Introduction In order to explore the practical application of the piercing of the corporate veil, we need to unpack the nature of the surrounding environment – the company, first. A company can be described as a juristic person that enjoys a separate legal personality, from its members, that has been incorporated in terms of the […]
Registration and Administration of Companies
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What is business rescue?
Introduction As businesses frequently encounter more and more financial difficulties, business rescue has become an increasingly more frequent occurrence. However, it is essential to understand the nature of business rescue and the implications thereof. This article will attempt to give a brief and broad overview of business rescue. What is Business Rescue? Business rescue is […]
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 […]
South African Commercial law: Section 12J venture capital companies continued – Part 2
Last month we unpacked what it means to be a registered Section 12 J Venture Capital Company or VCC in terms of South African Commercial law. We also unpacked the benefits for both Investors and Investees. In summary qualifying Investors will invest in VCC’s in exchange for Venture Capital Shares and Investor Certificates. Investors can […]
Why every company needs a tailored Shareholders’ Agreement
A Shareholders’ Agreement is just that – an agreement between the shareholders of a company. This agreement is an invaluable resource for any business as it structures the relationship between the shareholders and provides the foundation for how they will interact with each other. A Shareholders’ Agreement is drafted in order to protect the interests/investments of all the shareholders of the […]
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Service of a letter of demand, does it interrupt prescription?
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Service of a letter of demand, does it interrupt prescription?
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The limits of “confidentiality” – with a specific focus on litigious proceedings
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What are Employees’ and Employers’ Rights and Obligations in terms of Sick Leave in South Africa?
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Restrains of trade: confidentiality and the protectable interest – key ingredients to effective enforcement
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The Role of Directors in the Age of Cybercrime