Unpacking Some Thoughts Around Share Buy Backs
A share buyback transaction is utilised when a company purchases its shares from shareholders. This is in contrast with a sale between shareholders. The shareholder’s agreement governs the sale of a private company’s shares. In most instances, several...
The limits of “Confidentiality” – with a Specific Focus on Litigious Proceedings
Confidential information means any information disclosed in however manner that is commercially sensitive. The best way to explain what it is is perhaps to describe what it is not (generally speaking): was publicly known and made generally available in the public...
“Your Time is Up”
Introduction The Companies Act, 71 of 2008 (the “Act”) places a fiduciary duty on all company directors. Therefore, directors are responsible for acting in good faith, exercising reasonable care, skill and diligence and working in the company’s best...
Dealing with Decision-Making Deadlocks in Private Companies
Effective decision–making is an essential part of running any business or company. In essence, companies are governed by the democratic principle on both shareholder and board levels. This means the majority rules both on the shareholder and on the board level. What...
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