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Requirements for providing guarantees – Financial assistance to companies

Simply put, a guarantee is a promise by one person to perform on behalf of another. It usually takes the form of an agreement to pay for, or effect performance of, certain obligations by the guarantor on behalf of a third party who is primarily liable for that payment …

Provided By Eversheds Sutherland

When can you be held personally liable within your company and how can this be brought about?

Introduction When a corporation is registered, an individualistic entity separate from that of its shareholders is created. This enables the corporation to function under its own name, as a juristic person. This separation is deemed ‘the corporate veil’. However,…

Provided By SchoemanLaw Inc

by Nicolene Schoeman-Louw

The Big Catch: They’ve resigned. Can they compete with my company?

So they’ve resigned – now what? Can the fiduciary duties as a director of a company extend post-resignation, and if so, to what extent? Are...

by Antonia Pereira and Yaniv Kleitman

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Dividend stripping provisions in updated tax bills

With the delivery of the Medium Term Budget Policy Statement on 30 October 2019, updated and amended draft tax bills have been released highlighting the...

by Natalie Napier

Piercing the corporate veil and your remedies

An important legal principle exists that few stakeholders consider or understand and allows for shareholders and directors who use the company structure to hide their...

by VDMA Attorneys

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

Could shareholders inadvertently cancel their Shareholders Agreement?

Following the judgment in De Freitas v Chamdor Meat Packers [2015] JOL 33940 (GJ), when a company proposes to its shareholders the adoption of a...

by Michael Peters

Private companies and the paradox of the private equity model in South African company law

Private companies in South Africa, in terms of s8(2) of the Companies Act, No 71 of 2008 (Companies Act), are (i) prohibited from offering their...

by Tessa Brewis and Elnalene Cornelius

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

Eversheds Sutherland advises the International Facilities Services Group

Eversheds Sutherland has advised the International Facilities Services (IFS) Group, together with its shareholders, in respect of the US$35 million investment by the Development Partners...

by Andrew Davidson

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