Tag:
Companies Act
DealMakers
Recent developments in shareholder protection
Shareholders who seek relief under section 163 should be mindful of the requirements that they must satisfy in order to be entitled to relief.
DealMakers
Trouble in paradise: removal of a Director
When a director’s actions are not aligned with the company’s best interests, it can lead to reputational risks for the company itself, as well as the other directors involved.
DealMakers
Class Act
How to determine whether separate class meetings must be held to vote on a scheme of arrangement.
DealMakers
Executive Brief: key takeaways from the 2023 Companies Amendment Bills
The Minister of Trade, Industry and Competition has proposed the Companies Amendment Bill, 2023 and the Companies Second Amendment Bill, 2023.
DealMakers
The future of the mandatory audit firm rotation rule in South Africa
The recent ruling by the Supreme Court of Appeal has raised uncertainties surrounding the legality and future of the MAFR rule in South Africa.
DealMakers
Risk it for the biscuit: opportunities for private equity in business rescue
Business rescue presents a unique opportunity for private equity firms, investors and companies looking to return to a healthy position of solvency.
DealMakers
Are minority shareholders always bound by the conduct of majority shareholders?
The court will grant appropriate relief in terms of s163 where it is clear that the conduct complained of is unfairly prejudicial or oppressive.
DealMakers
Can donations be used as a mechanism to avoid the solvency and liquidity test?
Against the backdrop of economic stagnation and a predicted recession, companies are searching for innovative strategies to create value and liquidity for their shareholders