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The legal status of companies and the validity of company actions

Introduction The 2008 Companies Act brought about uncertainty – perhaps to be expected considering the significant changes that it introduced. While many provisions were identical to those of the 1973 legislation, others were quite foreign to our company law …

Provided By LexisNexis

Recent lessons in determining fair value – Share valuation can be a contentious issue, especially if the valuation is left to the courts

In negotiating the relationship between shareholders, it has always been important to consider a methodology to determine the value of shares. This issue has been the subject of two recent High Court judgments in the context of dissenting shareholders selling …

Provided By Eversheds Sutherland

by Andrew Davidson, Lara Jansen van Rensburg and Nicola Mullineux

Relaxation of South Africa’s exchange control regulations pertaining to IP transactions

The current Exchange Control Regulations place restrictive controls on the transfer of South African owned intellectual property (IP) to any persons or entities outside of...

by Kevin Dam

The effect of not accepting a board’s offer during the appraisal process

One of the most important statements that must be included in a notice to shareholders when a company proposes a fundamental transaction is the statement...

by Yaniv Kleitman

Section 164 Companies Act: A guide for navigating the treacherous terrain of s164 in the era of shareholder activism and opportunism

It’s no secret that 2018 was a difficult year for investors on the JSE. The JSE All-Share Index lost around 15% of its value during...

by Peter Hesseling and Dane Kruger