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