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 […]
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 […]
The process of registering as a Non-Profit Organisation (“NPO”) can prove challenging. The purpose of this article is to create awareness regarding the frustrations and challenges faced when registering a Non-Profit Organisation in South Africa. The most prevalent challenges are the slow turnaround time and applications being misplaced or even lost. There are however, I […]
In South African commercial law the Companies Act, Act 71 of 2008 (hereafter “the Act”), provides various remedies for the protection of minority shareholders. This article will focus on one such remedy provided in section 164 of the Act, being the dissenting shareholder’s appraisal right. In short section 164 allows a dissenting shareholder to elect […]
Businesses may fail because they fail to limit foreseeable risk and because their ideas are not structured optimally. The three elements below are some of the key considerations in doing business in a responsible and sustainable manner. Entrepreneur Marlon Parker shares his practical insights.
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