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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.

5 simple steps to starting a business in South Africa

Calling all entrepreneurs, this one is for you! You have this amazing idea, you know how to execute it, and you already have potential customers, so what is next? Below are five easy steps to starting a business in South Africa. Step 1: Registering your business with…

Provided By SchoemanLaw Inc

by Kavita Kooverjee

Removing a minority shareholder

The Companies Act 71 of 2008, as amended (“Companies Act”), provides for the protection of minority shareholders’ rights. Section 163 of the Companies Act allows for a minority shareholder to apply to a court for relief should he/she feel oppressed, unfairly prejudiced,…

Provided By SchoemanLaw Inc

by Raeesa Ebrahim Atkinson

The three-year deadline – When suspicion becomes the date, the clock starts ticking

Prescription is a legal principle in terms of which a debtor’s liability to pay an outstanding debt is extinguished after the passing of prescribed time...

by Nicolene Schoeman-Louw

Allen & Overy South Africa appoints leading corporate and commercial partners to head up new practice

Global law firm Allen and Overy (A&O) has appointed corporate and commercial partners Brian Price and Ze’ev Blieden in its Johannesburg office. This forms part...

by Allen & Overy

In South Africa, how long does an entire insolvency process take?

When reorganisation is converted to liquidation it usually takes approximately 2 years. In accordance with the provisions of the new Companies Act, business rescue proceedings...

by Fluxmans Attorneys

Guidance for South African franchisors and their advisers

In a typical franchise relationship, the franchisor provides its franchisees with the right to use its intellectual property, comprising: the right to use know-how and trade...

by Ian Jacobsberg

If we can have alternate directors, can we have directors by proxy?

The Companies Act, No 71 of 2008 (the Act) explicitly grants shareholders the right to appoint proxies to participate in, speak and vote at shareholders...

by Charles Ancer

alternate directors

The corporate veil explained

A company is a juristic entity with a legal identity that is separate from its members. This means that the company has the capacity to...

by SchoemanLaw Inc

Fluxmans Watch

Strict driving laws starting July 2022 The new Administrative Adjudication of Road Traffic Offences (Aarto) Act is expected to come into force in July 2022. Aarto...

by Fluxmans Attorneys

close corporation

Developments in corporate governance frameworks

The King IV Report on Corporate Governance™ in South Africa was published in 2016 and is the current South African applicable corporate governance code. It...

by Nicolene Schoeman-Louw

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