Tag Archivescompanies act

#COVID-19: How Darwin, A Pangolin, and A Virus have Impacted the Fiduciary Duties of Directors

Charles Darwin lived in an age of discovery and adventure. He was a well-known and adventurous epicure who, being a member of the ‘Glutton Club’, revelled in the joy of eating different types of animals, the more exotic the better. Darwin travelled the world on the good ship Beagle and weathered many storms in his […]

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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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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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Registering a Non-Profit Organisation in South Africa

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 […]

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Minority shareholders appraisal rights in South African commercial law

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 […]

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