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Companies Act Series – Part 5

Part 5: Voluntary winding-up of solvent companies in terms of the Companies Act By Dommisse Attorneys on 1st March 2016 Although any mention of the “winding-up” or liquidation of a business enterprise has the tendency to attract negative sentiments in the commercial world, the voluntary winding-up of a solvent company remains a useful and practical […]

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Companies Act Series – Part 4

Part 4: Board Meetings By Dommisse Attorneys on 2nd February 2016 The Companies Act, 71 of 2008 (“the Act“) expressly provides that the business and affairs of a company must be managed by or under the direction of the board of directors (“the Board“), which has the authority to exercise all of the powers and perform […]

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Companies Act Series – Part 3

Part 3: Shareholders’ Meetings By Dommisse Attorneys on 2nd December 2015 In order for a company to achieve its objectives, it must make decisions about its day-to-day operations, as well as its long-term goals and business aspirations. So, you may ask, how does one practically give effect to this? And between the shareholders and the […]

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Companies Act Series – Part 2

Part 2: Appointment of directors and functions of the board of directors By Dommisse Attorneys on 2nd November 2015 The Companies Act, 71 of 2008 (as amended) (“the Companies Act”) provides that the business and affairs of a company must be managed by or under the direction of its board of directors (“the Board”). If […]

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Companies Act Series – Part 1

Part 1: Setting up a company By Dommisse Attorneys on 5th October 2015 If you are considering setting up a company, the two options that are available to you are to either incorporate a new company which is registered with the correct details from inception, or you can acquire a shelf company, transfer the shares […]

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Director’s Duties – 5 things you need to know

By Dommisse Attorneys on 20th August 2013 There has been a lot of media coverage in the past couple of years devoted to directors’ duties under the new Companies Act of 2008, and the fact that directors can be held personally liable if they breach those duties. The effect can be fear and uncertainty – […]

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The Ins and Outs of Issuing Shares to Employees

By Dommisse Attorneys on 29th June 2016 We are frequently asked to advise clients on the best way to incentivise their existing and future employees. This is an important consideration for any company (and particularly start-ups) who wish to, for example, attract and retain talent. There are a variety of ways in which employees can […]

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Observations on Company Names

By Dommisse Attorneys on 21st September 2017 Choosing a name for your new company may seem simple, but what may not be clear is that you cannot call your company whatever you want, as South African law regulates what a company name can and cannot be. Section 11 of the Companies Act, 71 of 2008 […]

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InfoDocs is now officially powered by Legalese

“InfoDocs, an online solution for managing company records, has announced today that they have secured a partnership with Legalese, a creative legal agency that provides tailor-made legal solutions for businesses.” This follows the news from last month, where InfoDocs announced a partnership with Intergreatme to help customers gain access to their verified identity documents. By […]

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Share Capital: What to consider?

By Dommisse Attorneys on 2nd June 2016 The monies raised by a company through the issue of shares is commonly referred to as the share capital of that company. The Companies Act, 71 of 2008 (as amended) (“Companies Act“) regulates certain aspects regarding share capital, which every director, shareholder and potential investor should be aware […]