NAVIGATING THE COMPETITION COMMISSION’S DRAFT GUIDELINES ON INTERNAL RESTRUCTURING
The Competition Commission of South Africa (“Commission”) has recently issued draft guidelines under the authority of section 79(1) of the Competition Act No. 89 of 1998 (as amended) (“Competition Act”) in relation to instances when an internal restructure would...
HOW TO RECTIFY VOID SHARE ISSUANCES
Introduction: The issuing of shares is a vital process for companies, enabling them to raise capital and structure ownership. However, if shares are issued in excess of the shares authorised in terms of the memorandum of incorporation of a company (“MOI”), such share...
RECENT AMENDMENTS TO THE COMPANIES ACT – WHAT YOU NEED TO KNOW
Background: On 27 December 2024, certain provisions of the Companies Amendment Act No. 16 of 2024 and the Companies Second Amendment Act No. 17 of 2024 (collectively the “Amendment Acts”) came into effect, both of which amended certain provisions of the Companies Act...
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...