South Africa: Shareholders

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The Legal And Operational Framework For Unbundling Transactions In Accordance With Section 46 Of The Income Tax Act

Section 46 of the Income Tax Act 58 of 1962 (the "ITA") provides roll-over relief where a company distributes shares it holds in another company to its own shareholders...

South Africa Commercial

BI

Barnard Inc.

Section 44 Of The Income Tax Act And The Art Of Tax-Efficient Amalgamations And Mergers

Section 44 of the Income Tax Act 58 of 1962(the "ITA") provides targeted tax relief for companies undergoing a genuine consolidation through an amalgamation, merger, or conversion.

South Africa Commercial

BI

Barnard Inc.

Guardians Of The Rand: Potential Nationalisation Of The South African Reserve Bank

The South African Reserve Bank Amendment Bill of 2018 (the "SARB Amendment Bill") has again become the subject of a vigorous debate following the public hearing held by Parliament of South Africa on 2 July 2025.

South Africa Finance

E

ENS

Beneficial Ownership Compliance In South Africa

In an era demanding greater corporate transparency, the concept of beneficial ownership has moved from a niche legal term to an essential compliance imperative for businesses operating in South Africa.

South Africa Commercial

Ai

Andersen in South Africa

Shareholders Need Not Give Reasons For The Proposed Removal Of A Director

South Africa Commercial

F

Fasken

B-BBEE Ownership: Why The Right Share Options Count

South Africa Commercial

BI

Barnard Inc.

Moratorium:Impossible – High Court Keeps The Business-Rescue Shield Intact

South Africa Commercial

BI

Barnard Inc.

Internal Restructuring: Insights Into The Competition Commission's Latest Guidelines

South Africa Insolvency

AA

Adams & Adams

Why South African Entrepreneurs Should Consider Setting Up Offshore To Attract Foreign Investment

South Africa Government

TS

The Sovereign Group

Share Repurchases And Regulatory Consequences

South Africa Commercial

Ai

Andersen in South Africa

Capital Markets Comparative Guide

South Africa Commercial

FS

Fasken South Africa

SCA Ruling: Ownership Requires Proof, Not Just Assertion

South Africa Litigation

E

ENS

ESG Trends In The Retail Sector

South Africa Consumer

WW

Webber Wentzel

Contingent Value Rights: Bridging The Valuation Gap In Public M&A

South Africa Commercial

WW

Webber Wentzel

Fifty Cents, Zero Trust: How A Trivial Shortfall Cost A Teller Her Job

South Africa Employment

FW

Fairbridges Wertheim Becker

South Africa Litigation

E

ENS

FCA Fines Barclay's GBP42M: AML Wake-up Call For South African Institutions

South Africa Finance

E

ENS

Rethinking Confidentiality In The Age Of AI

South Africa Technology

E

ENS

Is The COFI Bill Finally Kicking In?

South Africa Finance

E

ENS

Certain Amendments To The Companies Act Now In Effect: A Quick Reference Guide

Specific sections of the Companies Amendment Act, 2024 and the entire Companies Second Amendment Act, 2024 (collectively, Companies Amendment Acts, 2024) came into effect on 27 December 2024. The Companies Amendment Acts, 2024 introduce several changes to the Companies Act, 2008 (Companies Act).

South Africa Commercial

WW

Webber Wentzel

Competition Commission Aims To Provide Clarity On Internal Restructurings

The legal position on whether internal restructurings within South African businesses require prior approval from the competition authorities has been uncertain for some time.

South Africa Anti-trust

WW

Webber Wentzel

Certain Amendments To The Companies Act No. 71 Of 2008 Now In Effect

The President has proclaimed in the Government Gazette No. 51837 that certain sections of the Companies Amendment Act No. 16 of 2024 ("Amendment Act") and the entirety of the Companies Second Amendment.

South Africa Commercial

E

ENS

Amendments To The Companies Act Brought Into Force On 27 December 2024

By way of a notice in the Government Gazette of 27 December 2024 the President caused certain sections of the Companies Amendment Act (Act No. 16 of 2024)...

South Africa Commercial

F

Fasken

Key Amendments To South Africa's Companies Act: Impact On Takeovers And Mergers

South Africa Commercial

SW

Spencer West

The Main Benefits Of Incorporating A Private Company In South Africa

South Africa Commercial

FW

Fairbridges Wertheim Becker

How Your Business Would Benefit From Appointing A Company Secretary

South Africa Commercial

FW

Fairbridges Wertheim Becker

The Binding Nature Of Shareholders' Decisions At Meetings

South Africa Commercial

BI

Barnard Inc.

When Can You Notify Multiple Transactions In A Single Merger Filing To The South African Competition Commission?

South Africa Anti-trust

F

Fasken

But-For Test In Action: Uncovering The Contractual Liability Exclusion In D&O Policies

South Africa Commercial

AA

Adams & Adams

Memorandum Of Incorporation, Shareholders' Agreement And Rules Of A Company: The Same Orchestra But Different Instruments

South Africa Commercial

BI

Barnard Inc.

What, The FIC, Is Beneficial Ownership?

South Africa Commercial

E

ENS

Lost E-Mail, Lost Cause: The Companies Tribunal's Approach To The Use Of E-Mail For Notices And Service

South Africa Commercial

F

Fasken

Recent Developments In Shareholder Protection

South Africa Commercial

F

Fasken

Memorandum Of Incorporation, Shareholders' Agreement And Rules Of A Company: The Same Orchestra But Different Instruments

The Memorandum of Incorporation ("MOI"), Shareholders' Agreement, and Rules of a company can all be described as instruments forming part of the same...

South Africa Commercial

BI

Barnard Inc.

What, The FIC, Is Beneficial Ownership?

In terms of section 21B of the Financial Intelligence Centre Act 38 of 2001 ("FICA"), as amended by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022...

South Africa Commercial

E

ENS

Lost E-Mail, Lost Cause: The Companies Tribunal's Approach To The Use Of E-Mail For Notices And Service

With the advent of electronic communication over the last few decades, e-mail has become the most common method of communication in business

South Africa Commercial

F

Fasken

Recent Developments In Shareholder Protection

In any commercial enterprise with multiple shareholders, disputes are bound to arise. Such disputes may result in the interests of some shareholders being unfairly prejudiced.

South Africa Commercial

F

Fasken

Capital Solutions For Businesses: A Strategic Perspective

South Africa Commercial

Ai

Andersen in South Africa

What Are The Evidentiary Requirements For Making An RI Report?

Amid the current landscape of several corporate failures in South Africa, including the dramatic collapse of Steinhoff, and the resulting job losses and negative impact on shareholders...

South Africa Accounting

E

ENS

Legal Standing In Corporate Misconduct

Locus standi under common law has undergone significant changes due to the Companies Act 71 of 2008 (‘the Act'), and the impact of the judgment in the Organisation Undoing Tax Abuse NPC...

South Africa Commercial

FW

Fairbridges Wertheim Becker

How Much Effort Is Too Much Effort

It has become common practice for parties to an agreement to use efforts standards when imposing obligations on one another.

South Africa Commercial

F

Fasken

Voluntary And Compulsory Liquidation Proceedings In South Africa

In South Africa, the liquidation, dissolution, or winding-up of a company is not limited to instances of financial distress but includes both voluntary and compulsory processes as outlined in the Companies Act 71 of 2008.

South Africa Commercial

BI

Barnard Inc.

When Shareholders Collide: Managing Disputes In South Africa's Boardrooms

South Africa Commercial

BI

Barnard Inc.

Business Rescue: A Guide For Company Owners And Shareholders

South Africa Commercial

BI

Barnard Inc.

Shareholder-Nominated Non-Executive Directors: Navigating VAT, Income Tax, And PAYE Challenges

South Africa Tax

E

ENS

Short Synopsis Of The 2023 Companies Amendment Bills

South Africa Commercial

F

Fasken

Exxonmobil's Legal Battle With Shareholder Activists, Arjuna Capital And Follow This: A Watershed Moment In ESG Shareholder Activism?

South Africa Commercial

E

ENS

Case Development: Regulatory Requirements Governing Share Buy-Backs

South Africa Commercial

Swart Attorneys

CORPORATE REPUTATION: What Is It And How Can It Be Protected In The Workplace?

South Africa Commercial

Deale Attorneys

Navigating Change Of Control Clauses In IT Contracts: Legal Considerations And Risk Mitigation Strategies

South Africa Media & IT

E

ENS

Potential Pitfalls In South Africa's Expanded Access To Company Information Proposals

South Africa Commercial

Pinsent Masons

New State-Owned Holding Company In The Pipeline To Improve Governance At State Owned Enterprises: A Step In The Right Direction?

South Africa Commercial

E

ENS

Tongaat-Hulett's Suppliers Challenge 'Unsavoury' Business Rescue Actions – Legal Explainer

South Africa Commercial

BI

Barnard Inc.

Lifting The Corporate Veil For Fraudulent Trading

South Africa Commercial

E

ENS

Important Considerations When Drafting Sale-Of-Shares Agreements

South Africa Commercial

BI

Barnard Inc.

Why Companies Need To Properly Document The Loans They Receive.

South Africa Commercial

E

ENS

‘Fair Value' Can Be Fair Without Being Market Value

South Africa Commercial

BI

Barnard Inc.

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