Commission signs consent agreement with Unilever
The Competition Commission (Commission) has reached a settlement agreement with Unilever South Africa (Pty) Ltd (Unilever). The agreement settles a possible market division case against...
Tag: Sale of Business
Slamming the shams: Section 197 transfers as a going concern
When a transfer of a business as a going concern takes place, the provisions of section 197 of the Labour Relations Act 66 of 1995 (“LRA”) apply. Section 197 of the LRA acts, among other things, as a mechanism to ensure that individuals do not lose their jobs when the business…
Provided By Eversheds Sutherland
What is the effect of a restraint of trade clause when a business is sold?
A client asked if she is bound by the restraint of trade undertaking contained in her employment contract when her employer sold the business as...
Selling your company or business? Make sure you have complied with your carbon tax obligations
An important consideration when entering into a transaction to sell a company or business, is whether it has complied with applicable laws and regulatory requirements.
Carbon tax is a relatively new tax, levied in terms of the Carbon Tax Act No 15 of 2019 (“Carbon …
Provided By Eversheds Sutherland
The difference between a sale of shares and a sale of business
Introduction
It is common in legal corporate and commercial practice for a client to seek advice on the sale or purchase of what may generically be...
Warranties in sale agreements – Can you be held accountable years later?
Warranties and indemnities are mechanisms to enforce trust between contracting parties and ensure that parties to a contract do what they say they will. Or...
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...
Warranties and indemnities in your merger and acquisition agreement
Ensuring that the appropriate due diligence and warranties disclosures have been duly completed, takes you that much closer to closing the deal. The warranties by...
So, you want to sell your business?
A large part of my practice over the nearly 30 years has comprised what us lawyers refer to as “transactional work” or “M&A”. Fancy sounding...
Legal implications of retrenchments in light of the sale of a business
Employees are often faced with the fear of retrenchment when a company is being sold or when a company embarks on a restructuring exercise. The...
