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.

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 |2019-07-05T09:55:00+02:00July 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 |2019-07-08T09:40:41+02:00August 22nd, 2014|Categories: Company Law|Tags: , |

Proxy Form can be given Electronically in Writing and Signed

A proxy form must be in writing, dated and signed by the relevant shareholder. The question is what form must that take? Is an email or a pdf "in writing"? Can the shareholder use an electronic signature? Must it be [...]

By |2017-12-07T07:01:32+02:00July 10th, 2014|Categories: Company Law|

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 |2019-07-23T11:14:46+02:00April 15th, 2013|Categories: Company Law|Tags: , , |

What did the new Companies Act do to my MOI?

Shareholders must know what changes need to be made to their company's MOI to bring it in line with the new South African Companies Act. These changes are important, as the new Companies Act puts many new requirements on the [...]

By |2019-07-23T11:41:08+02:00August 15th, 2012|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 |2019-07-23T11:58:21+02:00August 15th, 2012|Categories: Company Law|Tags: , , |

CoR15.1A – Should You Use the CIPC Standard MOI Form?

The CoR15.1A is the default form offered by the Companies and Intellectual Property Commission (CIPC) when registering a company in South Africa with a standard Memorandum of Incorporation (MOI). We do not use the CIPC Standard MOI CoR15.1A form word-for-word like it was published [...]

By |2019-07-23T12:02:49+02:00July 28th, 2012|Categories: Company Law|

The Memorandum of Incorporation of a Homeowners Association

What laws or rules apply to a homeowners association in South Africa? Many Homeowners Associations were registered as section 21 companies under the old Companies Act 1973. These were companies not for gain and they had a memorandum and articles of association. [...]

By |2019-07-23T12:12:08+02:00June 4th, 2012|Categories: Company Law|Tags: , |