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HOW DIRECTORS CONFLICTS OF INTEREST ARE HANDLED UNDER THE COMPANIES ACT NO. 71 OF 2008
Background: The Companies Act No. 71 of 2008 (“Companies Act”), sets out specific provisions for dealing with conflicts of interests in a company, these provisions provide clarity on how a company should deal with a conflict pertaining to a director of a company, to ensure that transparency and accountability is...
AN ANALYSIS OF THE DIFFERENCES BETWEEN LIQUIDATION AND BUSINESS RESCUE
Background: The South African economic landscape is frequently disrupted by unpredictable external factors that significantly affect the business environment, complicating efforts to expand and improve profitability for companies. These challenges expose businesses to the risk of insolvency and potential liquidation,...
CONTRACTING WITH A COMPANY: FORMS OF AUTHORITY – PART 2
Background: This article is the second installment in a three-part series exploring fundamental legal principles pertinent to transactions involving companies. The series aims to illuminate aspects that all parties engaged in such transactions should understand. This particular article will concentrate on forms of...
Understanding the Duty to Report under Section 34(4) of the Prevention and Combating of Corrupt Activities Act, 12 of 2004
Background The Prevention and Combating of Corrupt Activities Act 12 of 2004, commonly known as “PRECCA”, is a cornerstone in South Africa's legislative framework aimed at combating corruption. Among its various provisions, Section 34(1) is particularly significant as it imposes a duty to report actual or suspected...
VDMA Law Joins Meritas, the Premier Global Network of Independent Law Firms, to Provide Clients Quality Legal Expertise Globally
Pretoria, Gauteng (10 July 2024) – VDMA Law, a Pretoria-based law firm, today announced that it has joined Meritas, a global alliance of independent business law firms. The affiliation offers VDMA Law access to more than 8,400 lawyers in 90 countries and 245 markets worldwide. The firm’s clients can now obtain legal...
IS LOADSHEDDING AN APPROPRIATE FORCE MAJEURE EVENT IN SOUTH AFRICAN COMMERCIAL CONTRACTS?
Background: Loadshedding, being the deliberate and temporary shutdown of electricity supply to certain areas by a utility provider due to insufficient power generation capacity to meet demand, is a well-known phenomenon in the Republic of South Africa. With South African role players having realised that loadshedding...