Share buy-back transactions
Share buy-backs have become a very common mechanism for exiting an investment in a South African company since the introduction of dividends tax in April...
Commercial & Corporate Law
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.
Environmental legal compliance evaluations, an indispensable risk management tool
The awareness of environmental harms being inflicted by industry is continually growing due, firstly, to the ever increasing visual presence of pollution and, secondly, due...
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...
Does a change of the terms of a share constitute a new “Date Of Issue”?
In terms of section 8E of the South African Income Tax Act, 1962 (the “Act”), dividends received by or accrued to a person in respect...
Top ten risks for creditors of companies going into business rescue in 2017
Continued pressure on business and world economies appears to continue into 2017. In South Africa, 2016 has seen several companies going out of business and...
Review of the National Code Of Corporate Governance for Mauritius – What you need to know
First published in October 2003, the National Code of Corporate Governance for Mauritius (“the Code”) was revised in 2016 to align it with new laws...
Non-variable variation – Never say never?
In most jurisdictions non-variation clauses are commonplace in commercial contracts. They provide that any amendments parties wish to make must be reduced to writing. They...
The employee misconduct and investigation process
During an investigation, it is necessary to consider whether an employee has committed misconduct. In terms of South African law, this requires consideration of whether...
A case for the legal profession’s involvement in governance
Lawyers are expert technicians trained and knowledgeable in the law who, when coupled with their vast experience, offer wise counsel and the benefit of their...
Social impact bonds – An option to address Africa’s most pressing challenges
The number of foreign direct investments (FDI) projects into Africa increased by 6% in 2015, according to the FDI report 2016. Africa also recorded 156 more FDI...
by Bowmans
