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Company Law II

Application Form
Complete Online Application Form at
/zahrah/display/external/public/163/AabSAeQlpQ#section-intro

Start Date
15 July 2024

Apply By
21 June 2024

Cost
R16,400.00

Duration & Format
This is a semester-long course where participants attend lectures on a Saturday morning from 08:30 to 10:00 during the period 15 July to 22 October 2024. Exams will take place on the 30 October 2024 to 26 November 2024.

Overview
Company Law II follows on from the Company Law I course and addresses more specific company law issues than the broad overview provided in Company law I. It focuses on the critical analysis of these topics, particularly those areas that have undergone changes in the wake of the Companies Act, 71 of 2008 (Companies Act). It will seek solutions to some of the problem areas identified in the Companies Act. The analysis of these areas will be theoretical but with a view to facilitating the exposition of these topics in legal practice. The emphasis will be on the position in terms of the Companies Act 71 of 2008, the Common Law, foreign corporate law, and other international instruments, with reference being made to the position in terms of the Companies Act 61 of 1973 where relevant.

Course Outcomes
On successful completion of this short course, participants should be able to:

  • Understand and critically analyse complex legal problems in the theory and practice of company law
  • Explain the theoretical and practical implications of the topics covered in the course
  • Competence in understanding the current legal position as determined by the Companies Act , 2008 within the context of the broader South African society
  • Develop the ability to evaluate and synthesise information from a wide variety of sources
  • Demonstrate interpersonal skills and communication skills

Course Content
The following areas of company law will be focused on: 

  • Remedies , specifically shareholder remedies that will include the oppression remedy; appraisal rights and  the derivative action
  • An overview of fundamental transactions, and the role of the takeover Regulation panel
  • Offers of securities by a company to the public
  • Investor Protection: Prohibited Trading Practices
  • Reckless Trading (s122 of the Companies Act 2008 AND s242 of the Companies Act 1973)
  • Enhanced Transparency and Accountability: Chapter 3 of the Companies Act 2008
  • Business rescue - procedure and effects of business rescue

Target Audience
Corporate lawyers, legal advisors, company secretaries, and professionals involved in corporate management.

Application Process
A relevant Bachelor of Laws or Bachelor of Commerce in Law or Bachelor of Arts in Law or equivalent qualification is a prerequisite for admission to the postgraduate certificate courses; OR

Applicants with any other undergraduate qualifications must complete the bridging course Introduction to Law for Non- Lawyers or equivalent courses first as well as have relevant legal work experience in the specific legal field before they would be considered for other courses.

You will be required to submit a copy of your Bachelors Degree, academic record as well as a copy of your identity document or passport.

Kindly note that all foreign qualifications must be submitted with a SAQA Evaluation Letter.

Additional Information
One of the following certificates can be obtained: 

  • Certificate of Attendance: To obtain a certificate of attendance, students are required to attend and participate in 75% of the lectures. 
  • Certificate of Competence: To obtain a certificate of competence, students are required to attend and participate in 75% of the lectures and to complete the assessments as required in the course.

This postgraduate certificate course is accredited by the university in accordance with its statutory mandate.  It does not lead to a qualification registered on the National Qualifications Framework.

Enquiries 
Mahlatse Masemola Tel No: +27 11 717 8438; Email mahlatse.masemola@wits.ac.za 
Ursula Dillner-Dangor Tel No: +27 11 717 8435; Email: ursula.dillner-dangor@wits.ac.za 
Website www.wits.ac.za/mandelainstitute/short-courses/

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