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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

Disclosure of Directors Personal Financial Interest: A certain necessity!

In terms of the common law all contracts between a director and the company is voidable at the instance of the company (see Phillips v Fieldstone Africa (Pty) Ltd, 2004 case). Approval of the contract [...]

The Many Benefits of understanding Company Law

  When it comes to running a business, millions of people simply try to do it without any sort of legal consultation. Many end up becoming successful after a few years and then they realize [...]