One of the most important goals of conducting a business is safeguarding your assets and investments from creditors and other risks. Business owners and prospective investors need to make informed decisions when finally deciding on the vehicle of their new entity or for the investment of their assets. The question that most frequently arises is what [...]
As an alternative to instituting action in a court of law, a person who would be entitled to apply for relief or file a complaint in terms of the Companies Act 71, of 2008 (“the Companies Act”), may refer a matter that could be the subject of such an application or complaint for resolution by [...]
It feels awkward an insignificant to write this article about ourselves during the same time as we are mourning about Madiba’s passing. I would like to start off by saying that Van Der Merwe Attorneys could not be more grateful and appreciative for our clients’ support and trust throughout this past year. 2013 has [...]
Click on this link regarding a publication by us in the Without Prejudice magazine, December edition: Contract - The Key To Efficient POPI Compliance
Signed on the 17th November 2008, the Mineral and Petroleum Resources Royalties Act (“the Act”) seeks to give effect to the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”), namely Section 3 which states inter alia: “As the custodian of the nation’s mineral and petroleum resources, the State, acting through the Minister may, [...]
Hypothetical scenario: A company’s board of directors consists of three directors. Two of the three directors are the sole shareholders of the company. The two directors which are shareholders wish to declare and pay a distribution (a dividend). The third director which is not a shareholder does not believe that the company has sufficient finds [...]
In the corporate world, agreements and contracts are just some of the most common documents being signed and reviewed by one or more companies. Regardless if it’s a merger or acquisition, or any other legal move, agreements are necessarily important. However, some companies are left with nothing but lawsuits and legal complaints simply because [...]
The Companies Act has introduced a new form of statutory merger which exists in addition to, and not in substitution for, the pre-existing methods used by companies wanting to effect business combinations, namely the sale of the business of the company as a going concern and a takeover offer with compulsory acquisition of the securities [...]
We flew to Atlanta, Georgia (16 hours) and then to San Francisco, California (a further 5 hours). California’s “legal” population is 38 million, which is comparable with South Africa’s population of around 50 million – with the difference that California is the 12th biggest economy in the world. It is well known [...]
Myself and my colleague Lionel Andrews are off to San Francisco to attend a meeting of members of SCG Legal for 2 days. We were approved as a member of SCG Legal during the beginning of July 2013. SCG Legal is an association of Leading Law Firms in the world. In this short period [...]