Cession – How, when and why does it matter?
Introduction Often when we do not provide personal surety, the security of a loan can take the form of a cession. Therefore, the theory behind what we agree to when we agree to a cession is critical. South Africa has two types of cession: out-and-out and...
Mandamus and accountability in South African law
Accountability is of utmost importance in South African law as it serves as a cornerstone of good governance and the protection of citizens’ rights and freedoms. The Constitution of the Republic of South Africa, 1996, recognizes the importance of...
Setting up your dream company
Introduction As an entrepreneur, you have dreamed about setting up your own company. The next step is to identify what will be required to ensure a successful business. The Companies Act 71 of 2008 (“The Act”) will guide you when making this decision....
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...
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