Legal insights

Share Buybacks - Section 48(8) of the Companies Act

14 December 2016
The Companies Act 71 of 2008 (“the Act”), provides that a company may acquire its own shares, to the extent that it is solvent and liquid, as more fully described in Section 4 of the Act.

Special Voluntary Disclosure Programme: Exchange Control Relief

8 November 2016
The 2016/2017 Budget Speech by the Minister of Finance, Pravin Gordhan saw the announcement of a Special Voluntary Disclosure Programme (“SVDP”), which is aimed at encouraging South African residents with undisclosed offshore assets and income to regularise their affairs through the SVDP.

Empowering Supplier Status Revised

1 November 2016
One of the most significant changes in the Codes of Good Practice for Broad-Based Black Economic Empowerment (“the New Codes”) that came into effect on 1 May 2015 was the requirement to be an Empowering Supplier.

Section 20(7) and Section 20(8) of the Companies Act – When will a company be bound by contract?

4 October 2016
Much has been written in the past as to the doctrine of Constructive Notice and the application of the Turquand rule.

Investing in South Africa: The "Non-Resident" Endorsement

13 June 2016
When attending to investing in a South African entity as an offshore shareholder, it is important to understand the requirements of the Exchange Control Regulations of 1961 (promulgated in terms of the Currencies and Exchanges Act, 9 of 1933), hereinafter referred to as “the Regulations” and its application as regards to any person or entity in South Africa.

South African Exchange Control Regulations

19 November 2015
A Look at the Disposal of Intellectual Property Owned in South Africa to an Offshore Purchaser It often occurs that a company established in South Africa has developed a specific software program or other processes and/or applications upon which it basis its particular service offering or product.

Director's resolution - The devil in the detail

5 November 2015
Directors’ resolutions are common place in commerce as a convenient and effective manner in which the Directors of a Company can make a decision on behalf the Company.

Investing into africa – foreign direct investment requirements

29 October 2015
Global business is increasingly showing interest in expanding their business operations into the African continent.

The Company Secretary of a Listed Company

25 September 2015
In terms of the Companies Act, 2008 ("the Act"), all public companies are required to have a company secretary who is accountable to the Board. The appointment may be a natural person or a juristic person.

Section 30(4) of the Companies Act – New developments relating to the disclosure of directors' remuneration

25 September 2015
1. Section 30(4) of the Act and the non-binding opinion of CIPC

Maternity leave and pregnancy - Instalment 4

25 September 2015
Instalment 4: What should a pregnant employee do if they feel like they are being discriminated against in their workplace for being pregnant?

Maternity leave and pregnancy - Instalment 3

25 September 2015
Instalment 3: Are there any cases in South Africa where women have been discriminated against for being pregnant?

The Companies Act - where are we now?

25 September 2015
1. Introduction

The effect of the Labour Relations Amendment Bill 2013 on fixed term contract employees

25 September 2015
On 20 August 2013, the Labour Relations Amendment Bill 2013 (“the Bill”) was adopted by the National Assembly and, as it presently stands, this Bill will have a significant impact on labour relations in South Africa.

Loans and other financial assistance to directors and prescribed officers of a company

25 September 2015
It is common practice in business today that a company provides financial assistance to certain of its directors or prescribed officers.

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