ArticleMonthly Stock Exchange Report (June 1998)South AfricaAntitrust/Competition LawJSE Securities Exchange South Africa
ArticleCoronavirus | Electronic Signatures And Electronic MeetingsNow that South Africa is under lockdown for the next 21 days, as part of an organisation's business continuity efforts, businesses will, to the extent possible, continue to run remotely. Two common legal issues that arise...South AfricaCoronavirus (COVID-19)ENS
ArticleDevelopments In Corporate Governance FrameworksThe King IV Report on Corporate Governance" in South Africa1 was published in 2016 and is the current South African applicable corporate governance code.South AfricaCorporate/Commercial LawSchoemanLaw Inc.
ArticleDissecting The Financial Assistance Prohibition And The Impact Of The Proposed Amendment To Section 45 Of The Companies ActThe Companies Act, No. 71 of 2008 came into effect on 1 May 2011 (the Companies Act). The Companies Amendment Bill was published for comment on 21 September 2018 South AfricaCorporate/Commercial LawDentons
ArticleHow Is A Surety's Right Of Recourse Affected By The Business Rescue Of The Principal Debtor?With the introduction of business rescue in terms of Chapter 6 of the Companies Act No. 71 of 2008, one of the areas of contention has been its affect on the suretyships of the company in...South AfricaCorporate/Commercial LawBentley Attorneys
ArticleLocking In Certainty: Why Sophisticated Creditors Prefer Guarantees Over SuretyshipsCredit heads and in-house counsel often default to "surety/guarantee" language in facility letters, assuming the two offer equal comfort.South AfricaCorporate/Commercial LawBarnard Inc.
ArticleMoratorium:Impossible – High Court Keeps The Business-Rescue Shield IntactWhen a disgruntled 33 percent shareholder asked the High Court to pierce the statutory "force field"...South AfricaCorporate/Commercial LawBarnard Inc.
ArticleNew Cases: Is a Forex Dealer Trading Inside or Outside South Africa?The mass of recent tax legislation and the increasing complexity of business have meant that not many tax cases reported in the past few years have involved a simple enquiry to be dealt with by means of old established precedent from the courts. The recently reported <B><U>ITC 1779 66 SATC 353</B></U> is, however, such a case.South AfricaCorporate/Commercial LawNorton Rose Fulbright South Africa
ArticlePredicting Patterns: How Do Consumer Market Trends Influence M&A Activity?Consumer spending and consumption patterns are constantly evolving in response to several interrelated factors determined or influenced by political, social, economic...South AfricaCorporate/Commercial LawNorton Rose Fulbright
ArticleRevision Of The BEE Codes - Revision Of AttitudeThe Broad-Based Black Economic Act and its Codes, gazetted in 2007, are said to have achieved a measure of success.South AfricaCorporate/Commercial LawKPMG, South Africa
ArticleSection 347(5) Of The Companies Act, 1973 Prohibits A Court From Granting A Winding Up Order If Another Court Has Already Granted A Provisional Winding Up OrderIn a recent judgment, the Supreme Court of Appeal ("SCA") considered whether an appellate court can grant a final winding-up order in a proceeding against a company...South AfricaCorporate/Commercial LawENS
ArticleSuspension Of Contractual Obligations And The Moratorium In South African Business RescueThe South African Companies Act, 2008 (the Companies Act) provides a statutory financial restructuring mechanism that a financially distressed...South AfricaCorporate/Commercial LawNorton Rose Fulbright
ArticleThe Business Rescue Practitioner: Captain Of The Sinking ShipIt is imperative that companies in financial distress prioritise their continued existence and consider business rescue as an alternative to liquidation. South AfricaCorporate/Commercial LawClyde & Co
ArticleThe Delay Of Prescription In Claims Between Close Corporations And Its MembersThe laws of prescription in South Africa are governed by the Prescription Act of 1969 ("the Prescription Act"), which delineates various time limits within...South AfricaCorporate/Commercial LawENS
ArticleThe Strengths And Weaknesses Of The New Companies Act As Regards Pre-Incorporation ContractsA company comes into existence as a legal entity with effect from the date recorded in what the old Companies Act of 1973 called the certificate of incorporation and what the new Companies Act of 2008 calls the company’s registration certificate. South AfricaCorporate/Commercial LawRoodt Inc
ArticleWhat Developers And Body Corporates Need To Know About The Sectional Titles Amendment ActThe new Sectional Titles Amendment Act No. 13 of 2022 ("the Act") incorporating regulations that govern property has been signed into law by our President and was published in the Government Gazette...South AfricaCorporate/Commercial LawBarnard Inc.
ArticleLabour Court Hands Down New Judgment On Business RescueThe South African Airways ("SAA") saga continues, with another Labour Court judgment handed down on 8 February 2021.South AfricaEmployment and HRENS
ArticleAfrica Regulatory ENSightApproves a new regime on the entry, exit, and staying of foreign citizens in Angola; andSouth AfricaGovernment, Public SectorENS
ArticleFrom Company Name To Commercial Asset: Where Trade Marks Fit Into A Startup’s Growth JourneyOne of the first decisions any founder makes is what to call their business. The name may start as a practical step in getting the company registered, but over time it can become something much more valuable. South AfricaIntellectual PropertyBarnard Inc.