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 [...]

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 [...]

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 [...]