Publications

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 [...]

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 [...]

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 [...]

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 [...]