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...

Background The Prevention and Combating of Corrupt Activities Act 12 of 2004, commonly known as “PRECCA”, is a cornerstone in South Africa's legislative framework aimed at combating corruption. Among its various provisions, Section 34(1) is particularly significant as...

Pretoria, Gauteng (10 July 2024) – VDMA Law, a Pretoria-based law firm, today announced that it has joined Meritas, a global alliance of independent business law firms. The affiliation offers VDMA Law access to more than 8,400 lawyers in 90 countries and 245 markets...

Background: Loadshedding, being the deliberate and temporary shutdown of electricity supply to certain areas by a utility provider due to insufficient power generation capacity to meet demand, is a well-known phenomenon in the Republic of South Africa. With South...

Background: This article marks the beginning of a series that delves into essential legal principles relevant to transactions involving a company. It aims to shed light on aspects that all parties involved in such transactions should be aware of. Part 1 will examine...