A look back at 2013 !!

  It feels awkward an insignificant to write this article about ourselves during the same time as we are mourning about Madiba’s passing. I would like to start off by saying that Van Der Merwe Attorneys could not be more grateful and appreciative for our clients’ support and trust throughout this past year. 2013 has [...]

The Effect of the Mineral and Petroleum Resources Royalties Act 28 of 2008

Signed on the 17th November 2008, the Mineral and Petroleum Resources Royalties Act (“the Act”) seeks to give effect to the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”), namely Section 3 which states inter alia: “As the custodian of the nation’s mineral and petroleum resources, the State, acting through the Minister may, [...]

Unauthorised Distributions, a Must Read !!

Hypothetical scenario: A company’s board of directors consists of three directors. Two of the three directors are the sole shareholders of the company. The two directors which are shareholders wish to declare and pay a distribution (a dividend). The third director which is not a shareholder does not believe that the company has sufficient finds [...]

The abc of agreements, what are they?

  In the corporate world, agreements and contracts are just some of the most common documents being signed and reviewed by one or more companies. Regardless if it’s a merger or acquisition, or any other legal move, agreements are necessarily important. However, some companies are left with nothing but lawsuits and legal complaints simply because [...]

Statutory Merger Defined

The Companies Act has introduced a new form of statutory merger which exists in addition to, and not in substitution for, the pre-existing methods used by companies wanting to effect business combinations, namely the sale of the business of the company as a going concern and a takeover offer with compulsory acquisition of the securities [...]

Feedback on our trip to the States

  We flew to Atlanta, Georgia (16 hours) and then to San Francisco, California (a further 5 hours).   California’s “legal” population is 38 million, which is comparable with South Africa’s population of around 50 million – with the difference that California is the 12th biggest economy in the world.   It is well known [...]

Off to the States we go !!

  Myself and my colleague Lionel Andrews are off to San Francisco to attend a meeting of members of SCG Legal for 2 days. We were approved as a member of SCG Legal during the beginning of July 2013. SCG Legal is an association of Leading Law Firms in the world.  In this short period [...]

Introduction to Private Company M&A

Mergers and Acquisitions, also known as M&A is defined as the act where companies of the same entity are involved in buying, selling, combining and / or dividing companies and assets. This is usually done between two companies as a strategy for them to rapidly grow, and rule out any competition that they have. Private [...]

Charlie’s latest published article – Dangers in Standard MOI’s

  Dangers in Standard MOIs    

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 sensitive valuable information that cannot be made known to the masses, and in all various aspects, the foundation of a [...]

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