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One of the most common themes that we see emerging from our discussions with owners of small and medium sized businesses is one relating to the question of succession planning. In many cases...

This article forms part of a series of articles exploring the corporate reorganisation rules under the South African Income Tax Act 58 of 1962 (the "ITA"). Each entry in this series will discuss...

When establishing a company, or even buying into an existing company, many individuals opt for a basic set of agreements. In particular, the company's Memorandum of Incorporation and the Shareholders Agreement.

Amongst growing labour and financial concerns, commercial enterprises are also faced with the added exertion of ensuring that they perform the necessary due diligence in respect of their transactions and the establishment of business relations.

A contract can relate to anything from a lease to a simple retail account agreement.

The business rescue proceedings involving agriculture and agri-processing business, Tongaat Hulett have been reported on extensively...

There is no direct indication in the Companies Act as to what majority is required to amend the BRP or to adjourn the meeting where the BRP was put to a vote.

The provision that the court has jurisdiction ‘over all persons residing or being in such area does not enlarge the jurisdiction endowed by the words 'causes arising'.

The Companies Act, Act 71 of 2008 (hereinafter the "Act"), allows for a "dissented shareholder" to demand that his shares be re-acquired by the company in which he holds them at "fair value".

The modern working environment has evolved into such a dynamic and diverse environment that the role of a manager has evolved to much more than just overseeing tasks and operations.

Herbert Smith Freehills' Africa practice continues to perform strongly in the 2024 edition of Chambers Global, with top tier rankings in the following Africa-wide categories...

The renewable energy industry is experiencing a monumental shift, and the landscape is changing at an unprecedented pace.

In the complex landscape of African mining, particularly in South Africa, the concept of sustainable development has long been a point of contention.

The green financing market is gaining traction in South Africa, says law firm ENSafrica natural resources and environment senior associate Mihlali Sitefane.

In today's socially-conscious world, businesses increasingly recognise the importance of Environmental, Social and Governance (ESG) factors in their decision-making processes. ESG factors encompass a range...

It is exciting for black partners to be taken into a business, but how will that invitation be funded? Empowerment transactions can, like any transaction, be financed by either looking to the company itself for cash or by sourcing finance from third party financiers or banks.

In December 2024, the Portfolio Committee on Planning Monitoring and Evaluation issued a call for the public to submit written comments on the National State Enterprises Bill (the "SOE Bill"), [B1-2024].