The disclosure process in a Sale of Shares / Business Agreement (the “Sale Agreement”) provides the seller the opportunity to disclose liabilities / potential liabilities to the purchaser which could avoid liability against a future claim for breach of warranty.
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It is not uncommon for companies to raise capital by preference share funding (i.e. issuing preference shares to investors) as an alternative to debt funding for new business ventures and / or fulfilment of contractual obligations.
The Companies and Intellectual Property Commission ("CIPC") has issued Practice Note 2 of 2021 regarding the appointment and resignation of directors in a company. This Practice Note attempts to reduce complaints regarding unauthorised changes to directors and is effective as of 1 August 2021.
The concept of control as envisaged in the Competition Act (the “Act”) has been a fiercely debated topic with regard to the legislature’s intention of what constitutes control and whether a party to a merger has crossed the proverbial bright line to trigger the notification requirement for a merger.
The Protection of Personal Information Act (“POPIA”) is effective as of 1 July 2021. POPIA regulates how Personal Information and Special Personal Information of natural and juristic persons are processed.
May
2021
Practice note on employee ownership and other broad-based ownership strcutres published on 18 may 2021
The Practice Note clarifies how Broad-Based Ownership Schemes (“BBOS”), Employee Share Ownership Programmes (“ESOPs”), Trade Unions, Investment Holding Companies that are BBOS, Not for Profit Companies (“NPCs”) and Trusts, (collectively referred to as “Discretionary Collective Enterprises”) should be interpreted in light of the B-BBEE Codes of Good Practice (“Codes”).
May
2021
Draft guidelins on employee ownership and other broad-based ownership strcutres still to be published
The Department of Trade, Industry and Competition (“DTI”) is in the process of drafting guidelines on employee ownership and other broad-based ownership schemes (“Schemes”), Minister Ebrahim Patel (“Minister”) announced.
When disposing of shares in the share capital of a private company, the Sale of Shares Agreement (the “Agreement”) will often contain commercial warranties provided by the seller to the purchaser. Warranties are contractual statements of fact or promises about the condition of the company, its business and / or shares.
The restrictions which prevented South African corporations or individuals from setting up and investing in offshore entities, which in turn invests back into South Africa, has been significantly relaxed as of 01 January 2021.
A company that requires an injection of capital and wishes to raise the capital quickly, often turns to the public to sell its securities to, to obtain the required capital.
The Protection of Personal Information Act, Act 4 of 2013 (“POPIA”), provides for the protection of Personal Information of a Data Subject which is processed by all natural and juristic Persons.
The Protection of Personal Information Act, Act 4 of 2013 (“POPIA”), provides for the protection of Personal Information of a Data Subject which is processed by all natural and juristic Persons.