Overview

This seminar covers key aspects of the new Companies Act as well as the latest draft regulations. It is aimed at professionals dealing with small to medium sized ‘for-profit’ companies. It therefore does not deal in any detail with listed companies, state-owned enterprises or not-for-profit companies. The seminar will however also be useful for directors of companies who wish to understand their statutory and common law duties. It covers key aspects of the King Code and highlights the practical application of the Code as it affects small to medium-sized companies.

Seminar content

1. The new Companies Act and the regulations: where we are now. The latest developments
2. King 3 in context of company law and commentary on King 3
3. The 2008 Companies Act and the Regulations: choices, principles and key concepts
4. Types of company: choices in terms of company and close corporation law, including reporting, auditing, independent review and taxation principles
5. The status of pre-existing companies and what they should do
6. The status of close corporations and how the new Companies Act affects close corporations
7. Incorporation of a company, the MOI and the Rules: practical issues
8. Liquidity and solvency requirements and practical application, including business rescue provisions
9. Directors
• Function
• Board composition
• Types of director
• Delinquency and probation
• Statutory duties
• Business judgement rule
• Reliance on others
• Personal liability, indemnity and insurance
• Committees of the Board and the audit committee
10. Auditors, accounting officers, independent review. Companies that are exempt
11. The nature of independent review
12. Financial reporting: 2008 Act and King3
13. Company records
14. Shares and share capital
15. Regulatory bodies
16. Business rescue
17. Remedies
18. General: topics of interest

Presenter

PROFESSOR WALTER GEACH - CA (SA) BA LLB (Cape Town) M COM FCIS

Walter Geach is a Chartered Accountant CA (SA), a Fellow of the Chartered Institute of Secretaries and also an Advocate of the High Court of South Africa. He is currently a Senior Professor and a Fellow of the University of KwaZulu-Natal based in the Graduate School of Business at the University of KwaZulu-Natal.

He is a non-executive director of Grindrod Limited.

Professor Geach has published a number of books, and his books are published by Juta and Company, Cape Town, by Butterworths Lexis Nexis and by Oxford University Press. His published books include the following:

1. GUIDE TO THE CLOSE CORPORATIONS ACT
2. GUIDE TO THE COMPANIES ACT
3. The South African Financial Planning Handbook (co-author)
4. Trusts: law and practice
5. Companies and other business structures in South African law (co-author)

R250.00 per copy (incl. Vat and postage)