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Commercial & Corporate Law

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Legislation

Latest Commercial & Corporate Law Insights

This topic incorporates news and insights which examine business relationships, commercial projects and trade from a legal perspective. Corporate actions and disputes are analysed with regards to legislation and policies which effect local and and foreign businesses.

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

Direct marketing – The way forward

Direct marketing is big business. It is frequently used by businesses as a marketing tool. Many businesses undertake research about prospective customers by accessing information...

by Justine Krige

Extinctive Prescription – Second edition

About this publication: This second edition of Extinctive Prescription aims to reflect the law as developed by judgments and statutory changes over a period of more...

by Juta

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 latest proposed amendments to the relevant tax acts. The amended bills contain the legislative changes that …

Provided By Eversheds Sutherland

by Natalie Napier

Intellectual Property valuations as an aid and an add-on to accounting valuations

Clients often enquire about the necessity of an intellectual property (IP) valuation as opposed to a standard accounting valuation. An IP valuation, unlike an accounting...

by Sonica Wilken and Derek Momberg

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

Walking the tightrope – Guidelines for defining your malus and clawback policy

There is a growing trend in South Africa towards businesses adopting malus and clawback policies in relation to their variable pay structures and employee incentive...

by Anita Moolman and Andrew Giliam

Eversheds Sutherland welcomes three new associates

We would like to welcome three new associates who have joined the Durban team in South Africa. Ishara McKenna has joined our commercial team. She holds...

by Ishara McKenna, Siseko Mgunculu and Lerosha Naidoo

An alternative purchase price mechanism for M&A transactions

This article examines an alternative to the two predominant purchase price mechanisms used in M&A transactions in South Africa. When applied correctly, it leads to...

by Alistair Goble

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