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  • Article

    Corporate M&A 2024

    Although the M&A market in South Africa (SA) has picked up to pre-COVID levels, there has been a decrease in M&A activity in 2023. In the period from January to September 2023...
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    PE Firms Will Soon Be Looking To Invest: Is Your Business Ready?

    Amid a sluggish global economy left in the wake of COVID-19, mergers and acquisitions (M&A) may be an important catalyst to help kick-start the economy.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

Rights Of Minority Shareholders In Terms Of The South African Company Laws

The directors of a company are tasked with the control and management of the day-to-day operations of a company. Shareholders own the company through the shares which they hold.
South AfricaCorporate/Commercial Law
Adams & Adams
Adams & Adams
  • Article

    The South African Position On Parallel Importing

    South AfricaCorporate/Commercial Law
    Spoor & Fisher
    Spoor & Fisher
  • Article

    The Constitutional Court And Equality: `Everyone is equal before the law and has the right to equal protection and benefit of the law'

    South AfricaEmployment and HR
    Webber Wentzel
    Webber Wentzel
  • Article

    The Game Changer: This Is Why You Should Register Your Business Trading Name As A Trade Mark …Asap!

    What is a registered company name?...
    South AfricaIntellectual Property
    KISCH IP
    KISCH IP
  • Article

    In Search Of Clarity: Navigating The New Terrain Of Appeals In South Africa

    Recent developments in South Africa's legal landscape have led to confusion surrounding the grounds for appeals to the Supreme Court of Appeal ("SCA").
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    When "Served" Isn't Served

    Getting a summons issued is only half the battle in a debt recovery or enforcement matter. The other half is making sure the defendant is properly served...
    South AfricaLitigation, Mediation & Arbitration
    Fairbridges
    Fairbridges
  • Article

    Tax Court Applies The GAAR To Dividend Stripping: Companies AF (Pty) Ltd And Others v C:SARS

    The Tax Court in Cape Town has ruled on a dividend stripping arrangement used in the sale of a self-storage business, applying South Africa's general anti-avoidance rules to a structure where shareholders attempted to convert taxable capital gains into exempt intercompany dividends. Following the Constitutional Court's recent decision in Absa Bank Ltd v SARS, the Court examined whether a pre-acquisition dividend funded by the purchaser's subscription served any purpose beyond tax avoidance, and whether the
    South AfricaTax
    ENS
    ENS
  • Article

    Amendments To The Companies Act Brought Into Force On 27 December 2024

    By way of a notice in the Government Gazette of 27 December 2024 the President caused certain sections of the Companies Amendment Act (Act No. 16 of 2024)...
    South AfricaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    AN UPDATE ON THE GREAT MERGER UPGRADE: The DTIC’s Amendments To Merger Thresholds And Filing Fees

    In the first revision since 2017, Minister of Trade, Industry and Competition, Parks Tau, has gazetted amendments to the merger notification thresholds and filing fees effective from 1 May 2026. The amendments, published on 8 May 2026, confirm the previously proposed draft thresholds and filing fees.
    South AfricaCorporate/Commercial Law
    Adams & Adams
    Adams & Adams
  • Article

    CIPC Mandatory Compliance Checklist

    Section 33(1) of the Companies Act 71 of 2008 (as amended) ("Companies Act"), states that every company must file an Annual Return. The Companies and Intellectual Property Commission's...
    South AfricaCorporate/Commercial Law
    KISCH IP
    KISCH IP
  • Article

    Corporate M&A 2022

    The M&A market in South Africa (SA) has picked up to pre-COVID levels (with a number of deals announced in the last quarter); however, the country's stagnant economy and political uncertainty...
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Films And Publications Amendment Regulations, 2022

    On 25 August 2022, the Minister of Communications and Digital Technologies published the Films and Publications Amendment Regulations, 2022, ("Regulations") which came into effect on 2 September 2022.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Material Adverse Change Clauses: Do They Hold Any Water?

    Material Adverse Change clauses are designed to protect buyers against events with negative impacts on acquisition targets in the period between signing and closing agreements.
    South AfricaCorporate/Commercial Law
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    SARS’ Powers To Apply To Court To Declare A Director Delinquent In Terms Of The Companies Act

    The Companies Act introduced a new mechanism which allows a broad range of persons to apply to court for an order declaring a director of a company delinquent.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    The Companies Act Amendments Have Raised The Stakes For Boards

    The Companies Amendment Act, 2024 has fundamentally altered executive remuneration governance in South Africa, transforming shareholder votes from advisory to binding and imposing strict disclosure requirements on public and state-owned companies.
    South AfricaCorporate/Commercial Law
    Andersen in South Africa
    Andersen in South Africa
  • Article

    What Is Meant By An Offer To The Public In The Companies Act 71 0f 2008

    A private company is famously distinguished from a public company on account of the fact that its memorandum of incorporation must prohibit it from offering its securities to members of the public.
    South AfricaCorporate/Commercial Law
    Cox Attorneys
    Cox Attorneys
  • Article

    When Tax Structuring Stops Being About Tax

    The Constitutional Court's decision in Absa Bank Ltd v SARS marks a pivotal shift in how South African courts approach tax avoidance structures, moving beyond technical compliance to examine the true commercial substance of transactions. This judgment signals a broader regulatory trend where authorities increasingly look through carefully engineered corporate structures to ask what was really happening, challenging the long-held assumption that technical legal compliance provides immunity from scrutiny.
    South AfricaCorporate/Commercial Law
    Andersen in South Africa
    Andersen in South Africa
  • Article

    Labour Obligations Arising In Terms Of The Companies Act, 71 Of 2008

    South African company law and labour law sometimes have an overlap that organisations may not be aware of.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
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