Tag Archivescompany law cape town

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 […]

Read full story
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 […]

Read full story

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 […]

Read full story