Publications

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]