THE BENEFITS AND RISKS ASSOCIATED WITH DEBENTURES AND PREFERENCE SHARES FROM A FINANCIER’S VIEWPOINT
The South African corporate finance landscape provides financiers with various options when it comes to securing their loans, and financiers are often faced with difficult decisions regarding which vehicle or structure is best suited to provide finance facilities to...
GARDEN LEAVE CLAUSES – A CASE SUMMARY
Garden leave clause: A garden leave clause is a clause which typically requires an employee to remain away from the workplace during part or the whole of their notice period either for termination of employment or dismissal. During such garden leave period the...
HOW TO DIFFERENTIATE BETWEEN A SHARE BUY BACK AND A SCHEME OF ARRANGEMENT
Since the commencement of the Companies Act No. 71 of 2008 (“Companies Act”), companies and their legal advisors have been plagued by the question as to whether or not all share buy back transactions in excess of 5% (five percent) of the company’s issued share capital...
REMEDIES AVAILABLE TO AGGRIEVED MINORITY SHAREHOLDERS
Background: The Companies Act No. 71 of 2008 (“Companies Act”), provides certain mechanisms to aggrieved minority shareholders of a company which can be utilised when such shareholders wish to seek relief. It is not rare for minority shareholders to find themselves in...