According to the SCA decision in the Consol Glass matter (Case no 1010/2019), it may be argued that a conventional loan is not a “Security” for the purposes of Section 44 of the South African Companies Act, 2008 (Financial assistance for subscription of securities) as amended.
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See AllIn South Africa, security over financial instruments is typically established through a pledge, cession in security, or a combination of...
Directors often delegate certain functions and tasks to company employees or rely on the advice of experts. However, under South African...
In South Africa, banking and finance transactions often involve suretyships and guarantees. A guarantor's obligation depends on what the...
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