing development has been lauded by the host countries as a necessary tool aimed at aiding economic development. Despite such justifications, there is also evidence showing that such land acquisitions are associated with human rights violations. This article seeks to explore and examine this recent global trend. It investigates the underlying reasons for this increased agricultural interest, and seeks to identify and explain the detrimental consequences of these land deals for the human rights of vulnerable communities living within the host states. The international community has recognised the existence of such adversarial consequences and, as a result, the last few years have seen a flurry of various attempts aimed at governing the issue in one way or another. Given the multiplicity of the global responses, the governance of land grabbing becomes a complex system of differing views and ideologies. This article seeks to examine the most prominent regulatory attempts, and despite criticism regarding their prominent nature, this article argues that the progress thus far is commendable, displaying a collaborative success in demanding a strong human-rights-based approach to the issue.