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Let’s get personal: The transferability of shareholder rights under a company’s constitutional documents

It’s a long-standing and well acknowledged principle in South African common law that parties to an agreement are generally free to cede and assign their...

by Anita Moolman and Andrew Giliam

Delinquent directors and the shareholder – Director conundrum

Introduction The Companies Act[1] contemplates two distinct sets of instances in which a person may be declared delinquent, alternatively placed under probation. The wording of section...

by Caitlin Wilde and Paul-Michael Keichel

Unincorporated joint ventures in South Africa – What you need to know

B-BBEE Requirements and Status All entities wishing to obtain a B-BBEE certificate are measured against some or all of the pillars under the Codes. The Codes measure compliance of verified entities in respect of five pillars, namely: Ownership; Management and …

Provided By Eversheds Sutherland

by Tyron Fourie and Grant Williams

Vendor financiers risk right to claim purchase price in the event of a default on payment

There are often instances where a person wishes to purchase shares in a company but does not have the capital to fund all or a...

by Quintin Honey and Antonia Pereira

South Africa’s first transfer pricing case?

Section 31 of the Income Tax Act, No 58 of 1962 (Act) contains South Africa’s transfer pricing provisions which constitutes one of the most contentious areas...

by Jerome Brink

Removing directors of a company

The Companies Act, 71 of 2008, requires that the business and affairs of any company be managed by or under the direction of its board,...

by Brian Kahn Inc Attorneys

National Treasury shows some flexibility on share buy-back rules (but not a lot)

The Taxation Laws Amendment Bill (TLAB), released on 25 October 2017, proposes measures intended to target certain share buy-back and dividend stripping arrangements. Exempt dividends...

by Joon Chong and Wesley Grimm

Proxy appointment – What shareholders and companies need to know

Background Under the 1973 Companies Act, a company was entitled to require a proxy to be lodged on or before a particular time, in order for that proxy to be valid. The rationale for this provision was to give sufficient time to enable the officer presiding at a meeting…

Provided By Eversheds Sutherland

by Lauren Kelso

How to remove directors during a deadlock

The board of directors of a company are responsible for managing the business and affairs of the company. However, disputes between directors and/or shareholders can...

by VDMA Attorneys

The South African King IV Report on Corporate Governance: Themes and variations

On 1 November 2016, the South African King IV Report on Corporate Governance (“King IV”) was published by the Institute of Directors in Southern Africa. Professor...

by Vanessa van Coppenhagen

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