Company Law

/Company Law

Company law and the relationship between shareholders is the foundation of all organisations. You can trade as a sole proprietor, but often you will find that you need the legal protection an entity or ‘legal person’ provides. We’ll ensure that understand the potential opportunities and pitfalls of these Acts and regulations, to ensure you are protected and that your experience is a positive one.

We can help you structure your business correctly, register a company, draft shareholders agreements and MOI’s and manage the relationship between shareholders and ensure that key people are vested in the organisation’s success.

Read more about Company Law and Shareholders and how we can assist you. Below you will find our most recent Insights on companies and corporations. We consider the Companies Act in many countries which deal with issues like the memorandum of incorporation (MOI) and shareholder agreements.

Company Name – What are the Legal Criteria?

Your company name is an important and valuable part of your business. You might want it to reflect what the company does, or the attitudes and ideals that you want your company to embody. But South African law has specific things to say [...]

By | July 28th, 2016|Categories: Company Law|

Close Corporation or CC – What Is It?

A close corporation (or CC) is a type of South African legal entity which was usually chosen for smaller businesses. Under the new Companies Act of 2008, close corporations can no longer be registered and they will be phased out over [...]

By | July 28th, 2016|Categories: Company Law|

What are the Types of Companies?

If you want to set up a company, knowing the different types of companies is important. Different company types have different benefits, responsibilities, and functions. In South Africa, there are five different types of companies: private companies, personal liability companies, [...]

By | July 28th, 2016|Categories: Company Law|

Shareholder Relationships can be the Mother of all Disputes

Good shareholder relationships are important. According to the Romans, community of property or co-ownership was the mother of all disputes. And this still holds true today. How often does the following scenario play out? Shareholder Relationships can go Wrong Two [...]

By | July 4th, 2016|Categories: Company Law|Tags: , , , |

Director vs Shareholder and the Types of Directors

Many people get confused about the distinction between director vs shareholder. Both have different types of control over their companies, but in very different ways. These differences are important to understand. Director vs Shareholder A shareholder owns (or holds) shares issued by [...]

By | February 15th, 2016|Categories: Company Law|

Competition Law and Joint Ventures

What happens when a group of businesses that all sell the same thing, e.g. bread, get together and decide that they will all charge the same price for bread? Well, the consumer is forced to pay this price because there [...]

By | February 3rd, 2016|Categories: Company Law|Tags: , , |

Joint Venture Partnerships

Partnerships are legal relationships which are based on contracts where two or more people (or companies) agree to carry on business together with the object of making and sharing profits. Partnerships generally involve an ongoing business relationship. Joint venture partnerships [...]

By | February 3rd, 2016|Categories: Company Law|Tags: , |

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: |

South African Reserve Bank vs Mark Shuttleworth

You may have heard the news regarding the recent Constitutional Court decision involving of South African Reserve Bank vs Mark Shuttleworth. It raises interesting questions for anyone who owns (or is thinking of starting) an IT business in South Africa. If [...]

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