Corporate law

A ‘without prejudice’ letter breathes new life into prescribed matter

By Herbert James David Robertson According to South African law, and more specifically in the case of ABSA Bank Ltd v Hammerle Group 2015 (5) SA 215 (SCA), one exception […]

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Possible consequences of the ‘failure’ of an adopted business rescue plan

By Zolani Buba The new Companies Act 71 of 2008 (the Companies Act) has introduced a regulatory regime aimed at providing an opportunity for companies struggling financially to obtain a […]

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Legal framework for acquisition by a company of its own shares

By Mlunghisi Duncan Tlemo A procedure for acquisition by a company of its own shares is primarily regulated by the provisions of ss 46 and 48 of the Companies Act […]

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Holding delinquent directors personally liable

By Emile Myburgh One of the fears expressed on the new Companies Act 71 of 2008 (the new Act), before it entered into force on 1 May 2011, was about […]

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Limiting the scope of the moratorium in business rescue: Ejectment of unlawful occupier of a leased property

By Ryan Smith Section 133 of the Companies Act 71 of 2008 (the Act) makes provision for a moratorium on legal proceedings and enforcement action against a company, or in […]

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CPR for companies failing to convene an annual general meeting: The Companies Tribunal

By Siyabonga Vusi Ntshangase The Companies Tribunal (the Tribunal) is established in terms of s 193 of the Companies Act 71 of 2008 (the Act) and has been in operation […]

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Retrospective corporate validity and the Companies Act 71 of 2008 –  legislative  intention or  oversight?

By Kershwyn Bassuday With the enactment of the Companies Act 71 of 2008 (the Act), there was a call for the courts and other bodies, such as the Companies and […]

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Instituting proceedings against a company under supervision

                            By Bouwer van Niekerk and Werner Hattingh Section 133(1)(b) of the Companies Act 71 of 2008 […]

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Exemption from unalterable provisions an underutilised procedure

By Paul Truter and Amy Jones In principle, every company is required to comply with all of the unalterable provisions of the Companies Act 71 of 2008 (the Act), except […]

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Are business rescue practitioners adequately regulated?

By Rezen Papaya Tremendous strides have been made towards the regulation of business rescue practitioners. The Companies and Intellectual Property Commission (CIPC) currently issues conditional licences to business rescue practitioners […]

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