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...
by webmaster | Apr 8, 2024 | Just News
Introduction In the context of South African company law, a memorandum of incorporation (MOI) and a shareholders agreement (SHA) are similar documents in that both seek to govern the manner in which a company is run, albeit with subtle differences.[1] In terms of the...
