ArticleRemoving A Minority ShareholderThe Companies Act 71 of 2008, as amended ("Companies Act"), provides for the protection of minority shareholders' rights. South AfricaCorporate/Commercial LawSchoemanLaw Inc.
ArticleScramble For Talent For Professional Services As African Economy Heats UpWith Africa increasingly being perceived as a key market for companies looking for growth opportunities, local professional services firms are building capacity, recruiting key personnel and expanding their footprints in order to enable them to service existing and potential clients moving into the continentSouth AfricaCorporate/Commercial LawENS
ArticleSouth Africa's New Beneficial Ownership Requirements For CompaniesSouth Africa's Companies & Intellectual Property Commission announced the promulgation of the Companies Amendment Regulations 2023 on 25 May, which provide for the implementation...South AfricaCorporate/Commercial LawThe Sovereign Group
PodcastSteinhoff Saga: A Legal Analysis Of The Reserve Bank Notice And Order Of Forfeiture (Podcast)Regulation 22A of the Exchange Regulations plays a critical role. It permits the Treasury to attach assets linked to or suspected of being linked to contraventions of the regulations.South AfricaCorporate/Commercial LawFairbridges
ArticleSuccession Planning In Small And Medium Sized BusinessesOne 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...South AfricaCorporate/Commercial LawAndersen in South Africa
ArticleTax-Deferred Growth Through Corporate RolloversThis 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...South AfricaCorporate/Commercial LawBarnard Inc.
ArticleThe Importance Of A Good Shareholders AgreementWhen 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.South AfricaCorporate/Commercial LawSchoemanLaw Inc.
ArticleThe Importance Of Due DiligenceAmongst 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.South AfricaCorporate/Commercial LawSchoemanLaw Inc.
ArticleThe Pitfalls Of Standard Contracts: Check Your T's & C'sA contract can relate to anything from a lease to a simple retail account agreement. South AfricaCorporate/Commercial LawAbrahams & Gross Inc.
ArticleThe Use Of Electronic Signatures For E-CommerceOriginally, seals were affixed to documents as a means of authenticating the content within documents. South AfricaCorporate/Commercial LawSchoemanLaw Inc.
ArticleTongaat-Hulett's Suppliers Challenge 'Unsavoury' Business Rescue Actions – Legal ExplainerThe business rescue proceedings involving agriculture and agri-processing business, Tongaat Hulett have been reported on extensively...South AfricaCorporate/Commercial LawBarnard Inc.
ArticleUmuntu Ngumuntu Ngabantu… Except In The Law Of ContractJudge Brand, in the case of South African Forestry Co Ltd v York Timbers Ltd 2005 (3) SA 323 (SCA) stated that "… fairness and justice, like beauty, often lie in the eye of the beholder". South AfricaCorporate/Commercial LawCliffe Dekker Hofmeyr
ArticleUpholding Fiduciary Responsibilities: A Closer Look At Directors' Roles In Law FirmsIn a judgment recently delivered by South Africa's Supreme Court of Appeal, legal practitioners were reminded of several crucial points...South AfricaCorporate/Commercial LawENS
ArticleWarranties And Indemnities In Your Merger And Acquisition AgreementEnsuring that the appropriate due diligence and warranties disclosures have been duly completed, takes you that much closer to closing the deal. South AfricaCorporate/Commercial LawSchoemanLaw Inc.
ArticleWays In Which Businesses Can Approach The Uncertainty Of Different Majorities Required In Order To Amend A Business Rescue Plan (‘BRP), Or To Adjourn A Meeting Concerning A BRP: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. South AfricaCorporate/Commercial LawSchoemanLaw Inc.
ArticleWhen Contracts Hide A Third Party: Understanding The Undisclosed Principal RuleUnder our law of agency, an agent may represent its principal when concluding agreements with third parties, provided that the agent has authority to represent its principal.South AfricaCorporate/Commercial LawFairbridges
ArticleWhere Does A Company Reside And Why Does It Matter?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'.South AfricaCorporate/Commercial LawSchoemanLaw Inc.
ArticleWho Is Responsible For The Loss When Payment Details Are Hacked?Business e-mail compromise (BEC) remains one of the most common and costly forms of commercial fraud.South AfricaCorporate/Commercial LawBarnard Inc.
Article‘Fair Value' Can Be Fair Without Being Market ValueThe 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".South AfricaCorporate/Commercial LawBarnard Inc.