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ARTICLE · 08 FEBRUARY 2021

Pre-Incorporation Contracts Explained

Many have found themselves unemployed as a result of the spread and effects of the COVID-19 virus.

South AfricaCorporate/Commercial Law

Many have found themselves unemployed as a result of the spread and effects of the COVID-19 virus. While some have chosen to search for alternate employment, others have chosen to see their circumstances as an opportune time to take the leap of starting their own business. As we see an increase in self-employment ventures in various forms, it might be that entrepreneurs find themselves needing to contract with third parties on behalf of their soon to be registered business. In these instances, it would be essential for one to educated on the use of pre-incorporation contracts (hereinafter referred to as "PIC").

Forms of PICs

There currently exists two forms of the PIC. One would be in terms of legislation, namely Section 21 of the Companies Act 71 of 2008 (hereinafter referred to as "the Act") and the other in terms of the common law stipulatio alteri principle. Although similar as they both refer to contracts entered into on behalf of a company yet to be

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