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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Foreign business corporations and south african private international law
Author:Brooks, P.E.J.ISNI
Periodical:The Comparative and International Law Journal of Southern Africa
Geographic term:South Africa
Subjects:foreign enterprises
international law
private law
Abstract:South African private international law is characterized by a dualistic approach resulting from the distinction which is drawn in South African company law between foreign business corporations which establish a place of business in the Republic (external companies) and those which do not (foreign corporations). This article treats of the principles, as laid down in the Companies Act 61 of 1973, pertaining to foreign corporations (personal law of foreign corporations - recognition as separate juristic entities - capacity to enter into a contract or to perform some other legal act - authority of representatives - internal affairs - termination of corporate existence) and those pertaining to external companies (acquisition of legal personality - registration after establishment - the impact of s 2(2) of the Companies Act - the right to litigate - capacity to conclude a contract - authority of representatives - matters relating to shareholders and directors - share capital - takeovers and mergers - termination of corporate existence). Note, ref.