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South Africa
Fasken
The Minister of Trade, Industry and Competition has proposed the following amendments to the Companies Act, 2008 by way of the Companies Amendment Bill, 2023...
ENS
In an unprecedented legal move, ExxonMobil has instituted a lawsuit against two shareholder activists, alleging that their proposed resolution seeks to unduly interfere with the company's day-to-day operations.
Swart Attorneys
Share buy-backs are governed by section 48 of the Companies Act, 2008 ("the Act"), allowing for a company to acquire its own shares in issue subject to passing prescribed solvency and liquidity
Deale Attorneys
Corporate reputation is the way in which the corporation is perceived by various stakeholders – employees, clients, shareholders, and the general public.
ENS
A change of control is where there is a shift in a company's ownership or management resulting in the decision-making capacity of the entity being transferred to a different group of shareholders and/or directors.
Pinsent Masons
Many changes are expected in South Africa's company law, with the public hearings on the proposed amendments to the Act scheduled to commence on 20 February.
ENS
In the 2023 State of the Nation Address, President Cyril Ramaphosa reiterated a recommendation made well over ten years ago, for overarching legislation to improve governance at state-owned enterprises ("SOEs").
Barnard Inc.
The business rescue proceedings involving agriculture and agri-processing business, Tongaat Hulett have been reported on extensively...
ENS
The veil of incorporation is a legal concept that separates the company from its shareholders. The liabilities of the company do not ordinarily fall to the shareholders except in limited circumstances.
Barnard Inc.
The purchase and sale of shares in a private profit company can be disastrous if the parties involved failed to address all the relevant legal implications that may be associated with the concerned sale...
ENS
Financing company operations often involves borrowing from commercial lenders, private lenders and even the company's own shareholders. Whether or not formal documentation of the loan...
Barnard Inc.
The Companies Act, Act 71 of 2008 (hereinafter the "Act"), allows for a "dissented shareholder" to demand that his shares be re-acquired by the company in which he holds them at "fair value".
Barnard Inc.
South Africa, with its rich culture and emerging markets, has become an enticing destination for international entrepreneurs, in spite of the current economic and political challenges the developing economy is facing.
Fairbridges Wertheim Becker
The Companies Act No. 71 of 2008 ("the 2008 Act") reproduces a change from the standard of preserving the capital structure, to preserving the solvency and liquidity test, in comparison to its predecessor...
ENS
Banks and other financial institutions should take note of the new resolution framework that came into effect on 1 June 2023.
Andersen in South Africa
Keeping your executive and management appropriately incentivised remains a key part of business strategy driving success, profitability and sustainability.
ENS
A person can acquire shares in a private company by subscription at the time of incorporation of the company, by allotment by the directors of the company, by purchase from a shareholder...
Adams & Adams
The directors of a company are tasked with the control and management of the day-to-day operations of a company. Shareholders own the company through the shares which they hold.
ENS
The recent tailings dam collapse at Jagersfontein in South Africa, which killed one and displaced hundreds has put the spotlight on the need for companies in the extractives industry...
ENS
Contributed tax capital ("CTC") is a term that is defined in the Income Tax Act, 1962 (the "Act") and that represents a notional amount that is available to be transferred to shareholders...
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