Tag Archivescompany 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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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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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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tax compliance status

Share Buy-Backs and Waiver

Investing in a private company is a personal decision contingent on sometimes, many personal factors. That being on the one side and on the other, the Company’s right to buy back shares. Companies are in terms of the Companies Act 71 of 2008, as amended (hereinafter referred to as “the Act”) – allowed to buy-back […]

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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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