by webmaster | Apr 29, 2024 | Just News
In terms of prevailing legislation, a suretyship agreement must be concluded in writing and signed (in manuscript), alternatively using an advanced electronic signature (as contemplated in section 13 of the Electronic Communications and Transactions Act 25 of 2002...
by webmaster | Apr 8, 2024 | Just News
1. Introduction The importance of complying with the financial assistance provisions contained in section 44 and section 45 of the Companies Act 71 of 2008 (“Companies Act”) cannot be overstated. The failure to do so has the potential to render transactions void,...
by webmaster | Apr 8, 2024 | Just News
The consequences of failing to comply with the relevant provisions of the Companies Act 71 of 2008 necessary to prove your shareholding and some possible remedies INTRODUCTION The mere holding of a share certificate does not guarantee that you are a shareholder of a...
by webmaster | Apr 8, 2024 | Just News
Insolvency proceedings will always be to the benefit of the creditors. When companies are liquidated or private persons are sequestrated, the property of the insolvent vests in the trustee or liquidator to fairly distribute the assets among creditors.[i] However, the...
by webmaster | Apr 8, 2024 | Just News
Interpreting contracts in South Africa has been no easy feat for our courts. When adjudicating not only do they have to consider legislation and public policy, but they also have to bear in mind that the law needs to be developed without overstepping boundaries and...
by webmaster | Apr 8, 2024 | Just News
Introduction It is common in legal corporate and commercial practice for a client to seek advice on the sale or purchase of what may generically be referred to as a “business”. To a layman client the concept may appear simple – “Mrs. X owns “Brilliant Grocers”, a...