INTRODUCTION Director resignations are a fact of corporate life. What many companies fail to appreciate, however, is that a resignation does not sever all legal ties between the director and the company. Certain fiduciary duties continue after departure — and...

The Broad-Based Black Economic Empowerment Commission (“the Commission”), established under the B-BBEE Act 53 of 2003, oversees compliance with South Africa’s empowerment framework. Among its core functions, the Commission maintains a registry of major B-BBEE...

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...

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...

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”),...

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...

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...