The Backlash of Removing a Director
There are circumstances in which a director’s services may need to be terminated. Under the Companies Act 71 of 2008 (“the Act”), a director of a South African company can be removed in four primary ways: By the shareholders at a general meeting (section 71) By a...
The Legal and Practical Implications of Employer Insolvency on Employees in South Africa
Introduction Insolvency represents one of the most destabilising events in the lifecycle of a business, often producing far-reaching consequences not only for creditors and shareholders but also for employees. In the South African context, the legal framework...
The Importance of Pre-Emptive Rights in Private Companies
Introduction Running a business with others can be complex and unpredictable. Life circumstances change unexpectedly, and in such moments, individuals often prioritize their personal interests. This reality is particularly evident in our world, which continues...
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...
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