Publications

All things MOI

A Memorandum of Incorporation (“MOi”) is the founding document required for the formation of a company in terms of the new Companies Act 71 of 2008 (“Act”). There are virtually no bounds when it comes [...]

Shedding light on sale and repurchase transactions

In the recent finding in Mercuria Energy Trading Pte Ltd and Mercuria Energy Group Ltd v. Citibank NA and Citigroup Global Markets Ltd [2015] EWHC 1481 (Comm) on 22 May 2015 the Commercial Court of [...]

A Short Summary of the Environmental Liability of Directors and Shareholders

There is a vast scope of legislation pertaining to environmental and mining affairs. We will however only focus on the main acts, which specifically deal with the liability resulting from a breach of a company’s [...]

The Retrospectivity of Deregistration and Reinstatement Processes of Close Corporations

In Reddy v Absa Bank (20096/2014) [2015] ZASCA 83 (28 May 2015), P Reddy the sole member of Missouri Trading Close Corporation (“Missouri”) appealed against a decision of the Kwa-Zulu Natal division of the High [...]

Why Every Contract Should Include a Force Majeure Clause

The term force majeure can be directly translated to "superior forces". It is an expression used to describe a wide range of events such as an act of God or public enemy, fire, an explosion, [...]

VDMA ranked as Top Law Firm in South Africa for Unlisted Transactions Deal Value for First Quarter 2015 by leading industry publication Dealmakers

The Ratings are as follows:   We would like to take this opportunity to say a big thank you to our valued clients who have entrusted us with their transactional work in the first quarter [...]

The Constitutional Court’s stance on Mr Shuttleworth’s case

In the South African Reserve Bank and Another v Shuttleworth and Another (CCT194/14, CCT199/14) [2015] ZACC 17 (18 June 2015), the case which has been deliberated extensively and contended through the hierarchy of the South [...]

Final Liquidation Order does not dismiss Business Rescue Opportunities

The process of business rescue as provided for in the Companies Act 71 of 2008 (“the Companies Act”), which although is still experiencing some teething issues, has become well established within business practice and has [...]

Consumer Protection Act and its application to residential leases- is it in the ordinary course of business of the lessor?

In order for the Consumer Protection Act 68 of 2008 “CPA” to apply to a lease agreement, the lessee must qualify as a consumer, and the lessor must qualify as a supplier as defined in [...]

An overview on general notarial bonds (“GNB”)

A mortgage is classified as a limited real right and therefore the mortgage limits the rights of ownership of the mortgagor while providing the mortgagee with certain limited rights to the property. The mortgagor may [...]