Where a director has been removed by the board of directors of a company pursuant to section 71(3) of the Companies Act 71 of 2008 (the “Act”), section 71(5) gives…
Think long and hard about what to do with an unexpected financial windfall. That’s the lesson from a new high court judgment involving a woman who decided to invest an…
In response to South Africa’s greylisting by the Financial Action Task Force (“FATF”) for non-compliance with the international standards aimed at preventing money laundering and terrorist financing, the legislature elected…
Introduction It is trite that a company with limited liability is an entity separate and distinct from its shareholders or directors. The distinct corporate personality of a company has far-reaching…
The Supreme Court of Appeal (SCA) in Armitage NO v Valencia Holdings 13 (Pty) Ltd and Others (638/2022) [2023] ZASCA 157 considered an appeal from the full court of the…
Virtual currencies, particularly cryptographically secured ones, may be the wave of the future for payment systems. Left unchecked, however, and the decentralised and disintermediated nature of these digital assets pose…
WHAT RIGHT OF RECOURSE EXISTS FOR CREDITORS WANTING TO RECOVER THEIR MONIES FROM A COMPANY THAT HAS BEEN DEREGISTERED IN TERMS OF SECTION 82(3)(B)(II) OF THE COMPANIES ACT NO. 71…
Facts Driven by allegations that former President Jacob Zuma (Zuma) had failed to disclose income sources and evaded tax during his presidency, Mr Warren Thompson (Thompson), a financial journalist employed…
Introduction In Part 1 of this Three-Part Series, we focused on proposed amendments to the Companies Act, 2008, by the Companies Act Amendment Bill, 2021 (the “Amendment Bill”) that will…