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  5. Bcom (BER220)

Summary

Summary BER 220 CHAPTER 30
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  • Module
  • Bcom (BER220)
  • Institution
  • University Of Pretoria (UP)
  • Book
  • BUSINESS LAW 6TH EDITION

"Ace your business law exams with comprehensive, expertly curated notes. with notes that are concise and easy-to-understand notes cover all the key concepts and provided examples to help you study efficiently and effectively. Get a head start on your revision and achieve exam success!"

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  • Yes
  • August 27, 2024
  • 3
  • 2024/2025
  • Summary

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  • business law

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  • University of Pretoria (UP)
  • Bcom (BER220)
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BER 220 CHAPTER 30
26 August 2024 11:46


CHAPTER 30: INTRODUCTION TO CLOSE CORPORATIONS
(CC's):
CLOSE CORPORATION (CC) AS A BUSINESS VENTURE:
• The Old Act complicated business operations, making it challenging to establish small
corporations.
Example: Small businesses struggled to comply with extensive regulations under the
previous Companies Act.

• As a result, starting small corporations was difficult due to regulatory complexities and
requirements.
Example: Entrepreneurs faced hurdles in forming businesses because of stringent legal
requirements and documentation.

• The Corporations Act 69 of 1984 established the framework for close corporations in South
Africa.
Example: This Act allowed small businesses to register as close corporations, simplifying
their legal structure.

• This Act created a simpler entity similar to companies, easing administrative burdens for
businesses.
Example: Close corporations required fewer formalities compared to private companies,
promoting easier business management.

• However, new close corporations cannot be established; Companies Act 71 of 2008 prohibits it.
Example: Entrepreneurs must now register as private companies instead of forming new
close corporations.

• The Companies Act 71 of 2008 provides the necessary framework for new business entities.
Example: New businesses are now incorporated under the Companies Act, ensuring
compliance with modern regulations.

CHARACTERISTICS OF THE CC:
1. Separate legal personality-a company exists independently from its owners, holding distinct legal
rights and obligations and will enjoy perpetual successes.
Example: In Salomon v Salomon & Co Ltd, the company was treated as separate from Mr.
Salomon.

2. Capacity is unlimited-companies can engage in various activities and transactions without
restriction.
Example: A company can invest in real estate, conduct trade, or expand into new markets.

3. Formation of CC-close corporations are easier and cheaper to establish, requiring minimal legal
formalities.
Example: Registering a CC involves submitting a founding statement and paying a small
fee.

4. Membership limitations-a close corporation can have a maximum of 10 natural persons as
members.


BER 220 Page 1

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