A law review offers a chance to rethink whether NZ’s insolvent trading rules strike the right balance between creditor protection and business rescue.
Articles on Companies Act
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There is clearly the political will to update the Companies Act. But the new reforms have gaps that could undermine the the goals of simplicity and transparency.
Laid-off Supie staff were paid by an anonymous donor – but many employees never get what they’re owed when a company fails. New Zealand should follow overseas examples to better protect workers.
South Africa’s laws designed to protect whistleblowers need urgent reform.
The state capture inquiry shows that South Africa’s parliament needs to urgently end the uncertainty about whether or not shadow directors are governed by the Companies Act.
A company director these days is often a skilled professional packing a lot of experience, but these very same factors will count against a director when a court decides a delinquency application.
Directors who are unfairly kicked out of office by a hostile board face challenges since the legal remedies open to them are unclear.
The scandals surrounding South Africa’s power utility, Eskom, were caused by the neglect of corporate governance rules by the board, the executive authority, and the public enterprises minister.
Top contributors
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Professor in Company Law, University of South Africa
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Associate professor in Commercial Law, School of Accounting and Commercial Law, Te Herenga Waka — Victoria University of Wellington
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Associate Professor and Director of Rhodes Business School, Rhodes University
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Senior Lecturer, Faculty of Law, University of Auckland, Waipapa Taumata Rau
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Senior Lecturer, Business School, University of Auckland, Waipapa Taumata Rau
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Senior Lecturer in Commercial Law, University of Auckland, Waipapa Taumata Rau