Commercial law

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Corporate Law South Africa: Legal new year resolutions – identifying risks and “plugging” the holes

Every year, as both individuals and in our businesses, we find ourselves making a list of things we need to address or do differently in the coming year. These “to-do’s” should be founded on the learnings from past-experiences. If nothing else, 2017 was a year of many learnings for many of us particularly in the […]

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shares

What makes you the owner of shares?

Often a company’s shareholding is not clear to a layman and even though you might be in possession of a share certificate, you might not necessarily be the valid owner of any shares. What a misconception to be held under. These types of situations arise especially in the BBBEE spectrum where someone is made to […]

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corporate governance

SME’s and Corporate Governance

Corporate governance is not something that many SME’s concern themselves with. For a long time now, it has been considered an issue for only larger organisations. The King IV code has changed this by making provision for principles that can be applied by SME’s as well. Sound corporate governance leads to healthy organisations and relates […]

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restraint of trade

Understanding Restraint of Trade Agreements

A Restraint of Trade agreement is included in the majority of employment contracts in South Africa, yet most parties only enquire about the enforceability of clause at the conclusion of the period of employment. It is of crucial that all parties have a full understanding of the clause and its potentially far-reaching implications. This presents […]

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insolvency

Insolvency enquiries relating to the examination of persons in winding-up proceedings in terms of Sections 417 and 418 of the old Companies Act 61 of 1973

Sections 417 and 418 of the Companies Act No. 61 of 1973 (hereinafter referred to as “the Old Act”) deal with the summoning and examination of persons to investigate the affairs of an insolvent company.  This is important as it provides protection for company’s creditors, by not leaving the entity a shell without any means […]

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