Practical Interpretation & Application of the Companies Act
This seminar offers a bird’s eye view of key decisions that have shaped the interpretation and application of the Companies Act of 2008, which has...
Tag: Companies Act
Piercing the corporate veil
In Department of Agriculture, Forestry and Fisheries and Another v B Xulu and Partners Incorporated and Others [2022] 1 All SA 434 (WCC), the first respondent (BXI) was a firm of attorneys, whose principal member was the fifth respondent (BX). Protracted litigation…
Provided By LexisNexis
Removing a minority shareholder
The Companies Act 71 of 2008, as amended (“Companies Act”), provides for the protection of minority shareholders’ rights. Section 163 of the Companies Act allows for a minority shareholder to apply to a court for relief should he/she feel oppressed, unfairly prejudiced,…
Provided By SchoemanLaw Inc
In South Africa, how long does an entire insolvency process take?
When reorganisation is converted to liquidation it usually takes approximately 2 years. In accordance with the provisions of the new Companies Act, business rescue proceedings...
If we can have alternate directors, can we have directors by proxy?
The Companies Act, No 71 of 2008 (the Act) explicitly grants shareholders the right to appoint proxies to participate in, speak and vote at shareholders...
Maintaining compliance with the Protection of Personal Information Act (POPIA)
If you have been following the article series, and have determined that you are the responsible party in terms of the first condition of POPIA,...
Common law derivative action survives for close corporations despite Companies Act
In the recent decision in Naidoo and Another v The Dube Tradeport Corporation and Others the Supreme Court of Appeal yet again had cause to...
Ethics to the rescue (Part 2)
As discussed in the first article on Ethics to the Rescue, the ethical duties and responsibilities are further unpacked in this article.
We continue to explore...
To fee or not to fee – That is the question
After the two Diener N.O. judgments and the Mazars judgment, the judgment of the full court in the appeal of Werner Cawood N.O. and Cloete...
Ethics to the rescue (Part 1) – Business rescue practitioners
A high level analysis of business rescue practitioners’ duties and responsibilities in business rescue and beyond
Given the importance of the functions and duties of business...
