Tag Archivessouth african company law
taxation

South African Company law: non-executive director – is your house in order?

In terms of South African Company law, for many companies, having a board of directors means having both executive and non-executive directors that serve on it. An executive director is also an employee of the company and therefore, can be described as more operationally involved or involved on a more permanent basis with the day-to-day […]

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South African Company law: what is your business or share therein really worth?

From the perspective of being a shareholder in a private company, the shareholders share in the profits of the Company, whilst directors manage the day to day business thereof. It is also commonly accepted that shares (or shareholding in a company) represent the investment made by the shareholder and that similar to earning interest on […]

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South African Company Law – Guarantees, undertakings sureties and business rescue

Business rescue proceedings is a new concept introduced to South African company law by Chapter 6 of the Companies Act 71 of 2008, as amended.   Guarantees and undertakings on the other hand, are a well-known concept in South African law, including common law.   It then follows, what is the distinction between a guarantee […]

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Back to the basics in South African Corporate law, do I register a business entity, or not?

In terms of South African corporate law compliance, I often face questions whether it is good or bad; or really necessary to register a business i.e. a business entity (such as a private company) from the inception of the business. This, in my view, for many reasons including the fact that the registration of close […]

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How necessary is it for SME’s to have a company secretary in terms of South African Company law?

Like other jurisdictions South African company law has created the office of the company secretary. Although, the Companies Act 71 of 2008 does not dictate in which companies a company secretary should be appointed, it is commonly viewed as only being relevant or required in large organisations. This is not true.   Thus, in order […]

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