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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

Background: The South African economic landscape is frequently disrupted by unpredictable external factors that significantly affect the business environment, complicating efforts to expand and improve profitability for companies. These challenges expose businesses to...

Background: This article is the second installment in a three-part series exploring fundamental legal principles pertinent to transactions involving companies. The series aims to illuminate aspects that all parties engaged in such transactions should understand. This...