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An ESOP trust is an employee-share-ownership trust and is a mechanism that allows employees to buy or own shares in the private company.

As a minority shareholder of a company, it is key to ensure that the Shareholders Agreement of the company enshrines the rights of minority shareholders.

Crowdfunding has emerged as a popular method of raising funds for various projects and initiatives across the globe. In South Africa, this innovative financing model has gained traction in recent years.

The South African Taxation Laws Amendment Act, 2017 was signed into law on 18 December 2017 and made some notable changes to the tax regime.

South Africa has a comprehensive web of labour legislation designed to protect employees and to afford a measure of security of tenure. The Labour Relations Act (LRA) provides, under section 197, that employees' contracts of employment must be transferred from the seller of a business to the purchaser of that business.

On Wednesday, 31 August 2022, the Minister of Trade, Industry and Competition published for comment draft Block Exemption Regulations for Small, Micro and Medium-Sized Businesses after consultation with the Competition Commission.

One year into the ECOWAS Regional Competition Authority’s merger control function, what lessons have emerged for dealmakers navigating West Africa’s evolving antitrust landscape?

The opposition Democratic Alliance introduced the Ease of Doing Business Bill in Parliament in late February this year. The most significant objects of the cryptically titled bill are to...

In this edition of Back to Basics, we explore the importance of having clear termination provisions included in your contracts, specifically in the context of a master/framework agreement...

One of the main objectives of the new Companies Act is to promote the development of the South African economy by simplifying the formation and maintenance of a company.

The President has proclaimed in the Government Gazette No. 51837 that certain sections of the Companies Amendment Act No. 16 of 2024 ("Amendment Act") and the entirety of the Companies Second Amendment.

South Africa's Companies and Intellectual Property Commission ("CIPC") has clarified the deadline for filing beneficial ownership ("BO") information.

The Companies Amendment Bill published in South Africa in July 2005, came as a surprise to those patiently waiting for the much-anticipated overhaul of the Companies Act.

In February 2023, two of Africa's largest economies, South Africa, and Nigeria, were placed on the Financial Action Task Force's* (FATF) Grey List, indicating strategic deficiencies in anti-money laundering...

Unlike its predecessors, the Companies Act 71 of 2008 does not contain a specific provision to the effect that whenever an incorporated company is plaintiff in litigation, any defendant can demand that that the plaintiff company put up security for costs (provided that there is reason to believe that the plaintiff company is unable to pay the defendant's costs, if successful).

It has been suggested that provisions of the new Companies Act may trigger flight from boardrooms because careless behaviour could have catastrophic implications not only for the company, as seen in the collapse of Enron, Leisurenet and the like, but also for directors personally.

Since the promulgation of the Companies Act 2008 (the Act), there has been a lack of clarity regarding the effect of the reinstatement of a deregistered company in terms of the Act.