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Can a director be held personally liable to the creditors of a company?

2021-06-07T11:51:33+00:00May 3rd, 2021|Commercial Law|

Can A Director Be Held Personally Liable To The Creditors Of A Company? There are a few instances in which a director can become liable for the debts of a company. The first being in an instance where the director binds himself/herself in his/her personal capacity as surety for a debt. The other instances are

5 Benefits of Having a Shareholders Agreement In South Africa

2021-05-03T18:07:20+00:00September 25th, 2020|Commercial Law|

5 Benefits of Having a Shareholders Agreement In South Africa A Shareholders Agreement will provide various benefits to all parties involved. We have noted five main advantages of a Shareholders Agreement that has been appropriately structured and correctly drafted and concluded after proper analysis by commercial attorneys specializing in Shareholders Agreements. They are as follows:

What Should A Shareholders Agreement Include

2021-05-14T11:58:02+00:00September 25th, 2020|Commercial Law|

What Should A Shareholders Agreement Include? Each company's Shareholders Agreement will be different as same needs to be drafted and tailored to fit the company's unique needs and requirements. However, there are 5 main factors that one should ensure are included when drafting a Shareholders Agreement. 1. Shareholders’ Meetings Shareholders’ meetings should clearly be stipulated

Why Is A Shareholders Agreement Necessary

2020-09-25T07:01:17+00:00September 25th, 2020|Commercial Law|

Why Is A Shareholders Agreement Necessary? A Shareholders Agreement contractly concludes, formalise and governs the relationship as well as the duties and responsibilities between all stakeholders to the company. By clearly setting out the rights and responsibility of each party as well as the manner in which profits will be shared, it provides clear guidelines to

What are the different types of companies in South Africa

2020-07-23T11:03:33+00:00July 23rd, 2020|Commercial Law|

What are the different types of companies in South Africa? By J’Retha Rossouw Identifying the structure or type of entity to suit your company’s needs, is vital to any successful business. This decision will largely impact on the manner in which the company is administrated and regulated, and has to suit the nature of your

Does COVID-19 Qualify As Force Majeure Under South African Law?

2020-07-23T10:41:42+00:00April 3rd, 2020|Commercial Law|

Does The Coronavirus COVID-19 Qualify As Force Majeure Under South African Law? Force majeure refers to an unforeseen calamity or occurrence that places one of the parties to the agreement in an impossible position to perform in terms thereof. It is considered to be an event that the parties could not have reasonably contemplated when

WHAT IS ARBITRATION AND HOW DOES IT WORK?

2020-07-23T10:40:07+00:00March 16th, 2020|Commercial Law|

WHAT IS ARBITRATION AND HOW DOES IT WORK? Arbitration is a different way of legal dispute resolution where parties decide to forego the court process in favour of arbitration.  They submit their case to an arbitrator or arbitration panel who reviews the evidence, they listen to what the parties have to say and come to

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