Tag Archivescommercial law
SMMEs

When can you be held personally liable within your company and how can this be brought about?

Introduction When a corporation is registered, an individualistic entity separate from that of its shareholders is created. This enables the corporation to function under its own name, as a juristic person. This separation is deemed ‘the corporate veil’. However, although incorporation can provide for the limitation of liability of those persons behind the company, this […]

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capacity

Directors’ Delinquency versus Probation

Introduction A significant innovation under the Companies Act 71 of 2008 as amended (the “Act”) is that it provides for a court application to declare a director delinquent or to have him/her placed under an order of probation. The Act confers locus standi on a broad range of persons to apply to court for such […]

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3D printing

ENAC: Can a party withhold their own performance where the other party has failed to perform?

Introduction It is a well-established principle in South African Law of contract that a party’s obligations are reciprocal, in the majority of contracts concluded. The question is, can a party refuse to perform their contractual obligations on the basis that the other party has not performed properly? To illustrate, by way of a simple example, […]

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mental health

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 […]

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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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