Publications

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 [...]

Why should businesses understand Smart Contracts?

Smart contracts are receiving significant attention from businesses across a broad range of industry sectors - and for good reasons. But what are smart contracts and why is it imperative that businesses understand what a [...]

The role of creditors during business rescue proceedings

Chapter 6 of the Companies Act, No. 71 of 2008 (“Companies Act”) allows for companies to enter into business rescue proceedings with the aim to assist the rehabilitation of a company that is financially distressed. [...]

From “Brexit” to “Frexit”: A South African perspective

The term “Brexit” refers to the referendum held in June 2016 in terms of which the majority of British citizens voted in favour of exiting the European Union (“EU”). The referendum caused the British pound [...]

Delinquent Directors

The Companies Act No. 71 of 2008 (“Act”) protects the interests of parties who have a vested interest in a company against the mismanagement thereof by regulating the conduct of a company and those acting [...]

CAN THE PROMOTION OF ACCESS TO INFORMATION ACT, NO. 2 OF 2000 BE USED TO CIRCUMVENT THE LIMITATIONS SET OUT IN SECTION 26 OF THE COMPANIES ACT, NO. 71 OF 2008?

The Promotion of Access to Information Act, No. 2 of 2000 (“PAIA”) gives effect to section 32 of the Constitution of the Republic of South Africa, 1996 (“Constitution”). More specifically, PAIA provides for the enforceability [...]

Procedure for Implementing Mergers

The concept of mergers and acquisitions were only introduced by the new Companies Act No. 71 of 2008 (“Companies Act”). Simply put, a merger and acquisition occurs when two or more profit companies combine their [...]

VDMA Visit Milano, Italy

VDMA’s managing partner, Pieter van der Merwe, was recently approached by the legal bar association of Milan, Italy to participate in the “Cross border deals in Africa legal considerations and business opportunities on South Africa” [...]

Risky Business

‘Risk management’ is a term that has been receiving a lot of attention since the 2007 financial crisis. The financial crisis was a massive failure which took all by storm, apart from the unpopular few [...]

Sectional Title Schemes and Management and Conduct Rules

Sectional title schemes are becoming increasingly popular in South Africa whether as a primary residence or as an investment opportunity. They afford owners the opportunity to purchase and own a unit within the scheme and [...]