Company / Corporate / Compliance

“All is fair in love and war…and business is war.” (Jasmine Kundra) When company directors are locked in dispute, one of them may be tempted to cut off the other’s access to emails and to the business server – a tactic likely to have immediate and serious consequences for the director thus cut off. Its appeal as a tactic to

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Article courtesy of Law Dot News | Sexual Harassment A Victim of Sexual Harassment Must Report It “Immediately” “…sexual harassment is a heinous and horrendous conduct since it undermines the dignity of women and the values enshrined in our Constitution.” (Extract from judgment below) Employers have a strong duty to provide a safe workplace for their employees, and to protectRead more

Article courtesy of Law Dot News | Business Law | Corporate Compliance “Creditors have better memories than debtors” (Benjamin Franklin) In these hard times of pandemic and economically destructive unrest, an unfortunate number of businesses face collapse, and many will opt for the “first aid for companies” option of business rescue. Creditors coming out of that process with a shortfallRead more

Article courtesy of Law Dot News - Business Law Companies: Are Restraints of Trade Valid in a Time of Covid? “For him to be forced out of a career of choice to start working in a different field at a time when many businesses are closing down, retrenchments and lay-offs being commonplace and individual[s] doing everything possible to survive andRead more

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 fromRead more

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 – safelyRead more

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 expectRead more

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 riskRead more

“…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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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 positionRead more