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Corporate capacity and authority of agents under the Botswana Companies Act 2003
Includes bibliographical references.
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2014
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| _version_ | 1867613286960201728 |
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| access_status_str | Open Access |
| author | Baiketlile, Lindani |
| author2 | Jooste, Richard |
| author_browse | Baiketlile, Lindani Jooste, Richard |
| author_facet | Jooste, Richard Baiketlile, Lindani |
| author_sort | Baiketlile, Lindani |
| collection | Thesis |
| description | Includes bibliographical references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/9169 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:33:43.673Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/9169 Corporate capacity and authority of agents under the Botswana Companies Act 2003 Baiketlile, Lindani Jooste, Richard Includes bibliographical references. The purpose of this paper is to examine the way in which the capacity of the company is to be determined and also how the law has been changed with regard to when the company acts beyond its capacity and where directors or other agents acts beyond their authority. Corporate capacity herein refers to the ability of a company to enter into a particular transaction with a third party and Authority on the other hand will refer to acts by individuals who purport to take decisions on behalf of the company. The effectiveness of the Act in addressing the capability of the company to contract will be critically analysed and so are the protections offered to shareholders, the company and in equal measure third parties dealing with the company. The paper will particularly analyse the two fundamental doctrines/rules relating to corporate capacity, namely the ultra vires doctrine and constructive notice. The Turquand rule, agency principles and constructive notice will be discussed in so far as they relate to authority of agents. A comparative analysis of the provisions of the Act on capacity and authority will be undertaken with reference to the South African Companies Act of 2008. The comparison is meant to assess the competitiveness and harmonization of the Act with those of other countries particularly in the SADC region, to foster regional Integration. 2014-11-05T03:54:02Z 2014-11-05T03:54:02Z 2014 Master Thesis Masters LLM http://hdl.handle.net/11427/9169 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Baiketlile, Lindani Corporate capacity and authority of agents under the Botswana Companies Act 2003 |
| thesis_degree_str | Master's |
| title | Corporate capacity and authority of agents under the Botswana Companies Act 2003 |
| title_full | Corporate capacity and authority of agents under the Botswana Companies Act 2003 |
| title_fullStr | Corporate capacity and authority of agents under the Botswana Companies Act 2003 |
| title_full_unstemmed | Corporate capacity and authority of agents under the Botswana Companies Act 2003 |
| title_short | Corporate capacity and authority of agents under the Botswana Companies Act 2003 |
| title_sort | corporate capacity and authority of agents under the botswana companies act 2003 |
| url | http://hdl.handle.net/11427/9169 |
| work_keys_str_mv | AT baiketlilelindani corporatecapacityandauthorityofagentsunderthebotswanacompaniesact2003 |