About pietervdm

This author has not yet filled in any details.
So far pietervdm has created 284 blog entries.

Praque 2017

Pieter van der Merwe of VDMA Attorneys addressing an international audience on South Africa’s M&A landscape held in Praque on 02 June 2017                    

MICROINSURANCE – IS IT A GAME CHANGER?

What is microinsurance? And how does it differ from regular insurance which has existed, in various different forms, for thousands of years?  Microinsurance can be described as the protection of low-income people against specific perils in exchange for regular premium payments proportionate to the likelihood and cost of the risk involved.  It is generally intended [...]

THE VALIDITY OF PRE-INCORPORATION CONTRACTS

Whilst it is a generally accepted principle that a company does not exist as a legal entity until such time that it has been incorporated, for all intents and purposes however, prior to incorporation someone will be required to act on behalf of the company. In order for the process of incorporation to be completed [...]

THE REQUIREMENTS TO DISPOSE OF AN ENTERPRISE AS A GOING CONCERN

Section 11(1)(e)(i) of the Value Added Tax Act, No. 89 of 1991 (“VAT Act”) imposes that the following 3 (three) peremptory requirements must be satisfied in order for an enterprise to be disposed of as a going concern – the supplier and the recipient must, at the time of the conclusion of the agreement for [...]

THE BENEFITS OF MERGERS AND ACQUITIONS INSURANCE

Once viewed as a novelty, mergers and acquisitions (“M&A”) insurance, also commonly referred to as representations and warranties insurance, is increasingly becoming a valuable and popular tool that can help deals and transactions progress more smoothly. M&A insurance offers both buyers and sellers a solution which is designed to cover breaches in representations and warranties [...]

CAN A COMPANY BE COMPELLED TO SPILL OPEN ITS SECURITY REGISTER TO THE GENERAL PUBLIC?

Section 26(2) of the Companies Act No. 71 of 2008 (“Companies Act”) provides the general public with a limited right of access to a company’s records. This section in particular allows persons who do not have a beneficial interest in a company to inspect or copy the securities register of the company upon the payment [...]

HOW TO REMOVE DIRECTORS DURING A DEADLOCK

The board of directors of a company are responsible for managing the business and affairs of the company. However, disputes between directors and/or shareholders can lead to a deadlock on board and/or shareholder level. This can frustrate the board’s ability to effectively manage the business and affairs of the company. This article will briefly set [...]

Shareholders’ vote on Executive Remuneration

Executive remuneration continues to come under intense scrutiny from all levels and whilst large listed companies tend to exercise more restraint when considering the pay levels of their CEOs and executive committee members, the subject of executive’s remuneration remains a contentious one. The Companies Act 2008 (“Companies Act”) contains numerous provisions relating to executive remuneration, [...]

WILL YOU GO OUT GUNS BLAZING?

Most business alliances start off with optimism for a successful business relationship. But, what happens when two or more partners find themselves in a dead lock position and are no longer willing or capable of continuing with the business relationship? Conflicts over material decisions can be crippling for the success of a business. It is [...]

More red tape when purchasing a Shelf Company

Persons often make use of shelf companies when starting a new business or restructuring a group of companies. A shelf company is a company that has already been registered with the Companies and Intellectual Property Commission and is ready to conduct business. It is often used when persons do not want to incorporate a company [...]

Load More Posts