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So far pietervdm has created 302 blog entries.

Confidentiality Agreements: A Bare Necessity

Confidentiality can be found in all facets of life, whether it’s Peter Andre, a famous pop star who will only date people who sign a confidentiality agreement or a company entering into a transaction involving sensitive valuable information that cannot be made known to the masses, and in all various aspects, the foundation of a [...]

Delivery – A General Note

The minimum transfer of ownership from the seller to the buyer is delivery of the item sold. Ownership will never be transferred to the buyer where delivery has not been affected, even if the buyer has already paid the purchase price. The right to use, enjoyment and disposal of the item is transferred to the [...]

Jason a Thought Leader in Corporate Law !!

Jason of our office has been invited to speak at a leading conference arranged by the Institute of Charted Secretaries. The fact that he was invited amongst very prominent industry heavy weights shows that Jason is already at the age of 28 widely recognized as an thought leader and industry expert in the field of [...]

Best Interest of the Company

Legal Question: The term “best interest of the Company” does that only refer to the shareholders of the Company as a collective group or does it include the other stakeholders such as employees, creditors and the community in which the Company operates? If the term “best interest of the Company” does include all stakeholders of [...]

Expert Determination, another form of Alternative Dispute Resolution

Expert determination is a procedure by which the parties to a dispute appoint an independent and neutral expert to determine the dispute in private. It is used as a confidential alternative to arbitration or civil proceedings and allows the disputing parties trade secrets and other sensitive information to be kept out of the public domain. [...]

Standard MOI Users Beware !

  Most legally savvy business owners (and hopefully all commercial attorneys) know better than to have the governance of a company subject to an out-of-the-box memorandum of incorporation (MOI), courtesy of the Companies and Intellectual Property Commission (CIPC). However, those with unmitigating faith in the ‘default’ position would do well to be mindful of its [...]

Announcement Dealmakers Results – First Half of 2013

We would like to take this opportunity to express our appreciation for your valued support and to proudly announce that we have just been ranked 3 rd for “Mergers and Acquisitions by deal flow” and 5 th for “Mergers and Acquisitions by deal value” in the whole of South Africa by “Dealmakers” in their latest [...]

Selling and Transferring Shares in terms of the Companies Act, 2008

The purpose of this article is targeted at persons purchasing shares in a private company and which private company has elected to evidence its shares by means of share certificates. When buying shares in a private company, one must be particularly careful to ensure that ownership of the shares is properly acquired before parting with [...]

Suppliers, Be Aware of Your Implied Warranty

The term "warranty" is an importation from English law terminology and generally refers to a term of a contract as opposed to a mere puff or representation. A warranty is a term whereby a party assumes contractual liability for the existence of a certain state of affairs or the occurrence of an event. It can [...]

Delinquent Directors – the first reported decision in which a person has been declared a delinquent director

The Companies Act 71of 2008 provides for a court application to declare a director delinquent or have him placed under an order of probation, specifically section 162. The Act allows the following ‘persons’ to make such application: a company, a shareholder, director, company secretary, prescribed officer, a registered trade union representing employees of the company [...]

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