South Africa: Shareholders

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Business law and corporate law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve business and corporate law produced by specialists working in this area every day.

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

In Weir v Wiehahn Formwork Solutions (Pty) Ltd and others [2025] JOL 68636 (WCC) (Wier) the Western Cape High Court (Court) was again called upon to determine...

South Africa Commercial

F

Fasken

B-BBEE Ownership: Why The Right Share Options Count

In the context of Broad-Based Black Economic Empowerment (B-BBEE), ownership is one of the key elements of measurement.

South Africa Commercial

BI

Barnard Inc.

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

When a disgruntled 33 percent shareholder asked the High Court to pierce the statutory "force field"...

South Africa Commercial

BI

Barnard Inc.

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

On 4 April 2025, the Competition Commission of South Africa ("the Commission") published its final Guidelines on Internal Restructuring. These Guidelines clarify how the Commission will determine...

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

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

South Africa Commercial

WW

Webber Wentzel

Competition Commission Aims To Provide Clarity On Internal Restructurings

South Africa Anti-trust

WW

Webber Wentzel

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

South Africa Commercial

E

ENS

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

South Africa Commercial

F

Fasken

Transparency On The Clock: No Extension On 2024/25 PAIA Annual Report Submissions

South Africa Finance

E

ENS

When Tweets Turn Toxic: Steps To Protect Your Company's Reputation After An Employee's Exit

South Africa Litigation

BI

Barnard Inc.

AI And Water Systems: Conservation Tool Or Resource Drain?

South Africa Environment

E

ENS

The East African Insider – Week 7 To 13th June 2025

South Africa Government

SG

Shikana Group

Tax Dispute Resolution: Failure To Discharge Onus Of Proof

South Africa Tax

SG

SNG Grant Thornton

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

The Companies Amendment Act, 2024, ("Amended Act") that was recently signed into law has introduced some very instructive changes to the South African corporate law landscape.

South Africa Commercial

SW

Spencer West

The Main Benefits Of Incorporating A Private Company In South Africa

Incorporating a private company – indicated by the term ‘(Pty) Ltd' – in South Africa offers numerous advantages for entrepreneurs and business owners.

South Africa Commercial

FW

Fairbridges Wertheim Becker

How Your Business Would Benefit From Appointing A Company Secretary

In South Africa, private companies are not legally required to appoint a company secretary unless stipulated in their Memorandum of Incorporation (MOI).

South Africa Commercial

FW

Fairbridges Wertheim Becker

The Binding Nature Of Shareholders' Decisions At Meetings

Shareholders' meetings are one of the crucial platforms for decision-making within a company.

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

Capital Solutions For Businesses: A Strategic Perspective

South Africa Commercial

Ai

Andersen in South Africa

New Amendments To The Companies Act Signed Into Law Today

South Africa Commercial

E

ENS

Director Removal: Even A Rogue Director Must Still Be Treated Fairly

South Africa Commercial

F

Fasken

Corporate M&A 2024

South Africa Commercial

E

ENS

Capital Solutions For Businesses: A Strategic Perspective

Andersen in South Africa's Corporate, M&A practice is frequently consulted by clients requesting advice on corporate finance and securing optimal capital structures necessary for sustained growth and resilience.

South Africa Commercial

Ai

Andersen in South Africa

New Amendments To The Companies Act Signed Into Law Today

The long-awaited Companies Amendment Bill 2023 ("Bill") was today signed into law by the President, thereby introducing some key amendments to the Companies Act No. 71 of 2008 ("Companies Act")...

South Africa Commercial

E

ENS

Director Removal: Even A Rogue Director Must Still Be Treated Fairly

The removal of a director is often a contentious affair, especially when the director in question has no intention to relinquish the position. It becomes even more complex...

South Africa Commercial

F

Fasken

Corporate M&A 2024

Although the M&A market in South Africa (SA) has picked up to pre-COVID levels, there has been a decrease in M&A activity in 2023. In the period from January to September 2023...

South Africa Commercial

E

ENS

ESG Indicators In Brief: Anti-Corruption And Protecting Personal Information

South Africa Commercial

Ai

Andersen in South Africa

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

Shareholder disputes are an inevitable part of the business world, particularly in the high-stakes environment of South Africa's corporate sector.

South Africa Commercial

BI

Barnard Inc.

Business Rescue: A Guide For Company Owners And Shareholders

Business rescue is a legal process designed to rehabilitate a financially distressed company. If your company is struggling to meet its financial obligations, business rescue could be a viable option.

South Africa Commercial

BI

Barnard Inc.

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

Section 69(7)(a) of the Companies Act No. 71 of 2008 states that a company is ‘ineligible' to be appointed as a director of another company.

South Africa Tax

E

ENS

Short Synopsis Of The 2023 Companies Amendment Bills

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...

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.

Unlocking Opportunity: An International Entrepreneur's Guide To Launching A Private Company In South Africa

South Africa Commercial

BI

Barnard Inc.

Whether The Solvency And Liquidity Test Provides Sufficient Protection To Creditors And Minority Shareholders

South Africa Commercial

FW

Fairbridges Wertheim Becker

New Resolution Regime For Designated Institutions Comes Into Effect

South Africa Commercial

E

ENS

Executive Incentive Programs

South Africa Commercial

Ai

Andersen in South Africa

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