Tag Archivesshareholders agreements
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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Proxy Representation – The Supreme Court of Appeal’s interpretation of Section 58(1) and 58(3)(C) of the Companies Act, 71 of 2008

As most practitioners are aware, especially those who deal with the drafting of Shareholders Agreements or even Memoranda of Incorporation, we usually insert quite a lengthy clause dealing specifically with proxies, their appointment, their right to vote, etc. I don’t believe many practitioners (be it attorneys, auditors, or advisors) have ever given much thought to […]

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Shareholder Exit Stratergies

Often when the personal circumstances of the owners or shareholders of a company change drastically, the arrangement(s) in relation to the ownership running of the business/company need to change as well. This in the best interests of the company’s continuity.

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The future of shareholders agreements under the new Companies Act

Under the previous Companies Act of 1973, shareholders agreements (and share sale agreements) played a very important role and proved to be a powerful business tool in negotiations between shareholders and with investors. They were also vital for the general growth and management of a company. In many instances, these agreements determined important issues such […]

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