SHADOW DIRECTORS VERSUS PRESCRIBED OFFICERS

SHADOW DIRECTORS VERSUS PRESCRIBED OFFICERS

Background: The Companies Act No. 71 of 2008 (“Companies Act”) defines a director as either a member of the board of a company, as contemplated in section 66 of the Act, or an alternate director of a company and includes any person occupying the position of a director...
LOOP STRUCTURES EXPLAINED

LOOP STRUCTURES EXPLAINED

Until recently, South African investors contemplating foreign investments were required to take note of the South African exchange control regulations in order to avoid a potential pitfall, namely creating a loop structure. Loop structures come into existence when a...
THE HISTORY AND BENEFITS OF SHARE BUY-BACKS

THE HISTORY AND BENEFITS OF SHARE BUY-BACKS

A share buy-back, also commonly referred to as a share repurchase, is a process whereby a company buys back its own shares from its shareholders, whether by agreement or by virtue of a scheme of arrangement as contemplated in terms of the Companies Act No. 71 of 2008...