Company Law and Shareholders

//Company Law and Shareholders
Company Law and Shareholders2019-06-20T12:20:19+02:00
  • Company law and shareholders, Update on the New Companies Act

Company law and the relationship between shareholders is the foundation of all organisations. You can be a sole proprietor, but otherwise you need a legal person or entity to operate. You need to get it right. We provide various services that relate to how company law affects companies and close corporations. We have specific knowledge and experience on the Companies Act and Companies Regulations, and CIPC (or CIPRO). We like to ensure that you understand the potential opportunities and pitfalls of these Acts and regulations, to ensure you are protected and that your experience is a positive one.

What we offer regards company law

  1. Understand company law (like the Companies Act) and the impact on your organisation by attending a workshop or reading this website.
  2. Structure your business correctly from a local perspective and draft the agreements required to achieve that.
  3. Ask us to register a company for you. It is better to register a new company rather than buy a shelf company.
  4. Tailor your company for your requirements by asking us to draft or amend a memorandum of incorporation (memorandum) for a company.
  5. Manage the relationship between shareholders by asking us to draft a new shareholders agreement or review your old shareholders agreement. The shareholders can also attend a shareholder workshop.
  6. Appoint a director or change a director correctly.
  7. Sell or exit your company by asking us to draft a Sale of Shares Agreement regulating you selling your shares in a company to a purchaser.
  8. Sell your business as a going concern by asking us to draft a Sale of Business Agreement setting out how your company will sell the business to a purchaser as a going concern. Key considerations are the transferring of employees in accordance with labour law and VAT.
  9. Issue shares to a shareholder of a company by asking us to do it for you.
  10. Ensure that key people are vested in the organisation’s success by getting our advice.
  11. Comply with company law by asking us to review your documents to ensure that they are in line.
  12. Grow, restructure or exit your company through mergers and acquisitions.

What we offer close corporations and members

  1. Convert a close corporation into a company (a CC to a Pty) – you will have to this at some point.
  2. Regulate the relationship between members by concluding an Association Agreement or Members Agreement.
  3. Sell or buy a members interest by concluding a Sale of Members Interest Agreement.

Our experience

We have an extensive body of knowledge in company law which we have used to great effect to help our clients.

  • We have helped clients improve their company management and structure by drafting various agreements and policies.
  • We have assisted clients with establishing new companies by drafting unique MOIs and working with CIPC to facilitate the process.
  • We have provided clarity and legal certainty by providing our clients with legal opinions on complex company law issues.
  • We have assisted clients in avoiding disputes amongst themselves by drafting clear and concise shareholders agreements to better regulate their relationship.
  • We have empowered our clients with knowledge of how company laws affect them by providing webinars and workshops to all levels of their company.


If you are interested, please complete the form on the right or enquire now. We will contact you to find out more about your requirements and give you a quote.