Commercial law

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capacity

Key proposed amendments to the Companies Act

The South African Companies Amendment Bill (“the Bill”) was published on 21 September 2018. This marks the first amendments to the Companies Act No 71 of 2008 (“Companies Act”), since it came into effect. Some of the proposed amendments will soften difficult regulatory requirements and strengthen checks and balances. 1.    Amendments to Memorandum of Incorporation […]

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Contracts

Contracts: Key differences between options, preferences and rights of pre-emption

Introduction Common contractual clauses include those of Options, Preferences or Rights of Pre-Emptions. These are particularly common in contracts of sale as well as contracts of lease in some cases. While all these instruments have the effect of benefiting one of the parties to a contract, there are a number of key differences. All of […]

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SMMEs

The Small Enterprises Ombud Service Bill and How It Could Help SMMES

Introduction In May 2018 comments were officially received in response to the notification that Shadow Minister of Small Business Development, Mr. Roger William Chance, intends to introduce the Small Enterprises Ombud Service Bill (herein after ‘the Bill’).  The Bill, which has since been tabled before the National Assembly, seeks to address the need for Small, […]

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evidence

Voluntary Associations and Non-Profit Companies-what are the differences?

Introduction What is the difference between a Non-Profit Company and a Voluntary Association? This article will explore what is formally required for both, and when may  one be more suitable than the other. While both are not for profit entities, and at face value may appear extremely similar, there are several key distinctions. Overview Section […]

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legalisation, authentication and apostillisation

The Turquand Rule – Applicable when contracting with Government?

Introduction   The Turquand rule originates from  Royal British Bank v Turquand (1856) 6 E&B 327. It is a UK Company Law Case that determined that people transacting with Companies are entitled to assume that Internal Company Rules are complied with, even when they are not.   The question is though – does this apply […]

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