Companies Act

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Difference between Member and Shareholder

Many people ask us about the difference between member and shareholder. They are similar but distinct, and it is important to know how they differ. Difference between member and shareholder The term "member" has different meanings in different contexts. In a non-profit company, a member is [...]

By | October 15th, 2015|Categories: Company Law|Tags: , |

Shelf Company vs Registering a Company

Are you looking for a shelf company? Should you buy a shelf company or register a new one? A shelf company is a company that was pre-registered. It has no assets or liabilities and has never conducted business. It is [...]

By | July 15th, 2015|Categories: Company Law|Tags: |

Only a Practising Attorney can draft a Memorandum of a Company

Only a practising attorney may draft a memorandum of a company. A memorandum of a company includes a memorandum of incorporation (MOI) under the new Companies Act. If anyone else does, they are committing a criminal offence. There are many [...]

By | August 22nd, 2014|Categories: Company Law|Tags: , |

Amend your Memorandum of Incorporation or not?

The new Companies Act of 2008 requires every South African company's Memorandum of Incorporation (MOI) to comply with the Act. The law asked that you amend your memorandum of incorporation by 30th April 2013. Many people are worried because they did not do [...]

By | April 15th, 2013|Categories: Company Law|Tags: , , |

What is a MOI or Memorandum of Incorporation?

A lot of people want to know: what is a MOI? The term "MOI" is an abbreviation for “Memorandum of Incorporation”. It is a document that sets out the rights, duties and responsibilities of shareholders, directors and other persons involved [...]

By | August 15th, 2012|Categories: Company Law|Tags: , , |

Implement the Companies Act electronically

The new Companies Act 71 of  2008 ("Companies Act") has been signed into law and commenced on 1 May 2011. It addresses various aspects not adequately dealt with in the old 1973 Companies Act, including the use of: information in electronic [...]

By | May 5th, 2011|Categories: Company Law|Tags: , |

Shareholders Agreements and the new Companies Act

Companies with shareholders agreements from before 1 May 2011 to regulate the relationship between their shareholders, are probably wondering how the new Companies Act will impact on them. Before 1 May 2013, the new Companies Act is not going to have [...]

By | May 1st, 2011|Categories: Company Law|Tags: , |

Update on the New Companies Act

EDIT: This post is now out of date, to get the latest details on the companies act see this post   As many readers may know the  Companies Act no. 71 of 2008 (a.k.a. The New Companies Act), was signed [...]

By | April 8th, 2010|Categories: Company Law|Tags: , , , |

Companies Act 2008 signed but not in operation

Please note that this post is out of date. To see our latest guidance on the Companies Act, please see this post. The Companies Bill has been signed into law by the President and is now officially the Companies Act 2008 [...]

By | April 16th, 2009|Categories: Company Law|Tags: , , |