As an alternative to applying for relief to a court, a person entitled to relief or to file a complaint may refer it to various other forums in terms of the companies act 71 of 2008. list the alternative forums to which such a person may refer the matter.
Question: As an alternative to applying for relief to a court, a person entitled to relief or to file a complaint may refer it to various other forums in terms of the companies act 71 of 2008. list the alternative forums to which such a person may refer the matter.
As an alternative to applying for relief to a court, a person entitled to relief or to file a complaint may refer it to the following alternative forums in terms of the Companies Act 71 of 2008:
- The Companies Tribunal
- An accredited entity
- Any other person
The Companies Tribunal is a specialist tribunal that deals with disputes arising under the Companies Act. It is a more informal and less expensive forum than the courts. The Companies Tribunal can order a variety of remedies, including:
- Declaring invalid any act or resolution of the company.
- Ordering the directors to perform or refrain from performing certain acts.
- Winding up the company.
An accredited entity is a body that has been accredited by the Companies Commission to provide alternative dispute resolution (ADR) services. Accredited entities include mediation and arbitration bodies. ADR is a process in which the parties to a dispute try to resolve the dispute with the help of a neutral third party. ADR can be a faster and more cost-effective way to resolve disputes than going to court.
Any other person can be referred to as a mediator or arbitrator. The person must be independent and impartial, and must have the necessary skills and experience to resolve the dispute.
The following are some of the advantages of using alternative forums to resolve disputes:
- They are often less expensive and faster than going to court.
- They are more informal and less adversarial than court proceedings.
- They can provide a more creative and flexible approach to resolving disputes.
- They can help to preserve relationships between the parties.
If you are considering referring a matter to an alternative forum, you should seek legal advice to ensure that you choose the right forum and that your rights are protected.
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