Publications

The Impact of Business Rescue on Employees

Business rescue has become a popular alternative to liquidation of a company. The Business Rescue procedure was introduced through section 6 of The Companies Act 71 of 2008 (“Companies Act”). One of the principal differences [...]

Board Meetings

Section 73 of the Companies Act No. 71 of 2008 prescribes the manner in which board meetings of a company must be convened. A director who is authorized by the board of directors: (i) may [...]

London Visit During Black History Month

In celebration of Black History Month in October, Pieter van der Merwe and Marilize Jerling attended a legal conference in London in October 2017, representing both VDMA and South Africa in their attendance. Guest speakers [...]

Ring-fenced Companies

Section 113(3)(b) of the Companies Act, 2008 (“Companies Act”) provides that a company’s name must be followed by the expression ‘(RF)’ if a company’s memorandum of incorporation contains the following: any restrictive conditions applicable to [...]

A One-Stop Investment Shop

InvestSA is a South African investment agency which developed the “One Stop Shop” concept by integrating support from all government departments to provide investors with an investment facilitation service aimed at lowering the cost of [...]

The Election of Directors of Profit Companies

The election of directors of profit companies is regulated by section 68 of the Companies Act 71 of 2008 (“Companies Act”). In terms of Section 68 of the Companies Act, each director of a company, [...]

The Transfer of Uncertificated Securities

Section 53 of the Companies Act No. 71 of 2008 (“Companies Act”) provides for the transfer of uncertificated securities in an uncertificated securities register. The Companies Act states that the transfer of uncertificated securities may [...]

Beware the Big Bad “Corruption Act”

Corruption is a plague which manifests itself in theft, bribery, extortion and other corrupt activities. Corruption affects every nation and in particular, it has been determined that approximately ZAR700 billion has been lost to corrupt [...]

The Legal Regulation of Bitcoin

A Bitcoin is a cryptic bundle of data that can be used to make digital payments and it forms part of the wider specter of virtual currencies. A Bitcoin is a decentralised, virtual cryptocurrency that [...]

Permissible Distributions by Companies

The Companies Act, No 71 of 2008 (“Companies Act”) provides a closed list of permissible distributions that can be made by companies. The Companies Act defines “distributions” as the direct or indirect – transfer by [...]