Shareholders Relations
The Prohibition on Directors Making Profit at the Expense of a Company in South Africa
Introduction In South Africa, the fiduciary duties of company directors are governed by the Companies Act 71 of 2008. A key principle embedded in this legislation is the prohibition against directors profiting…
Read MoreThe Prohibition on Directors Using Corporate Opportunities at the Expense of a Company in South Africa
Introduction In South Africa, the fiduciary responsibilities of company directors are governed by the Companies Act 71 of 2008. Among these responsibilities is the crucial prohibition against directors using corporate opportunities for…
Read MoreThe Protection of Minority Shareholders’ Rights in South Africa
Introduction In South Africa, the rights of minority shareholders are protected under the Companies Act 71 of 2008. This legislation recognizes the importance of safeguarding the interests of minority shareholders to ensure…
Read MoreShareholder Obligations Regarding Capital Contributions and Loans in South Africa
Introduction In South Africa, the financial relationship between shareholders and a company encompasses both capital contributions through share purchases and additional funding via shareholder loans. These obligations are governed by the Companies…
Read MoreProof of Shareholding: Share Register vs. Share Certificates in South Africa
Introduction In South Africa, the proof of shareholding is a critical aspect of corporate governance and shareholder rights. The Companies Act 71 of 2008 provides a framework for the maintenance of records…
Read MoreThe Right of a Shareholder to Refuse Personal Security for Company Loans in South Africa
Introduction In the landscape of corporate finance, it is not uncommon for financial institutions to require personal security from shareholders when extending loans to a company. This situation raises important questions about…
Read MoreUnderstanding Quorum Requirements for Shareholders and Directors Meetings in South Africa
In South Africa, the quorum for shareholders’ and directors’ meetings is governed primarily by the Companies Act 71 of 2008. Understanding these provisions is crucial for ensuring that meetings are valid and…
Read MoreAppointment and Termination of Directors in South Africa
In South Africa, the appointment and termination of directors are governed primarily by the Companies Act 71 of 2008 and the company’s Memorandum of Incorporation (MOI). Understanding the legal framework surrounding these…
Read MoreThe Application of a Drag-Along Clause in Shareholder Agreements in South Africa
A drag-along clause is a critical provision often included in shareholder agreements, particularly in the context of South African corporate law. This clause enables majority shareholders to force minority shareholders to sell…
Read MoreThe Application of a Tag-Along Clause in Shareholder Agreements in South Africa
A tag-along clause is an important provision often included in shareholder agreements, particularly within the South African corporate context. This clause provides minority shareholders with the right to join in on the…
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