The South African Companies Act of 2008 introduced provisions for the creation of ring-fenced companies. The primary purpose of...

The South African Companies Act of 2008 brought significant changes to the regulation of external companies, which are foreign companies...

Environmental, social and governance (ESG) investing has gained significant prominence in both South Africa and globally, playing a...

Having shareholders who are individuals can present a problem if any of them are married in community of property in South Africa. This...

The South African Companies Act of 2008 uses the term "dispose" without clearly defining the range of transactions that fall within its...

The South African Constitutional Court confirmed that a loan that is repayable on demand becomes due and, accordingly, prescription...

South African companies should carefully review their existing security arrangements before granting additional security and consider how...

In companies in South Africa where directors could be conflicted for diverse reasons, one way of addressing the problem is to have a...

Make provision both in your Shareholders Agreement and your MOI for any significant shareholder (one who holds 10% or more of the issued...

It is recommended that companies registered under the South African Companies Act of 2008 include provisions for an expedited process in...

The South African Companies Act, 2008 recognises “related”/”interrelated” relationships between persons. Briefly, entities are...

Guarantees, Suretyships, Co-principal Debtorships and Indemnities given are all “dispositions” and are subject to section 26 of the South...

Section 129(7) of the South African Companies Act 2008 provides that if a board of a company has reasonable grounds to believe that the...

In terms of section 73(1) of the South African Companies Act, 2008 (as amended), a director authorised by the board of a company may call...

In a landmark ruling the South African Supreme Court of Appeal (SCA) ruled that, “the matters mentioned in s 45(1)(a) [of the Companies...

The South African General Laws (Anti-Money Laundering and Combating of Terrorism Financing) Amendment Act, 2022 (recently promulgated)...

A director is not entitled to any remuneration for services rendered in his capacity as company director until approved by shareholders...

The SCA of South Africa has confirmed that a breach of fiduciary duty under the common law entails: a) something materially different...

There is a fine balance between holding a director personally liable as an accessory to a company’s negligence and the doctrine of...

The USA's Federal Trade Commission (FTC) has proposed a new rule that would ban employers from imposing non-competes on their workers....