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The “bad apple” director… How to step back in line or say your goodbyes

Unfortunately, the “bad apple” director is not as fictitious as many companies would like to think. Let me clarify… A director who fails to comply with certain standards, or fails to honour certain agreements, has deviated from what is reasonably expected and therefore…

Provided By SchoemanLaw Inc

by Nicolene Schoeman-Louw

The Companies Amendment Bill, 2021 for public comment

The Companies Amendment Bill, 2021 (“the Bill”) was published for public comment on the 1st of October 2021, by the Minister of Trade, Industry, and Competition and seeks to amend the Companies Act, 71 of 2008 (“Companies Act”) in several…

Provided By Eversheds Sutherland

by Greg Shapiro

Share buybacks – The latest the do’s and don’ts

Section 48 of the Companies Act 71 of 2008 as amended (the “Companies Act” or the “Act”) makes provision for the reacquisition by a company...

by Nicolene Schoeman-Louw

Good news and not so good news for companies undertaking share buybacks

Section 48 of the Companies Act 71 of 2008 (Companies Act) makes provision for the reacquisition by a company of its shares. Section 48(8)(b) provides...

by Murendeni Mashige and Yaniv Kleitman

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...

by Gabriella Keeble

Is my transaction subject to the takeover regulations?

Securities in companies are transferred daily, including transfers of shares in so-called “shelf companies”. When parties enter into a transaction, it is important to be...

by Pieta Strauss

Drafting Sale of Immovable Property Agreements – Part 1

Important considerations This article is the second article in a series of articles on the drafting of agreements relating to immovable property. The first article –...

by DocNinja

Drafting of share buyback agreements – Important considerations

In this article, we have a high-level look at some of the important aspects that must be kept in mind when drafting a Share Buyback...

by DocNinja

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

Deal or no deal? Nine questions to ask when doing an M&A deal

In South Africa’s highly regulated corporate environment, anyone wanting to implement a transaction will have to keep their wits about them in making sure that...

by Etta Chang and Roxanne Bain

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