Company law

May the real shareholder please stand up!

On 1 April 2023, amendments to the Companies Act 71 of 2008 (the Companies Act) came into effect. One of the key amendments is in respect of s 56, which […]

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Do company policies have to be complied with?

Employers must make sure that when new policies are put into effect, they consult employees. To consult with employees is to say to them, for example, ‘I have intentions of […]

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Public and private bodies: What is the difference?

This article aims to advance the distinction and narrative between public and private bodies. These differences reiterate the distinction between not only the function of the bodies but also the […]

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When can a company successfully resist a winding-up application based on a counterclaim?

A well understood principle in South African common law; is that a creditor of a company is entitled to apply to court for an order to compel the winding-up of […]

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Who can and cannot represent companies in South African courts?

Investec Securities (Pty) Ltd v Corwil Investments Holdings (Pty) Ltd and Others (GJ) (unreported case no 2021/11126, 20-7-2022) (Wepener J) Perhaps it will be helpful to begin with the 1960s […]

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Public interest justification for mergers – the need for legal certainty in approach to s 12A(3)(e)

One of the cornerstones of the South African Constitution is the achievement of equality. The duty to achieve a South Africa (SA) for all, is widely recognised by laws and […]

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Can a winding-up application be brought under both the old and the new Companies Act?

  When one is not certain whether a company is solvent or insolvent, a difficulty will arise as to whether the application to wind-up the company is to be brought […]

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Finding the way to good governance for public benefit organisations

‘A public benefit organisation (PBO) is an organisation (whether voluntary association, trust, non-profit company, or local branch of a foreign tax-exempt charitable organisation) that does not work for profit and […]

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Holding shadow directors responsible: A UK legislative perspective

The definition of a ‘shadow director’ as well as its constituent elements and its application within factual scenarios has been the subject of extensive commentary and the number of high-profile […]

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Are you over the limit? South African law and blood alcohol content

Globally South Africa (SA) is rated as the sixth highest per capita consumer of alcohol. The Road Traffic Management Corporation (RTMC) State of Road Safety Report: Calendar January – December […]

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