Beneficial Ownership versus Beneficial Interest – Why It Matters
In today’s regulatory environment, understanding the distinction between beneficial ownership and beneficial interest is crucial, especially for businesses, investors, and legal professionals navigating compliance with South African laws like the Financial...
Post-Commencement Creditors’ Voting Rights in Business Rescue Proceedings – Why Does It Matter?
In a landmark decision, the Supreme Court of Appeal (“SCA”) recently addressed a pivotal issue in company law – whether post-commencement creditors are entitled to vote on a business rescue plan. Business rescue, unlike its predecessor, judicial...
Guidance on navigating Defamation Law in South Africa in the capacity of a Company.
Introduction In South Africa, the law of delict regulates Defamation based on the actio iniuriarim. Actio iniuriarim is the action that one will institute if one’s personality right has been infringed. Defamation occurs when a statement has a negative impact on...
Directors Serve the Best Interests of the Company – The Importance of Directors Duties
Introduction As a business owner or entrepreneur, understanding the legal landscape is crucial for the success and sustainability of your business. One of the key areas to be aware of is the legal duties of directors. The recent Supreme Court of Appeal...
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