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3D printing

Piercing the Corporate Veil – What is it and when can it happen?

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 […]

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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

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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How does the Companies Act affect the common law principle of piercing the corporate veil?

Traditionally, the common law notion of piercing the corporate veil is applied when the interests or creditors must be balanced with the right and duty of the company’s directors and officers to run the business in the best interests of its shareholders. When the veil of incorporation is pierced or lifted, the court acts to […]

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