COMPANIES ACT 71 OF 2008.pdf

Remuneration of practitioner part c rights of

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Remuneration of practitioner Part C Rights of affected persons during business rescue proceedings 144 . Rights of employees 145 . Participation by creditors 146 . Participation by holders of company’s securities 147 . First meeting of creditors
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148 . First meeting of employees’ representatives 149 . Functions, duties and membership of committees of affected persons Part D Development and approval of business rescue plan 150 . Proposal of business rescue plan 151 . Meeting to determine future of company 152 . Consideration of business rescue plan 153 . Failure to adopt business rescue plan 154 . Discharge of debts and claims Part E Compromise with creditors 155 . Compromise between company and creditors CHAPTER 7 REMEDIES AND ENFORCEMENT Part A General principles 156 . Alternative procedures for addressing complaints or securing rights 157 . Extended standing to apply for remedies 158 . Remedies to promote purpose of Act 159 . Protection for whistle­blowers Part B Rights to seek specific remedies 160 . Disputes concerning reservation or registration of company names 161 . Application to protect rights of securities holders 162 . Application to declare director delinquent or under probation 163 . Relief from oppressive or prejudicial conduct or from abuse of separate juristic personality of company 164 . Dissenting shareholders appraisal rights 165 . Derivative actions Part C Voluntary resolution of disputes 166 . Alternative dispute resolution 167 . Dispute resolution may result in consent order Part D Complaints to Commission or Panel 168 . Initiating a complaint 169 . Investigation by Commission or Panel 170 . Outcome of investigation 171 . Issuance of compliance notices 172 . Objection to notices 173 . Consent orders 174 . Referral of complaints to court 175 . Administrative fines Part E Powers to support investigations and inspections 176 . Summons 177 . Authority to enter and search under warrant 178 . Powers to enter and search 179 . Conduct of entry and search Part F Companies Tribunal adjudication procedures 180 . Adjudication hearings before Tribunal 181 . Right to participate in hearing 182 . Powers of Tribunal adjudication hearing 183 . Rules of procedure 184 . Witnesses CHAPTER 8 REGULATORY AGENCIES AND ADMINISTRATION OF ACT Part A Companies and Intellectual Property Commission 185 . Establishment of Companies and Intellectual Property Commission
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186 . Commission objectives 187 . Functions of Commission 188 . Reporting, research, public information and relations with other regulators 189 . Appointment of Commissioner 190 . Minister may direct policy and require investigation 191 . Establishment of specialist committees 192 . Constitution of specialist committees Part B Companies Tribunal 193 . Establishment of Companies Tribunal 194 . Appointment of Companies Tribunal 195 . Functions of Companies Tribunal Part C Takeover Regulation Panel 196 . Establishment of Takeover Regulation Panel 197 . Composition of Panel 198 . Chairperson and deputy chairpersons 199 . Meetings of Panel 200 . Executive of Panel 201 . Functions of Panel 202 . The Takeover Special Committee Part D Financial Reporting Standards Council 203 . Establishment and composition of Council 204 . Functions of Financial Reporting Standards Council Part E Administrative provisions applicable to agencies 205 . Qualifications for membership 206 . Conflicting interests of agency members 207 . Resignation, removal from office and vacancies 208 . Conflicting interests of employees 209 .
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