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...
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...
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