News & Articles
ARE YOU SHEPHERDING YOUR BUSINESS OR STRAYING OFF COURSE?
In a case that might resonate with anyone managing multiple interests or partnerships, the South African Supreme Court of Appeal recently delivered a judgment that businesses should heed. The matter involved Dr Boudewyn Smuts, a director who was declared delinquent...
THE BINDING NATURE OF SHAREHOLDERS’ DECISIONS AT MEETINGS
Shareholders' meetings are one of the crucial platforms for decision-making within a company. A clear understanding of the binding nature of these decisions are essential for both the company and its shareholders. In terms of the Companies Act 71 of 2008 (the Act) ,...
Debt Recovery Solutions | Understanding Substituted Service
Discover how substituted service can rescue your debt recovery efforts when debtors can't be found. Learn the process, methods, and benefits of this flexible legal mechanism to keep your debt collection on track. Debt recovery hits a roadblock when debtors can't be...
Caught in the Crossfire? Understanding Non-Joinder and Misjoinder in Legal Battles
Have you ever found yourself unexpectedly dragged into a legal battle that has little to do with you? It’s not as uncommon as you might think. Two legal terms - Non-Joinder and Misjoinder - are key concepts that can unfairly pull you into court or exclude someone...
Fixing the Dents: Remedies for Breach of Contract in the Retail Motor Business
As a panel beater or auto repair business owner, contracts are a daily part of operations, whether formal or informal. From agreements with suppliers for parts, or contracts with customers for repairs, contracts form the backbone of business transactions. But what...
ALTERNATIVE DISPUTES RESOLUTION AS AN OPTION FOR DIRECTOR AND SHAREHOLDER DISPUTES
Disagreements between directors and shareholders are an unfortunate reality in many South African companies. These disputes can range from minor disagreements on strategy to more serious issues like financial impropriety or deadlocks within the boardroom. While...
How Synthetic Data Can Help the Retail Motor Industry Address AI’s Privacy and Copyright Issues
Data is essential for advancing technology, especially in artificial intelligence (AI). Businesses in the retail motor industry, such as those involved in the resale of parts for panel beating, can benefit significantly from AI. However, obtaining and using real-world...
VOLUNTARY LIQUIDATION VS VOLUNTARY DEREGISTRATION
The volatile economic climate in South Africa has left companies with no alternative but to consider either voluntary liquidation or voluntary deregistration when there are no further prospects of trading, and business rescue is not a viable option. VOLUNTARY...
UNDERSTANDING DELINQUENCY AND PROBATION ORDERS FOR DIRECTORS IN SOUTH AFRICA
In South African business law, the spectre of director delinquency looms large, posing a formidable challenge to the integrity and sustainability of corporate governance. The Companies Act has provisioned stringent measures to guard against malfeasance, allowing for...
UNDERSTANDING THE MERGERS & ACQUISITIONS PROCESS IN SOUTH AFRICA
Traditionally, M&A transactions comprise various phases, involving a prospective buyer conducting a due diligence on a target company; price and transaction structure negotiations; and the conclusion of a definitive purchase agreement. An M&A transaction can...