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VDMA Law Publications
SOUTH AFRICA RAISES THE BAR FOR MERGER NOTIFICATIONS
SOUTH AFRICA RAISES THE BAR FOR MERGER NOTIFICATIONS Introduction South Africa’s merger control landscape is set for a meaningful change following the publication of amendments by the Minister of Trade, Industry and Competition proposing revised merger notification...
NAVIGATING TRUST COMPLIANCE IN SOUTH AFRICA’S EVOLVING REGULATORY LANDSCAPE
Introduction Trusts have historically served as vital instruments within South Africa’s legal framework for estate planning, asset protection, and the preservation of wealth across generations. Historically, one of the defining features of a trust has been a degree of...
UPDATE: AMENDMENTS TO THE REGULATIONS AND DETERMINATION OF LOCKDOWN LEVELS
On the 7th of August 2020 the Minister of Health, Dr. Zweli Lawrence Mkhize, issued two new directives. The first directive, issued in terms of regulation 3(3) issued under section 27(2) of the Disaster Management Act No. 57 of 2002 (“Disaster Management Act”),...
SHAREHOLDING STRUCTURES: THE UTILISATION OF DIFFERENT CLASSES OF ORDINARY SHARES
R Jooste and J Yeats in the second edition of Contemporary Company Law states that a company has “almost unlimited freedom to create the capital structure it desires and in so doing to structure the rights of each of its various classes of shares in an almost infinite...
CONVERTING DEBT INTO SHARES: A PRACTICAL LEGAL OVERVIEW
Introduction In the lifecycle of a growing business, it is not uncommon for companies to rely on shareholder or third-party loans to fund operations and expansion. However, as businesses evolve, the continued existence of debt on the balance sheet may become...
SOUTH AFRICAN COURTS WEIGH IN ON THE ETHICAL USE OF ARTIFICIAL INTELLIGENCE IN LEGAL PRACTICE
Background: Artificial Intelligence (“AI”) is increasingly being adopted in South African legal practice, offering efficiency and convenience in tasks such as legal research, drafting and document analysis. However, the courts have made it clear that the benefits of...
UNDERSTANDING THE LEGAL RECOGNITION AND REMOVAL OF TRUSTEES IN SOUTH AFRICA
Background: In South African law, the role of a trustee in the administration of a trust carries significant legal responsibility and fiduciary obligations. However, the mere nomination or acceptance of the role of trustee does not automatically grant one the...
STATUTORY AND CONTRACTUAL INFORMATION RIGHTS OF SHAREHOLDERS IN SOUTH AFRICAN COMPANIES
Background: The South African Companies Act No. 71 of 2008 (“Companies Act”) grants shareholders statutory rights of access to certain company records and information, aimed at promoting transparency and good corporate governance within South African companies. These...
UNDERSTANDING THE KING CODE
Corporate governance has become a defining feature of responsible business practice in the 21st century. In South Africa, the King Reports on Corporate Governance (“King Reports”) have long served as a guiding light for organisations striving to balance profitability...
AMENDMENTS TO THE REGULATIONS OF THE PROTECTION OF PERSONAL INFORMATION ACT – WHAT SOUTH AFRICAN BUSINESSES NEED TO KNOW
Background: On 17 April 2025, the Information Regulator issued an update to the regulations relating to the Protection of Personal Information Act No. 4 of 2013 (“POPIA”) (“Updated Regulations”), amending the 2018 regulations in several significant ways. These...
Annual Return deregistration in South Africa poses a silent yet serious threat to the continuity and legal standing of businesses.
Background: In South Africa's dynamic corporate landscape, maintaining compliance with statutory obligations is paramount for the continuity and legal standing of companies. One critical aspect of this compliance is the timely filing of Annual Returns (“AR”) with the...
INTERPRETATIONAL ISSUES WITH LEGISLATIVE REQUIREMENTS FOR A DISPOSAL OF ALL OR GREATER PART OF ASSETS OR UNDERTAKING
Background: The South African Companies Act No. 71 of 2008 (“Companies Act”) contains built in protection provisions against the stripping by directors of a South African company’s assets or undertaking without the approval of shareholders. In terms of section 112...