HEALTH CHECK IN RESPECT OF COMPLIANCE WITH THE PROTECTION OF PERSONAL INFORMATION ACT NO. 4 OF 2013
Background: The Protection of Personal Information Act No. 4 of 2013 (“POPIA”) was signed by the President of the Republic of South Africa (“RSA”) on 19 November 2013 with the first of its provisions coming into effect on 11 April 2014, and the majority of the...
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...
THE CONSEQUENCES FOR A COMPANY’S FAILURE TO LODGE ITS ANNUAL FINANCIAL STATEMENTS
Section 186 of the Companies Act No. 71 of 2008 (“Companies Act”) stipulates, amongst other things, that one of the main objectives of the Companies and Intellectual Property Commission (“CIPC”) is the efficient, effective and widest possible enforcement of the...
THE FINER DETAILS OF RING-FENCED COMPANIES IN TERMS OF THE COMPANIES ACT NO. 71 OF 2008
In terms of the Companies Act No. 71 of 2008 (“Companies Act”), if a company wishes to restrict the nature of its business or powers, or limit the amendment of any provision of its memorandum of Incorporation (“MOI”), the company’s MOI must be amended to reflect this...