Company / Corporate / Compliance

29
Mar

When Company Directors and Shareholders Come to Blows….

Article courtesy of Law Dot News – When Company Directors & Shareholders  Come to Blows | Company Law When Company Directors and Shareholders Come to Blows... “…the mere exercise of majority shareholding voting rights does not amount to oppression…” (extract from judgment below) What happens when a company’s directors and shareholders fall out and cannot reconcile their differences? “Relief from
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26
Aug

Directors, Trustees: Can You Hold Your AGMs and General Meetings on Zoom?

Article courtesy of Law Dot News Directors, Trustees: Can You Hold Your AGMs and General Meetings on Zoom? “O Wonder! …O Brave New World” (Shakespeare) Regrettably the pandemic still shows no sign of going away any time soon, and the social distancing it has brought to our “new normal” leaves companies with a dilemma. How can you comply – safely
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26
Jun

Directors and Business Rescue in the Time of COVID-19

Article courtesy of Law Dot News Business Law: Directors and Business Rescue in the Time of COVID-19 “A stitch in time saves nine” (wise old proverb) The COVID-19 pandemic and the resultant lockdown have opened up new avenues of profit for some businesses, but they have also subjected many others to the spectre of business failure. Unfortunately we can expect
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26
May

Directors: Reckless Trading and Personal Liability in the Time of Coronavirus

Article courtesy of Law Dot News “Better safe than sorry” (wise old proverb) The COVID-19 pandemic and its ongoing economic fallout have left many businesses struggling with cash flow and even viability challenges. The result is that an increasing number of companies are either trading in insolvent circumstances, or in grave danger of doing so. Reckless trading and your risk
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27
Mar

How to Stop an Ex-Director from Competing With You

“…the default position is that an executive director or a senior employee may not carry on business activities which fall within the scope of his company’s business during the time when he serves as director or works as employee.  The default position however changes on resignation.” (Extract from judgment below) What happens if relations between you and your fellow company

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26
Feb

How to Stop an Ex-Director from Competing With You

Article courtesy of Law Dot News Business Law - How to Stop an Ex-Director from Competing With You “…the default position is that an executive director or a senior employee may not carry on business activities which fall within the scope of his company’s business during the time when he serves as director or works as employee.  The default position
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26
Nov

Business Law – Mandatory New CIPC Compliance Checklist

Article courtesy of Law Dot News Business Law - All Companies: Prepare for the Mandatory New CIPC Compliance Checklist The CIPC (Companies and Intellectual Property Commission) has announced that its new “compliance checklist” requirement, voluntary until now, becomes mandatory for all companies and close corporations from 1 January 2020. You must complete the checklist before submitting your annual return. So firstly check when
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29
May

Directors at War and the Liquidation Option – A Tale of Sibling Rivalry

Article courtesy of Law Dot News Business Law - Directors Dispute, the Liquidation Option? “Family quarrels are bitter things. They don’t go according to any rules” (F. Scott Fitzgerald) A company’s directors have both the power and the duty to manage the company’s affairs for its benefit. When two or more directors are in place, it’s perhaps natural for the
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29
May

Business Rescue: Are Your Suretyships Enforceable? A R5.5m Lesson for Directors and Creditors

Article courtesy of Law Dot News “Some people use one-half their ingenuity to get into debt, and the other half to avoid paying it” (George Prentice, newspaper editor and author) You are owed a lot of money by a company that goes into business rescue. The business rescue plan provides for creditors like you to accept a dividend of only

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30
Aug

Restraint of trade- Is this an enforceable term of contract?

By: Sean Bosse In a recent commercial dispute, our client stared down a demand from her ex- franchisor to stop trading in her new business that was deemed to be the same or similar to the one she had operated under license from the ex-franchisor. The franchise agreement had a rather clumsily drafted restraint of trade clause incorporated therein which
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